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201109704
<br /> DEED OF TRUST
<br /> Loan No:810286 (COl�tltllied) Page 5
<br /> effect(including failure of any collateral document to create a valid and perfected security interest or IieN at any
<br /> time and for any reason.
<br /> Death or'Insolvency. The death of Trustor,the insolvency of Trustor,the appoiMment of a receiver for any part of
<br /> � �Trustor's property, any assignment.for the benefit of creditors, any type of creditor workout, or the
<br /> commencement of any proceeding under any barikruptcy or insolvency laws by or against Trustor.
<br /> � Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial
<br /> proceeding,self-help,repossession or any other method,by any creditor of Trustor or 6y any govemmental agency
<br /> against any property securing the Indebtedness. This includes a garnishment of any of Trustor's accounts,
<br /> including deposit accounts,with Lender. However,.this Event of Default shall not apply if there is a good faith
<br /> dispute by Trustor as to the validity or reasonabieness of ihe claim which is the basis of the creditor or forfeiture
<br /> proceedi�g and if Trustor gives Lender written notice of the creditor or forfeiture proceeding and deposits with
<br /> Lender monies or a surety bond for the creditor or forfeiture proceeding,in an amounf determined by Lender,in its
<br /> sole discretion,as beirtg an adequaTe reserve or 6ond for.the dispute.
<br /> Breach of Other Agreement. Any breach by Trustor under the terms of any other agreement between Trustor and
<br /> Lender that is not remedied within any grace period provided therein, including without limitation any agreement
<br /> concerning any inde6tedness or other o6ligation of Trustor to Lender,whether existing now or later.
<br /> Events Affecting Guararttor. Any of the preceding events occurs with respect to any guarantor,endorser,surety,
<br /> or accommodation party of any of the Indebtedness or any guarantor, endorser, surety,or accommodation party
<br /> dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the
<br /> Indebtedness.
<br /> Adverse Change. A material adverse change occurs in Trustor's financial condition, or Lender tielieves the
<br /> prospect of payment or performance of the Indebtedness is impaired. �
<br /> Insecurity. Lender in good faith believes itself insecure. � .
<br /> Existing Indebtedness. The payment of any installment of principal or any interest on the Existing Indebtedness is
<br /> not made within the time required by the promissory note evidencing such indebtedness,or a default occurs under
<br /> the instrument securing such indebtedness and is not cured during any applicable grace period in such instrument,
<br /> or any suit or other action is commenced to foreclose any existing lien on the Property.
<br /> RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust,at any time thereafter,
<br /> Trustee or Lender may exercise any one or more of the follo�ving rights and remedies .
<br /> � Acceleration Upon Default;.Additional Remedies. If any Event of Default occurs as per the terms of the Note
<br /> secured hereby,Lender may declare all Inde6tedness secured by this Deed of Trust to be due and payable and
<br /> the same shall thereupon become due and payable without any presentment,demand,protest or notice of any
<br /> � kind. Thereafter,Lender may; -
<br /> (a) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver
<br /> appointed by a caurt and without regard to the adequacy of its security,enter upon and take possession
<br /> of the Property,or any part thereof,in its own name or in the name of Trustee,and do any acts which it
<br /> deems necessary or desirable to preserve the value,marketability or rentability of the Property,or part of
<br /> the Property or i�terest in the Property;increase the income from the Property or protect the security of
<br /> the Property; and, with or without taking possession of the Property,sue for or ofherwise collect the
<br /> rents,issues and profits of the Property, including those past due and unpaid,and apply the same,less
<br /> costs and expenses of operation and collection attomeys'fees,to any indebtedness secured by this Deed
<br /> of Trust, allin such order as Lender maV determine. The entering upon and taking possession�of the
<br /> Property, the collection of such rents, issues and profits, and the application thereof shall not cure or
<br /> waive any default or notice of default under this Deed of Trust or invalidate any act done in response to
<br /> such default or pursuant to such notice of default;.and,notwithstanding the continuance in possession of
<br /> the Property or the collection, receipt and application of rents, issues or profits,Trustee or Lender shall
<br /> be entitled to exercise every right provided for in the Note or the Relatetl Documents or by law upon the
<br /> occurrence of any event of default,including the right to exercise the power of sale;
<br /> (b) Commence an action to foreclose this Deed of Trust as a mor[gage,appoint a receiver or specifically
<br /> enforce any of the covenants hereof;and
<br /> � (c) Deliver to Trusiee a written declaration of default and demand for sale and a written notice of default
<br /> and election to cause Trusior's interest in the Property to be sold,which notice Trustee shall cause to be
<br /> duly filed for record in the appropriate offices of the County in which the Property i�s located;and.
<br /> (d1 With respect to aJl or any part of the Personal Property,Lender shall have all the Yighfs and remedies
<br /> of a secured party under the Nebraska Uniform Commercial Code.
<br /> Foreclosure by Power of Sale. If Lender elects to foreclose 6y exercise of the Power of Sale herein contained,
<br /> Lender shall notity Trustee and shall deposit with Trustee this Deed of Trust and the Note and such receipts
<br /> and evidence of expenditures made and secured by this Deed of Trust as Trustee may require.
<br /> (a) Upon receipt of such notice from Lender,Trustee shall cause to be recorded,published and delivered
<br /> to Trustor such Notice of Default and Notice of Sale as then requi�ed by law and by this Deed of Trust.
<br /> Trustee shall, without demand on Trustor, after such time as may then be required by law and after
<br /> recordation of such Notice of Default and after Notice of Sale having been given as required by law,sell
<br /> the Property at the time and place of sale fixed by it in such Notice of Sale, either as a whole, or in
<br /> separate lots or pareels or items as Trustee shalf deem expedieny and in such order as it may determine;
<br /> at public auction to the highest bidder for cash in lawful money of the United States paya6le at the time
<br /> of sale. Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient deed or
<br /> deeds corrveying the property so sold, but without any covenani or warranty,express or implied. The
<br /> recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any
<br /> person,including without limitation Trustor,Trustee,or Lender,may purchase at such sale.
<br /> (b) As may be permitted by law, aRer deducting all costs, fees a�d expenses of Trustee and of this
<br /> Trust,including costs of evidence of title in connection with sale,Trustee shall apply the proceeds of sale
<br /> to payment of (i)all sums expended under the terms of this Deed of Trust or under the terms of the Note
<br /> not then repaid, including but not limited to accrued interest and late charges, t��) all other sums then
<br /> secured hereby,and (iii)the remainder,ifi any,to the person or persons legally entitled thereto.
<br /> (c} Trustee may in the manner provided by law postpone sale of all or any portion of the Property.
<br /> Remedies 9Vot Exclusive. Trustee and Lender, and each of them, shall be entitled to enforce payment a�d
<br /> performance of any indetitedness or obligations secured by this Deed of Trust and to exercise all rights and powers
<br /> under this Deed of Trust; und�er the Note, under any of the Related Documents,or under any other agreement or
<br /> any laws now or hereafter in force;notwithstanding,some or all of such indebtedness and obligations secured by
<br /> this Deed of Trust may now or hereafter be otherwise secured,whether by mortgage,deed of trust,pledge, lien,
<br /> assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement; whether by court
<br /> action or pursuant to the power of sale or other powers contained in this Qeed of Trust,shall prejudice or in any
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