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201108543
<br />(d) Thexe shall be filed b� or against Trustor or Borrower an action undez any present or future federal, state or
<br />other statute, law or regulation relating to bankruptcy, insolvency or other relief for debtors; or there shall be
<br />appointed any trustee, receiver or liquidator of Trustor or Borrower or of all or any part of the Property, or the rents,
<br />i.ssues or profits thereof, or Trustar or Borrower shall make any general assignment for the benefit of creditors;
<br />(e) The sa1e, transfer, Tease, assignment, conveyance or fiuther encumbrance of all or any pazt of or any jinterest in
<br />the Property, either volun�arily or involuntarily, without the express written consent of Lender; provided tkat Trustor
<br />shall be permitted tv execute a lease of the Property tkat does not contain an option to purchase and the term of
<br />which does not exceed one year,
<br />( fl Abandonment of the I�roperty; or
<br />(g). If Tiustor is not an individual, the issuance, sa1e, transfer, assignment, conveyance or encunnbrance of more than
<br />(if a corporation) a tot�l of NA percent of its issued and outstanding stock, or (if a partnership) a total of N�
<br />percent of parinership intezests, or (if a limited liabiliry company) a total of NA percent of the limited liability
<br />company interests or votiug rights during the period this Deed of Trust remains a lien on the property.
<br />12. Remedies; t4cceleration Upon Default. In the event of any Event of Default Lender may, without
<br />notice except as requixed by law, declaze all indebtedness secured hereby to be due and payable and the same shali
<br />thereupon become due and payable without any presentment, demand, protest or notice of any kind. Thereafter
<br />Lender may;
<br />(a) Demand that Trustee exercise the POWER OF SALE granted herein, and Trustee shall thereafter cause
<br />Trustor's interest in the Properiy to be sold and the proceeds to be distributed, a11 in the manner provided in the
<br />Nebraska Trust Deeds Act; (b) Exerczse any and ail right provided for in any of the Loan Instruments or by law
<br />upon occvrrence in suy Event of Defanit; and
<br />(c) Com�xzence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, or specifically ezifarce
<br />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 Loan Instrurnents 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 Instruments or now or hereafter e�sring at law or in eqixity or by
<br />statute; and may be 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 Txustee. Trustee shall not be liable to any party, including without limitation
<br />Lender, Bortower, Trustor or any purchaser of the Property, for any loss or damage unless due to reckless or willful
<br />misconduct, and shall not be requued to take any action in connectiou with the en�orcement of this Deed of Tzust
<br />unless indemnifed, in writing, for �ll cost, coxnpensation or expenses which may be associated therewith. In
<br />addition, Trustee may become a purchaser at ax�y sale of the Property (judicial or under the.�ower of sale granted
<br />herein); postpone the sale of a11 or any portion of the Property, as provided by law; or sell the Property as a whole, or
<br />in separate parcels or lots �,t Trustee's discretion.
<br />14. Fees and Egpenses. In the event Trustee sells the Properry by exercise of power of sale, 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 attorney's fees, actually incutred to extent pexmitted by
<br />applicable law. In the event Borrower or Trustor exercises any right provided by law to cure an Event of Default,
<br />Lender s�all be entitled to recover from Trustor a1I costs and expenses actually incurred as a resutt of Trustor's
<br />defauit, including without limitation all Trustee's and attorney's fees, to the extent permitted by applzcable law.
<br />15. Future Advances. Upon request of Boxrower, Lender may, at its option, make additional and future
<br />advances and readvances �o Borrower. Such adv�nces and readvances, with interest tliereon, sba.11 be secuied by this
<br />Desd of Tnzst. At no time shall the principal amount of the i�debtedness secured by tlus Deed of Trust, not
<br />inc]uding sums advanced to protect the security of this Deed of Trust, exceed the original principal amount stated
<br />herein, or $_ 70,000.00 whichever is greater.
<br />16. M�iscellaneous Provisions.
<br />(a) Borrower Not Released. Extension of the time for payxnent or modification of amortization of the sums
<br />secured by tlus Deed of Trust granted by Lerider to any successor in interest of Borrower shall not opera.te to release,
<br />in any manner, the liabilitj� of the oxiginal Borrower and Borrower's successoxs in interest. Lender shall not be
<br />required to commence proceed3ngs against such successor or refuse to extend time for payment or otherwise modify
<br />arriortiza�ion of the sums secured by this Deed of Trust by reason of any demands made by the original Borrower
<br />and Borrower's successors in interest.
<br />(b) Lender's Powers. Without affecting the liability o� an.y other person liable for the payment of any obligation
<br />herein mentioned, and witiiout affecting the lien or charge of this Deed of Trust upon any portion of the Property not
<br />then or theretofore released as secwrity for the full amount of all unpaid obligations, Lender znay, from time to tinae
<br />and without notice (i) release any person so liable, {ii) extend the maturity or alter any of the terms of any such
<br />obligations, (iii) gran.t other indulgences, (iv) release or recon.vey, or cause to be released or reconveyed at any time
<br />at Lender's option any parcel, portion or all of the Properly, (v) take or release any other or additional security for
<br />any obligation herein mernioned, or (vi) make compositions or other arrangements with debtors 'vn relation thereto.
<br />(c) Forbearance by Leniler Not a Waiver. Any forbearance by Lender in exercising any xigb.t 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 procurement of insurance or the payment of taxes or other liens or ch�rges by Lendar shall not
<br />be a waiver or Lender's right to accelerate fhe maturity of the indebtedness secured by this Deed of Trus�
<br />(d) Snccessors and Assigtts Boand; Joint and Several Liabitity; Captions. The covenants and agreements
<br />hereitn contained sball bind, and the rights hereund.er shall inure to, the respective successors and assigns of Lender
<br />at�d Tn�stor. All covenanfs and agreements of `Tnastor sha11 be joint and several. The captions and keadings of the
<br />paragraphs of this Deed of Tntst are for convenience only and are not to be used to interpret or define the provisions
<br />hereof.
<br />(e} Request for Notices. The parties hereby request that a copy of any notice of default hereunder and a copy of
<br />any notice of sale hereunder be mailed to each party to tbis Deed of Trust at the a.ddress set forth above in the
<br />maxmer prescribed by applicable law. Except for any other notice sent required under applicable law to be given in
<br />another manner, any notice provided for in this Deed of Trust shall be given by mailing such notice by certifiecl mail
<br />addressed to the other parties, at the address set fortiu above. .Any notice
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