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201200746
<br /> DEED OF TRUST
<br /> Loan No: 8'i000034 (Continued) Rage 5
<br /> Death or Insolvency. The death of Borrower or Trustor,the insolvency of Borrower or Trustor,the appointment of
<br /> a receiver for any part of Borrower's or Trustor's property,any assignment for the 6enefit of creditors,any type of
<br /> creditor workout,or the commencement of any proceeding under any bankruptcy or insolvency laws bV or against
<br /> Borrower or Trustor.
<br /> Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeitute proceedings, whether by judicial
<br /> proceeding, self-help, repossession or any other�method, by any creditor of Borrower or Trustor or by any
<br /> governmental agency against any property securing ihe Indebtedness_ This includes a garnishment of any of
<br /> Borrower's or Trustor's accounts, induding deposit accounts,with Lender. However,tliis Event of Default shall
<br /> not apply if there is a good faith dispute by Borrower or Trustor as to the validity or reasonableness of the claim
<br /> which is the basis of the creditor or forfeiture proceeding and if Borrower or Trustor gives Lender written notice of
<br /> the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture
<br /> proceeding,.in an amount determined by Lender,in its sole discretion,as being an adequate reserve or bond for the
<br /> dispute.
<br /> Breach of Other Ag�eement. Any breach by Borrower or Trustor under the terms of any other agreement between
<br /> Borrower or Trustor and Lender that is not remedied within any gtace period provided therein, including without
<br /> limitation any agreement concerning any indebtedness or other obligation of Borrower or Trustor to Lender,
<br /> whether 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 liability under, any Guaranty of the
<br /> Indebtedness.
<br /> Adverse Change. A material adverse change occurs in Borrower's or Trustor's financial condiiion, or Lender �
<br /> . believes the prospect of payment or performance of the Indebtedness is impaired.
<br /> Insecurity. Lender in good faith believes itself insecure.
<br /> RIGHTS AND REMEDIES ON�EFAULT. 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 ofi the 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�hereby,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 or protest of any kind.
<br /> 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,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 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 coilect the
<br /> rents, issues and profits of the PropeiYy,including those past due�and unpaid,and apply the same,less
<br /> costs and expenses of operation and collection attorneys'tees,to any indebtedness secured by this Deed
<br /> of Trust, allin such order as Lender may determine. The entering upo�n and taking possession ofi the
<br /> Property, the collection of such reMS, issues and profits, and the application tMereof shall not cure or
<br /> waive any default or notice of default undee 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 Related 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 mortgage,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 noti�ce Trustee shaJl cause to 6e
<br /> duly filed for record in ihe 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 /> Foredosure by Power of Sale. If Lender elects to foreclose by exercise of the Power of Sale herein comained,
<br /> Lender shall notify 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 Defauit and Notice of Sale as then required tiy law and by�this Deed of Trust.
<br /> Trustee shall, without demand on Trustor, after such time as may then 6e required by law and after
<br /> recordation of such Notice of Default and after Notice of Sale having been given as requiretl by law,sell
<br /> the Property at the time and place ofi 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 detetmine,
<br /> at public auction to the highest bidder for casn in lawful money of the United States�payable at the time
<br /> of sale. Trustee shall deliver to such purohaser 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 tha vuihfulness thereof. Any
<br /> person,induding without limitation Trustor,Trustee,or Lender,may purchase at such�sale.
<br /> (b) As may be permitted by law, after deducting afl 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)all sums expended under the terms of this Deed of Trust or under ihe 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 tiii)the remainder,if any,to the person or persons legalty 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 E�cclusive. Trustee and Lender, and each of them, shall be entitled to enforce payment and
<br /> performance of any indebtedness or obligaYions secured by this Deed of Trust and to exercise afl 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 /> 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 Deed o6 Trust,shall prejudice or in any
<br /> manner affect Trustee's or Lender's right to realize upon or enforce any other security now or hereafher held by
<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 security now or hereafter held by Lender or Trustee in such order a�d manner as they or �
<br /> either of them may in their absolute discretion determine. No remedy conferred upon or reserved to Trustee or
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