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201109750
<br /> DEED OF TRUST �
<br /> Loan No: 10000931 (Co11ti11UeC!) Page 5
<br /> commencement of any proceeding under any bankruptcy or insolvency laws by or against Trustor.
<br /> Taking of the Property. Any creditor or governmenYal agency tries to take any of the Property or any other of
<br /> Trustor's property in which Lender has a lien. This includes taking of, garnishing of or levying on Trustor's
<br /> accounts with Lender. However,if Trustor disputes in good faith whether the claim on which the taking of the
<br /> Property is based is valid or reasonable, and if Trustor gives Lender written notice of the claim and fumishes
<br /> Lender with monies or a surety bond satisfactory to Lender to satisfy the claim,.then this default provision will not
<br /> apply.
<br /> Breach of Other Agreement. Any breach by Trustor under Yhe terms of any other agreement between Trustor anH
<br /> Lender that is not remedied within any grace period provided therein, including without limitation any agreemeot
<br /> concerning any indebtedness or other obligation of Trustor to Lender,whethee existing now or later.
<br /> Events AfFecting Guarantor. 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 Iiability under, any Guaranty of the
<br /> Indebtedness.
<br /> Insecurity. Lende�in good faith believes itself insecure.
<br /> Existing Indebtedness. The payment of any installment of pri�cipal 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 inde6tedness 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 /> Right to Cure. If any default,other than a default in paymen�t is curable and if Trustor has not been given a notice
<br /> of a breach of the same provision of this Deed of Trust within the preceding tweive(1 2)months,it may be cured if
<br /> Trustor,after Lender sends written notice to Trustor demanding cure of such default: (1) cures the default within
<br /> twenty (20) days; or (2) if the cure requires more than twenty (20) days, immediately initiates steps which
<br /> Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and
<br /> completes all reason�able and necessary steps sufficient to produce compliance as soon as reasonably practical.
<br /> RIGNTS AND REMEDIES ON DEFAULT. If an Event of Default occurs untler this Deed of Trust,at any time thereafter,
<br /> Trustee or Lender may exercise any one or more of the following rights and remedies:
<br /> Acceleration Upon Default;Additional Remedies. Ir'any Event of Defauli oecurs 9s per the terms of the Note
<br /> secured hereby,Lender may dedare all Indebtedness secured by this Deed of Trust to be due and payable and
<br /> the same shall thereupon become due and payable witliout any presentment,demand,protest or notice of any �
<br /> I<ind. 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 court and without regard to the adequacy of its security,ente�r upon and take possession
<br /> of the Property,or any part thereof,in its own name or in the name of Ttustee,and do any acts which it
<br /> deems necessary or desira6le to preserve the value,markefa6ility or rentability of the Property,or part of
<br /> the Property or interest in the Property;increase the income from the Property or protect the security of
<br /> the Property; and, with or wittiout taking possession of the Property, sue for or otherwise 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 attorneys'fees,to any indebtedness secured by this Deed
<br /> of Trust, all in such order as Lender may 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 o'F renTS, iss�es or profits,Trustee o�Lender shall
<br /> � be.entitled to exercise every right provided for in the Note or the Related Documents or by law upon the
<br /> occurrence of any event of defaulf,including the right to exercise the power o�P sale;
<br /> (b) Commence an action to foreciose this Deed of Trust as a mortgage,appoint a receiver or specifically
<br /> enforce any of the covenants hereof;and
<br /> (c) Deliver to Trustee a written decla.ration of default and demand for sale and a written notice of default
<br /> and election to cause Trustor's inrerest in the Proper[y fo be sold,which notice Trustee shall cause to be
<br /> duly filed fot 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 Personal 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 foredose by exercise of the Power of Sale herein contained,
<br /> Lender shall notify Trustee and shali 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 requlre.
<br /> (a] Upon receipt of such novice 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 law and by this Deed ofi Trust.
<br /> Trastee shall, without demand on Trustor, aiter such time as may then be required by law and after �
<br /> recordation of such Notice of Defauh and after Notice of Sale having 6een given as required by faw,sell
<br /> the Property at the time and place of sale fixed by it in such Notice of Sale, either as�a wliole,.or in
<br /> separate lofs or parcels or items as Trustee shall deem expedient,and in such order as it maY determine,
<br /> at pubiic auction to the highest bidder for cash in IawfW money of the United States payable at the time
<br /> of sale. Trustee shall deliver 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 deetl of any matters or facts shall be conclusive proof of the Truthfulness thereof. Any
<br /> person,indud'mg without limitation Trustor,Trustee,or Lender,may purchase at such sale.
<br /> (b) As may be permitted by law, after deducting all costs, fees and expenses of Trustee and of this
<br /> Trust,including costs of evidence of title in conne�ction wi#h sale,Trustee shali apply the proceeds of sale
<br /> to payment of Ii)all sums expended under the terms of this deed of Trust or under the terms of the Note
<br /> not then repaid,including 6ut not limited to accrued interest and late charges, (ii) all other 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 Exclusive. Trustee and Lender, and each of them, shall be entitled to enforce�payment and
<br /> performance of any indebtedness or obligations 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;notwithstanding,some or all of such indebtedness and obligations secured hy
<br /> this Deed of Trust may now or hereafiter be otherwise secured,whether by mortgage,deed of trust,pledge,lien,
<br /> . assignment or otherwise. Neither the accepiance of Yhis Deed of Trust nor its enforcement, whether by court
<br /> action or pursuant to the power of sale or other powers contai..ned in this Deed of Trust,shali prejudice or in any
<br /> manner affect Trustee's o�Lender's right to realize upon or enforce any other security now or hereafeer held by
<br /> Trustee or Lender,it being agreed that Trustee and Lender,and each of them,shall 6e entitled to enforce tfi.is Deed
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