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�01�05�0� <br />(d) There shall be filed b� or against Tnistor or Boxrower an action under any present or future federal, state or � <br />other statute, law or zegul�tion relating to bankruptcy, insolvency oz other relief for debtors; or there shall be <br />appoin.ted any tmstee, receiver or liquidatar of Trustor or Borrower or of all or �.ny part of the Properly, or the rents, <br />issues or pzofits thereo� or Tzustor or Borrower shall make auy genezal assignmen.t for the benefit af creditors; <br />(e) The sa1e, transfer, Iease, assignment, conveyance or ftiuthther encwtnbrance of all or any part of or any interest in <br />the Property, either volunfarily or involuntarily, without the express written consent of Lender; provided that Tntstor <br />shall be permitted to execute a lease of the Property that does not contain an option to purchase and the term of <br />w}iich does not exceed one year; <br />( fl Abandonment of the �roperiy; or <br />(g). If Tirustor is not an individual, the issuance, sale, transfer, assignment, conveyance or encumbrance of more tha.n <br />(if a corpoza.tion) a tot�7. of N1� percen:t of its issued and outstanding stock, or (if a partnership) a total of N� <br />percent of patinership in.tezests, or (if a limited liability co�np�an.y) a total of NA percent of the limited liability <br />company ivaterests or votirig rights during the period this Deed of Tzust mmaing a lien on the property. <br />12. Remedies; A:ccelerat3on Upon Default. In the event of any Event of Default Lender ma.y, without <br />notice except as zequired by law, declare all indebtedness secured hereby to be due aud paya.ble and the same shal�. <br />thereupon become due and payable without any presentment, dem�.nd, protest or notice of any kind. Thezeafter <br />Lender ma.y, <br />(a) Demand that Trustee e�.arcise the POWER OF SALE gr�nted herein, and Trustee shall thereafter cause <br />Trustor's interest in the Properiy to be sold and the proceeds to be distnbuted, all in the ananner provided in the <br />Nebraska Trust Deeds Ac� (b) Exercise auy and a11 right provided for in auy of the Loan Instruments or by law <br />upon occurtence in any Event of Defa.ult; and <br />(c) Commence an action to foreclose this Deed. of Trust as m mortgage, appoint a receiver, or apecifically enforce <br />any of the covenants hereaf. <br />No remedy herein conferred upon oz reserved to Trustee or Lender is intended to be exclusive of any othe�r zemedy <br />herein, in the Loan Instivments or bq la.w provided or penmitted, but ea.ch sha11 be cumulative, shall be in additio� to <br />every other remedy given hereunder, in the Loau Instruments or now or hezeafter existing at law or in equity or by <br />statute; and may be elcercised concurt�ntly, independently or successively. <br />13. Trnstee. The Tnisttee may resign at any time without cause, and Lender may at any time and without <br />cause appoint a successor or substitute Trustee. Trustee shal� not be liable to auy party, includin.g without limitation <br />Lender, Borrower, Trustor• or any purchasez of the Pzaperty, �or any loss or damage ualess due to reckless or willful <br />misconduct, and shall not be required to take any action in ccannection with the enforcem.ent of thi.s Deed of Trust <br />unless indemnified, in. writing, for all cost, compensati.on or expenses which may �be associated. thezewith. In <br />addition, Trustee may becpme a purchaser at any sale of the Property (judicial or under the gower of sale grauted <br />herein); postpone the sale of all or auy portion of the Property, as provided. by law; or sell the Properiy as a whole, or <br />in separate pazcels or lots �.t Trustee's discretion. <br />].4. Fees �nd E�enses. In the event Trustee sells 1he Pmperiy by exercise of power of sa1e, Trustee shall <br />be entifled to apply any sale praceeds fYrst to payment of all oost� and expenses of ex.erci�sing power of sale, <br />including all Trustee's fees, and Lender's and Trustee's attor¢Ley's fees, actually incurred to extent permitted by <br />applicable law In the eveiat Borrowei or Tzustor axercises any right provided by law to cure an Event of Default, <br />Lender s�tall be entitled to recover from Trustor all costs and expenses actually incurred as a result of Trustor's <br />default, iuncluding without lirnita.tion all Trustee's and attorney's fees, to the e7ctent permitted by applicable law. <br />15. Futnre Advances. Upon request of Borrowez, Lendez� may, at its option, nnake additional and futtue <br />advances and readvances �o Borrower. Such adva�aces and zeadvances, with interest tliezeon, shall be secuied by this <br />Deed. of Tzust At no tim.e� shall the principal amount of the indebtedness secured by this Deed of Trust, not <br />including sums ad.vanced to protect the security of this Deed �of Trust, exceed the original principal amount sta.ted <br />herein, or $�Q n� Q Q� , whichever is $reater. <br />16. Misc tlaneol�s Provisions. <br />(a) Borrower Not Relea�ed. Extension of the time for payment ar modificati.on of amortizati.on of the sums <br />secured by this Deed of Tiust granted by Lender to any successor in. interest of Borrower shall not operate to release, <br />in any mann.er, the liabilitj► ofthe original Borrower and Borrower's successors iun interes�t. Lender shall not be <br />required to commence pro�ceedings against such successor or refuse to extend tiu�e £or payment or othervvise modify <br />auiortizationt of the swns sectared. by this Deed of Tnist by re�.son of an.y demands made by the oziginal Bonower <br />and Barrower's successors in, interes� <br />(b) Lender's Powers. W�ith�ut affecting the liability of any other person liable for the payment of auy abligation <br />herein mentioned, and wit�o�.t aff�cting the lien or charge of this Deed of Trust upon any portion of the Properiy not <br />then or theretofore released as security for the full amount of all uuupaid obliga.tions, Lender naay, from time to time <br />and wifihout notice (i) release any person so liable, {ii) extend tb.e ma.turity or alter any of the terms of any such <br />obligati�ns, (iia`} grant othar ilndYiJ:gences, (iv) release or reco�avey, or cause to be released or reconveyed at any time <br />at Lender's option any parce�, portion or all of the h'zoperty, (v} take or release any other or additional security for <br />any obligation herein mer�io�ed, oz (vi) ma.ke compositions or other arrangements with debtois in relation thereto. <br />(c) Forbearance bp Leuc�ex Not � Waiver. .Any forbearance by I.ender in exercising any right az remedy <br />hereunder, or otherwise a.$fo�ded. by applicabls law, shall not be a waiver of or preclude the exercise of any such <br />right or remedy. The proouz�men.t of +n�,�*ance or the payment of taxes oz other liens or chazges by Lender shall not <br />be a waiver or Lender's rit�ht to accelera.te the maturity of tb.e indebtedness secured by this Deed of Tmst. <br />(d) Snccessors and Assfgns Bonnd; Jbint and Several Lialbilitq; Captions. The covenants and agraements <br />herein contained shall bind, and the rights hereunder shall inure to, the respective successozs and assigns of Lender <br />and Trustor. All covenanfs a�d agreements of Tnlstor shall be joint and several. The captions and headings of the <br />pazagraphs of this Deed of Txust are for convenience only and aze not to be used to interpret or define the provisions <br />hexeo£ <br />(e) Reqnest for Notices. T'he pazties hereby request that a copy of any notice of defauit hereunder and a copyof <br />any notice of sale hereunder be mailed to each party to this Deed of'Frust at the �.ddress set forth above in the <br />m�anaer presenbed by appiicable law. Except for any other notice sent required under applicable 1aw to be given in. <br />another manne�r, any notice provided for in this Deed of Trust shall be given by mailiing such notice by certified mail <br />addtessed to the other parties, at the address set forth above. Any notice <br />