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201109707
<br /> DEED OF TRl7ST
<br /> Loan No; $10281 (COntinUed) Page 5
<br /> Lender monies or a surety bond for the creditor or forfeiture proceeding,in an amount determined by Lender,in its
<br /> sole discretion,as being an adequate reserve or bond torthe 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 /> . conceming any indebiedness or other obligation of Trustor to Lender,whether existing now or later.
<br /> Events AfFecting Guarantor. Any of the preceding events occurs with respecf to any guarantor,endorser,surety,
<br /> or accommodation party of any of the indebtedness or any guarantor, endorser,surety, or accommodatior.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 believes the
<br /> prospect of payment or performanee of the Indebte�dness is impalred.
<br /> Insecurity. Lender in good faith believes itself insecure. .
<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 fhe following rights and remedies:
<br /> Acceleration Upon Default;Additional Remedies. If any Event of Default occurs as per the terms of the Note
<br /> secured here6y,Lender may declare all Indebtedness 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 6ringing any action or proceeding, or by a receiver
<br /> � appointed by a.court and without regard to the adequacy of its security,enter apon and take possession
<br /> of the Property,or any parc 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 interest in the Properry;increase the income from the Property or protect.ihe security of
<br /> the Property; and, with or without taking possession of the Property, sue for or otherwise collect the
<br /> reMS,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 attorneys'fees,to any indetrtedness secured by this Deed
<br /> of Trust, allin such order as Lender may determine. The entering upon and taking possession of the
<br /> Property, ihe 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 sucli notice of default;and,notwithstanding the continuance in possession of
<br /> the Property ot the collecYion,.receipt and application of rents,issues or profits,Trustee or Lender shall
<br /> 6e entitled to exercise every right provided for in the No2e or the Related Documents or byiaw upon the
<br /> occurrence oF any event of default,including the right to exercise the power of sale;
<br /> (b) Gommence an action to foreclose this Deed of Trust as a martgage,appoint a receiver or specifically
<br /> enforce any of the covenants hereof;and �
<br /> (c) Deliver to Trustee a written declaration of default and demand for sale and a written notice of default
<br /> and election to cause Trustor'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 is located;and
<br /> (d) With respect to all or any part of the Perso�al Property,Lender shall have all the rights and remedies
<br /> of a secured party under the Nebraska Uniform Commercial Code.
<br /> Foreclosure by Power of Sale. If Lender elects to foreclose by exercise of the Power of Sale herein contained,
<br /> Lender shall notify Trustee and shall deposit with Trustee this Deed of Trust and the Note and such receioYs
<br /> and evidence of expenditures made and secured by+.his 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 required by!aw 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 parcels or items as Trustee shall deem expedient,and in such order as it may determine,
<br /> at public aucYion to tF�e highest bidder for cash in lawful money of the United States payable at the time
<br /> of sale. Trustee shall del"tver to such purchaser or purchasers thereof its good and sufficient deed or
<br /> deeds conveying the property so sold, but without any covenant 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 limitati�on Trustor,Trustee,or Lender,may purchase at such sale.
<br /> (bl As may be permi'tted by la�v, after deducting all costs, fees and expenses of Trustee and of this
<br /> Trust,including costs of evidence of title i.n connection with sale,TruStee shall apply the proceeds of sale
<br /> tc payment of (i)all sums expended untler the terms of this Deed of Trust or under the terms of the Note
<br /> not then repaid, incluoing but not limited to accrued interest and late charges,. (ii) all oiher sums then
<br /> secured hereby,and �iii)the remainder,if 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 Not ExcWsive. Trustee and Lentler, and each of them, shall be entitled to enforce payment and
<br /> performance of any indebtedness or o6ligations secured by this Deed of Trust and to exercise all rights and powers
<br /> under this Deed of Trust,under the Note,under any of the Related Documents, or under any other agreement or
<br /> any laws now or hereafter in force;notwittistanding,some or all of such indebtedness and obllgations secured by
<br /> this Deed of Trust may now or Nereafter 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 thi5 Deed of Trust,shafl prejudice or in any
<br /> � manner afifect Trustee's or Lender's right to realize upon or enforce any other security now or hereafter held 6y
<br /> Trustee or Lender,it being agreed that Trustee and Lender,.and each of them,shall be entitled to enforce this Deed
<br /> of Trust and any other secarity now or hereafter held by Lender or Trustee in such order and manner as they or
<br /> either of them may in their absolute discretion determine. No remedy conferred upon or reserved to Trustee or
<br /> Lender,is intended to be exdusive of any other remedy in this Deed of Trust or by law provided or permitted,but
<br /> � each shall be cumulative and shall be in addition to every otlier remedy given in this Deed of Trust or now or
<br /> hereafter existing at law or in equity or by statute. Every power or remedy given by the Note or any of the Rela2ed
<br /> Documents to Trustee Or Lender or to which either of them may be otherwise entitled, may be exercised,
<br /> concurrentiy or fndependently,from iime to time and as often as may be deemed expedient by Trustee or Lender,
<br /> and either of them may pursue inconsistent remedies. Nothing in this Deed of Trust shall be construed as
<br /> prohibiting Lender from seel<ing a deficiency judgment against the Trustor to the extent such action is permitted.by
<br /> law. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to
<br /> make expenditures or to take action to perForm an obligation of Trustor under this Deed of Trust, after Trustor's
<br /> faiWre to perform,shall not affect Lender's right to declare a default and exercise its remedies.
<br /> Request for Notice. T�ustor,on behalf of Trustor and Lender,herehy requests that a copy of any Notice of Default
<br /> and a copy of any Notice of Sale under this Deed ofi Trusi be mailed to them at the add�esses set forth in the first
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