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201200123
<br /> DEED OF TRUST
<br /> Loan No: 8102J5 (Continued) Page 5
<br /> sole discreYion,as being an adequate reserve or bond forthe dispuie.
<br /> Breaeh of Other Agreement. Any breach by Trustor under ihe terms o#any oYher agreement between Trustor and
<br /> Lender that is not remedied within any grace period provided therein, including without limitation any agreement
<br /> concerning any indebtedness or other obligation of Trustor to Lender,whether existing now oe later.
<br /> Events AfFecting Guarantor. Any of the preceding events occurs with respect to any guarantor,endorser,surety,
<br /> or accommodation�arty of any of the Indebtedness or any guarantor, endorser,surety,or accommodation party
<br /> dies or becomes incompetent, or revolces or disputes the validity of, or liability under, any Guaren'ty 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 performance of the Indebtedness is impeired.
<br /> Insecurity. Lender in good faith believes itself insecure.
<br /> RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under thfs 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;Addifional Remedies. If any Everrt of Default occurs as per The terms of the Note
<br /> secured hereby,Lender may declare all Indebtedness secured by this Deed of Trust to be due and paya6le 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 tiy agent, with or withoui bringing any action pr proceeding, or by a receiver
<br /> appointed by a court and without regard to the adequacy ofi 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�.�alue,marketability or rentabiliry 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 without 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 opera#ion and collection attorneys'fees,to any indebtedness secured by this Deed
<br /> of Trust, all in such order as Lentler may defermine. The entering upon and talcing 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 inval�idafe any act done in response to
<br /> such default or pursuant to such notice of default;and,notwithstanding the continuance in possession.of
<br /> Fhe Property or ihe 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 Related Documents or by law upon the
<br /> . occurrence of any event of defaWt,including the right to exercise the power of sale;
<br /> @) Commence an action to Eoreclose this Deed of Trust as a mortgage,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 m cause Trustor's interest in the Property to be sold,which notice Trustee shall.cause to be
<br /> duly filed for record in the appYOpriate 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 shall deposit with Trostee 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,pu6lished 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 shali, without demand on Trusmr, aFer such time as may then be required 6y 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 hy it in such Notice of Sale, either as a whole, or in
<br /> separate lots or parcels or items as Trustee shail deem e�edient,and in such order as it may determine,
<br /> at public auction to the hfghest bidder for cash in lawful money of the United States payable at the time
<br /> of sale. Trustee shali deliver to su:ch purchasec 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 condusive proof of the truthfulness thereof. Any
<br /> person,including withaut limitation Trustor,Trustee,or Lender,may purchase at such sale.
<br /> (b) As may be permitted by Iaw, after deducting all costs, fees and 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)afl 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, (ii) all other sums then
<br /> secured hereby,and (iii)the remainder,ii 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 m enforce payment and
<br /> performance of any indeStetlness ot obligations secured by this Deed of Trust and to exercise ali 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 by
<br /> this Deed of Trust may now or hereafter be otherwise secured,whether by mortgage,deed of trust,pledge,.lien,
<br /> assignmen[or otherwise. Neither the acceptance of this Deed oF Trust nor its enforcement,whether 6y court
<br /> action or pursuant to the power of sale or other powers contained in this Deed of Trust,sh811 prejudice or in any �
<br /> manner affect Trustee's or Lender's right to realize upon or enforce any other security now or hereafter held by
<br /> Trustee or Lender,i�t being agreed that Trustee and Lender,and each of them,shall be entitled to enforce this Deed
<br /> of T�ust and any other security now or hereafter held by Lender or Trustee in such order and manner as they or
<br /> either of them may in their absolute tliscretion determine. No remedy conferred upon or reserved to Trustee or
<br /> Lender,is intended to be exclusive of any other remedy in this Deed of Trust or by law provided or permitted,6ut
<br /> each shall be cumulative and shall be in addition to every other 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 Related
<br /> Documents to Trustee or Lender or to which either of them may be otherwise eMitled, may be exercised,
<br /> concurrently ot independently,from time to time and as ofien as may be deemed expedient by Trustee or Lender,
<br /> and either of them may pursoe inconsistent remedies. Nothing in this 6eed of Trust shall 6e construed as
<br /> prohibiting Lender from seeking a deficiency judgment against the Trustor to the eatent 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 /> mal<e expenditures or to take action to perform an obiigation of Trustor under this Deed of Trust, afiter Trustor's
<br /> failure io perform,shall not affect Lender's right To declare a default and exercise its remedies.
<br /> Request for Notice. Trustor,on tiehalf of Trustor and Lender,hereby requests that a copy of any Notice of Default
<br /> and a copy of any Notice of Sale under this Deed of Trust be mailed to them at che addresses set forth in the first
<br /> paragraph of this Deed of Trust.
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