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�0��04424
<br />WARRANTIES AND REPRESENTATION, AND TRUSTOR'S OBLIGATIONS PURSUANT TO THE
<br />FOREGOING INDENINITY, SHALL SURVIVE RECONVEYANCE OF THI5 DEED OF TRUST.
<br />10. Assignment of Rents. Trustor hereby assigns to Lender the rents, issues, and profits of the Property,
<br />provided that Trustor shall, until the occurrence of an Event of Default hereunder, have the right to collect and retain
<br />such rents, issues, and profits as they become due and payable. Upon the occurrence of an Event of Default, Lender
<br />may, either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a
<br />court and without regard to the adequacy of its security, enter upon and take possession of the Property or any part
<br />thereof in its own name or in the name of the Trustee, and do any acts which it deems necessary or desirable to (a)
<br />preserve the value, marketability, or rentability of the Property or any part thereof or interest therein, (b) increase
<br />the income therefrom, or (c) protect the security thereof; and, with or without taking possession of the Property, sue
<br />for or otherwise collect the rents, issues, and profits thereof, including those past due and unpaid, and apply the
<br />same, less costs and expenses of operation and collection, including attorney's fees, upon any indebtedness secured
<br />hereby; all in such order as Lender may determine. The entering upon and taking possession of the Property; the
<br />collection of such rents, issues, and profits; and the application thereof as aforesaid, shall not cure or waive any
<br />default or notice of default hereunder or invalidate any act done in response to such default or pursuant to such
<br />notice of default and, notwithstanding the continuance in possession of the Property or the collection, receipt, and
<br />application of rents, issues, or profits; and Trustee and Lender shall be entitled to exercise every right provided for
<br />herein or by law upon occurrence of any Event of Default, including without limitation the right to exercise the
<br />power of sale. Further, Lender's rights and remedies under this paragraph shall be cumulative with and in no way a
<br />limitation on Lender's rights and remedies under any assignment of leases and rents recorded against the Property.
<br />Lender, Trustee, and the receiver shall be liable to account only for those rents actually received.
<br />11. Events of Default. The following shall constitute an Event of Default under this Deed of Trust:
<br />(a) Failure to pay any installment of principal or interest or any other sum secured hereby
<br />when due;
<br />(b) A breach of or default under any provision contained in the Note, this Deed of Trust,
<br />any of the Loan Instruments, or any other lien or encumbrance upon the Property;
<br />(c) A writ of execution or attachment, or any similar process, shall be entered against
<br />Trustor, which shall become a lien on the Property or any portion or interest therein;
<br />(d) There shall be filed by or against Trustor or Borrower an action under any present or
<br />future federal, state, or other statute, law, or regulation relating to bankruptcy, insolvency, or other
<br />relief for debtors; or there shall be appointed any trustee, receiver or liquidator of Trustor or
<br />Borrower or of all or any part of the Property, rents, issues, or profits thereof; or Trustor or
<br />Bonower shall make any general assignment for the benefit of creditors;
<br />(e) The sale, tra.nsfer, assignment, conveyance, or further encumbrance of all or any part
<br />of or any interest in the Property, either voluntarily or involuntarily, without the express written
<br />consent of Lender or as otherwise herein permitted; or
<br />( fl Abandonment of the Property.
<br />12. Remedies; Acceleration Upon Default. Upon occurrence of any Event of Default, Lender may,
<br />without notice except as required by law, declare all indebtedness secured hereby to be due and payable, and the
<br />same shall thereupon become due and payable without any presentment, demand, protest, or notice of any kind.
<br />Thereafter, Lender may:
<br />(a) Demand that Trustee exercise the POWER OF SALE granted herein, and Tntstee
<br />shall thereafter cause Trustor's interest in the Property to be sold and the proceeds to be
<br />distributed, all in the manner provided in the Nebraska Trust Deeds Act;
<br />(b) Exercise any and all rights provided for in the Note, this Deed of Trust, or by law
<br />upon occurrence of any Event of Default; and
<br />(c) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a
<br />receiver, or specifically enforce any of the covenants hereof.
<br />No remedy herein conferred upon or reserved to Trustee or Lender is intended to be exclusive of any other remedy
<br />herein, in the Note, or by law provided or permitted, but each shall be cumulative; shall be in addition to every other
<br />remedy given hereunder, in the Note, or now or hereafter existing at law or in equity or by statute; and may be
<br />exercised concurrently, independently, or successively.
<br />13. Trustee. The Trustee may resign at any time without cause, and Lender may at any time and without
<br />cause appoint a successor or substitute Trustee. Trustee shall not be liable to any pariy, including without limitation
<br />Lender, Borrower, Trustor, or any purchaser of the Property, for any loss or da.mage unless due to reckless or willful
<br />misconduct, and shall not be required to talce any action in connection with the enforcement of this Deed of Trust
<br />unless indemnified in writing for all costs, compensation, or expenses that may be associated therewith. In addition,
<br />Trustee may become a purchaser at any sale of the Property (judicial or under the power of sale granted herein);
<br />postpone the sale of all or any portion of the Property, as provided by law; or sell the Property, as a whole or in
<br />sepazate parcels or lots at Trustee's discretion.
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