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2Q1108200
<br />(d) There shall be filed by or against Trustor or Borrower an action under any present or future federal, state or �
<br />other statute, law or regulation relating to barikru.ptcy, insolvency or other relief for debtors; or there shall be
<br />appointed any trustee, receitver or liquidatar of Trustor or Borrower or of all or any part of the Property, or the rents,
<br />issues or profits thereo� or Trustor or Borrocver shall make any general assignment for the benefit of creditors;
<br />(e) The sa1e, transfer, Iease, assignment, conveyance or further encumbrance of all or any part of or any interest in
<br />the Property, eithe�r volun�arily or involuntarily, without the express written consent of Lender; provided that Tntstor
<br />shall be permitted to execute a lease of the Property tha.t does not conta.in an option to purchase and the term of
<br />which does not exceed on� year,
<br />( fl Abandonment of the �roperty; or
<br />(g). If Tiustor is not an individual, the issuance, sa1e, transfer, assignment, conveyance or encumbrance of more than
<br />(if a corporation) a total of NA percent of its issued and outstanding stock, or (if a par4aezship) a total of Nt�
<br />percent of partnership interests, or (if a limited liability comgany) a total of NA percent of the limited liability
<br />company interests or votirig �ights during the period this Deed of Trust remains a lien on the properry.
<br />12. Remedfes; �4cceleration Upon Defanit. In the event of any Event of Default Lender may, without
<br />notice �cept as required by �.a.w, declare all indebtedness secured hereby to be due and payable and the same s?aali
<br />thex�eupon become due and payable withont any presentment, demand, protest or nofice of any kind. Thereaf�er
<br />Lender ma.y,
<br />(a) Demand that Trustee exercise the POWER OF SALE granted. herein, and Trustee sha11 thereafter ca.use
<br />Trustor's interest in the Properly to be sold and the proceeds to be distn'buted, all in the manner provided in the
<br />Nebraska. Trust Deeds Act; (b) Exercise any and all right prov�ided for in. any of the Loan Instrtiments or by law
<br />upon occturence in aaayy Event of Defa.ult; and
<br />(c) Comnaence an action to foreclose this Deed. of Trust as � mortgage, appoint a receiver, or specifically enforce
<br />any of the covenants hereaf.
<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 I.oan Instruments or by law provided. or permitted, but each ahall be cumulative, shall be in additioII to
<br />every other remedy given hereunder, in the Loan Instruments or now or hereafter existing at law or in equity or by
<br />sta.tute; and may be exercised concurrently, independently or su.ccessively.
<br />13. Trastee. The Trustee zna.y resign at any time without cause, and Lender may at any time and without
<br />cause appoin.t a successor or substitute Trustee. Trustee shalfl not be liable to any party, including without limitaxion
<br />Lender, Borrower, Txtistor or any purchaser of the Properiy, for any loss or damage unless due to reckless or cvillful
<br />misconduct, and shall not be required to take any action in connection with the enforcement of this Deed of Trust
<br />unless indemnified, in writing, for all cost, compensation or expenses which ma.y be associated therewith. In
<br />addition, Trustee ma.p becbme a purchaser at auy sale of �he Property (judicial or under the.power of sale granted.
<br />herein); postpone the sale of all or any porkion of the Property, as provided. by law; or sell the Properiy as a whole, or
<br />in separate parcels or lots �.t Trustee's discretion.
<br />14. Fees and Egpenses. In the event Trustee sells Yhe Properiy by exercise of power of sa1e, Trustee shall
<br />be entifled to apply any sale proceeds first to payment of all costs and expenses of exercising power of sale,
<br />including all Trustee's fees, and Lender's and Trustee's attormey's fees, actually incurred to extent permitted by
<br />applicable law In the event Borrowei or Trustor exercises a�y right provided by law to cure an Event of Default,
<br />Lender sl�all be entitled to recover from Trustor all costs and expenses actually incurted as a result of Trustor's
<br />default, including without limitation a11 Trustee's and attorney's fees, to the extent permitted by applicable law.
<br />15. Fntnre Advances. Upon zequest of Borrower, Lender may, at its option, make additional and future
<br />advances and readvances �o Bortower. Such adv2nces and rea.dvances, with interest tliereon, shall be secuied by this
<br />Deed of Tzust At no time shall the principal amount of the indebtedness secured by this Deed of Tnist, not
<br />including sums advanced. to protect the secuxity of this Deed of Trust, exceed the original principal amount stated
<br />herein, or $ 60.000.00 , whichever is greater.
<br />16. M3scellaneons Provisions.
<br />(a) Borrower Not Released. Extension of the time for payment or modification of amortizati.on of the sums
<br />secuxed by this Deed of Tiust granted by Lenzlez to any successor in interest of Borrower shall not opera.te to relea.se,
<br />iu any manner, the liabilitj� of the original Bortower and Borrower's successors in interes� Lender shall not be
<br />required to commence proceedings against such successor or refuse to extend time for payment or otl�erwise modify
<br />amortization o£the sums secured by this Deed of Tzust by re�son of any deinands made by the original Borrower
<br />and Bortower's successors in interest
<br />(b) Lender's Powers. V�ithout affecting the liability of any other person liable for the payment of any obligation
<br />herein mentioned, and wit�out affecting the lien or charge of this Deed of Trust upon any portion of the Property not
<br />then or theretofore released as security for the full amount of all unpaid obligations, Lender ma.y, from time to time
<br />and wifihout notice (i) release any person so liable, (ii) extend the maxurity or alter any of the terms of any such
<br />obligations, (iu� grant other indulgen.ces, (iv) release or reco�avey, oz cause to be released or zeconveyed at any time
<br />at Lender's option any parcel, portion oz all of the Properiy, (v) take or release any other or addaYional security for
<br />any obligation herein memioned, or (vi) make compositions or other atrangements with debtozs in relation thereto.
<br />(c) Forbearance by Lender Not � Waiver. A.ny forbearance by Lender in exercising suy riglat or remedy
<br />hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such
<br />right or remedy. The procuzement of insurance or tlae payment of taxes oz other liens or chazges by Lender shall not
<br />be a waiver or Lender's right to accelerate the maturity of the indebtedness secured by this Deed of Trust
<br />(d) Successors and Assigus Bonnd; Jbint and Several Lialbility; Captions. The covenants and agreements
<br />herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender
<br />and Trustor. All covenanfs and agreements of Trastor shall be join.t and several. The captions and hea.dings of the
<br />paragraphs of this Deed of Trust are for convenience only and aze not to be used. to interpret or define the provisions
<br />hereo£
<br />(e) Request for Notices. The parties hereby request that a copy of any notice of default hereuniier and a copyof
<br />any notice of sale hereunder be maaled to each party to this Deed of Trust at the address set forth above in the
<br />manner prescnbed by appiicable law. Except for any other notice sent requ3secl under applicable law to be given in
<br />another manner, any notice provided for in. this Deed of Trust shall be given by naailing such notice by certified mail
<br />addressed to the other parties, at the address set forth above. Any notice
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