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<br />200809799 <br /> <br />demand that Trustee exercise the POWER OF SALE granted herein, and Trustee shall thereafter <br />cause Trustor's interest in the Property to be sold and the proceeds to be distributed, all in the <br />manner provided in the Nebraska Trust Deeds Act; (b) exercise any and all rights provided for in <br />any ofthe Loan Documents or by law upon occurrence of any Event of Default; and (c) <br />commence and action or foreclose the Deed of Trust as a mortgage, appoint a receiver, or <br />specifically enforce any of the covenants hereof. No remedy herein conferred upon or reserved <br />to Trustee or Lender is intended to be exclusive of any other remedy herein, in the Loan <br />Documents or by law provided or permitted, but each shall be cumulative, shall be in addition to <br />every other remedy given hereunder, in the Loan Documents or now or hereafter existing at law <br />or in equity or by statute and may be exercised concurrently, independently or successively. <br /> <br />10. Trustee. The Trustee may resign at any time without cause, and Lender may <br />at any time and without cause appoint a successor or substitute Trustee. Trustee may: (i) become <br />a purchaser at any sale ofthe Property Gudicial or under the power of sale granted herein); (ii) <br />postpone the sale of all or any portion of the Property, as provided by law; or (iii) sell the <br />Property as a whole or in separate parcels or lots, at Trustee's discretion. <br /> <br />11. Fees and Expenses. In the event Trustee sells the Property by exercise of the <br />power of sale, Trustee shall be entitled to apply any sale proceeds first to payment of all costs <br />and expenses of exercising the power of sale, including, without limitation, all Trustee's fees and <br />the attorney's fees of Lender and Trustee actually incurred to the extent permitted by applicable <br />law. In the event Trustor exercises any right provided by law to cure an Event of Default, <br />Lender shall be entitled to recover from Trustor all costs and expenses actually incurred as a <br />result of Trustor's default, including, without limitation, all Trustee's and attorney's fees, to the <br />extent permitted by applicable law. <br /> <br />12. Miscellaneous Provisions. <br /> <br />(a) Trustor Not Released. Extension ofthe time for payment or <br />modification of amortization of the sums secured by this Deed of Trust granted by Lender <br />shall not operate to release, in any manner, the liability of Trustor or Trustor's successors <br />or permitted assigns. Lender shall not be required to commerce proceedings or refuse to <br />extend time for payment or otherwise modify amortization of the sums secured by this <br />Deed of Trust by reason of any demand made by Trustor or Trustor's successors in <br />interest. <br /> <br />(b) Lender's Powers. Without affecting the liability of any other person <br />liable for the payment of any obligation herein mentioned, and without affecting the lien <br />or charge of this Deed of Trust upon any portion of the Property not then or therefore <br />released as security for the full amount of all unpaid obligations, Lender may, from time <br />to time and without notice: (i) release any person so liable; (ii) extend the maturity or <br />alter any of the terms of any such obligations; (iii) grant other indulgences; (iv) release or <br />reconvey, or cause to be released or reconveyed at any time at Lender's option, any <br />parcel, portion or all ofthe Property; (v) take or release any other or additional security <br /> <br />3 <br />