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DEED OF TRUST � �� 2 p�. 7 6 7
<br />(Continued) Page 5
<br />Indebtedness.
<br />Insecurity. Lender in good faith believes itself insecure.
<br />Existing Indebtedness. The payment of any (nstallment of principal or any interest on the Existing Indebtedness is
<br />not made within the time requfred by the prom(ssory note evidencing such indebtedness, or a default occurs under
<br />the instrument securing such indebtedness and is not cured du�ing any applicable grace period in such instrument,
<br />or any suit or other acUon is commenced to foreclose any existing lien on the Properly.
<br />RIGHTS AND REMEDIES ON DEFAULT. If an Everrt of �Tault axurs under this Deed of Trust, at any Ume thereafter,
<br />Tn�stee or L�ender may exerdse any one or more of the following rights and remedies:
<br />Acceleratlon Upon Default; Addttional Remedies. If any Event of Default occurs as per the terms of the Note
<br />secxued hereby, Lerider may dedare all Indebtedness secured by this Deed of Tnast to be due arid payabte and
<br />the same shall thereupon become due and payable without any presentrnerrt, demand, protest or notfc�e of any
<br />kind. Thereafter, Lender may:
<br />(a) Either in person or b� a�ent� wi#h or without brtnging eny actlon or prooeeding, or by a reoeiver
<br />appoint�d by a cburt and without regard to the adequacy of its security, errter 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 />d� r�e,ssary or desirable to preserve the value, marketabflity or rentability of the Property, or part of
<br />the Properiy or interest in the Property; inaease the income from the Property or protect the security of
<br />the Properiy; and, with or without taking posse.ssion of the Property, sue for or othervvise collect the
<br />rents, issue,s and profits of the Property, induding those past due and unpaid, and apply the same, less
<br />c�sts and e�enses of operation and colledion attomeys' fces, to any indebtedness secured by this Deed
<br />of Trust, all in suc� order as Lender may determirte. Tt� errtering upon and taking possession of the
<br />Properly, the colledion of such rents, issues and proflts, and the applicatlon thereof shall not r,ure or
<br />waive any default or notice of default under this Deed of Trust or invalidate any ad done in respor�e to
<br />such default or pursuarrt to such notice of default; and, notwithstanding the wntlnuance in possession of
<br />the Property or the colledion, receipt and applic�tlon of rents, issues or profits, Tnistee or Lender shatl
<br />be entlUed to exerdse every right provided for in the Note or the Related Documer�Ts or by law upon the
<br />occurrenoe of any everrt of default, inGuding the right to exerdse the power of sale;
<br />(b) Commence an adion to foreclose this Deed of Trust as a mortgage, appoirrt a r�cefver or speGficaliy
<br />enforc�e any of the c�venarrts hereof; and
<br />(c) Deliver to Trustee a written dedaratlon of detault ar� derrrand for sate and a written notice of default
<br />and elecUon to cause Tnastor's interest in the Property to be sold which notice Trustee shall cause to be
<br />duly fil� for record in the appropriate offic�s of the CouMy in which the Property is located; and
<br />(cp With r�e,sped to all or any part of the P�sor�a! Property, Lender shall have all the rights and rerriedies
<br />of a sea�red party under the Nebraska Uniform Commerdal Code.
<br />Foreclosure by Power of Sale. If Lender etects to foreclose by exercise of the Power of Sale t�nein coritafned,
<br />Lender shall notiTy Tn.istee and shall deposit with Trustee this Deed of Tn,ist and the Note and such receipts
<br />and evidence of expendftures made and secured by this Deed of Trust as Trustee may require.
<br />(a) Upon receipt of such notice from Lender, Trvstce shall cause to be recorded, published and delivered
<br />to Trustor such Notfce of Default and Notic� of Sate as then required by law arid by this Deed of Trust.
<br />Trustee shall, without d�nd on Trustor, after such tlme as may then be required by law and after
<br />�rdadon of such Notice of Default arxi afte� No�ce of Sa�e having been given as reqs�ired by law, sell
<br />the Property at the Ume and plaoe of sale flxed by it in such Notice of Sale, either � a whole,, or in
<br />separate lots or parcels or items as Tn.istee shall deern e�ient, and in suc� order � it may determine,
<br />at public auctlon to the highest bfdder for c�sh in lawful money of the United States payable at the Ume
<br />of sale. Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient deed or
<br />deeds �rneying the property so sotd, but without any covenarrt or wamanry, express or implied. The
<br />necitals in such deed of any matters or facts shall be condusive proof of the truthfulness thereof. Any
<br />person, induding without Ifmitation Trustor, Trustee, or Lender, may purchase at such sale.
<br />(b) As may be permitted by law, after deduding all costs, fees and expe� of Trustee ar�d of this
<br />Trust, inGuding costs of evidence of tiUe in connectlon with sale, Trustee shall apply the prooeeds of sale
<br />to paymerrt of (i) all sums e�ended under the terms of this Deed of Trust or under the terms of the Note
<br />not then repaid, inGuding but not limited to accxued interest and late charges, (ii) all other sums then
<br />secured hereby, and pfi) the remainder, if any, to the person or persons legally enUUed 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 />pertormance 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 by
<br />this Deed of Trust may now or hereafter be othervvise secured, whether by mortgage, deed of trust, pledge, Ilen,
<br />assignment or otherwise. Nefther the acceptance of this DPed of Trust nor its enforcement, whether by court
<br />action or pursuant to the power of sale or other powers contained in this Deed of Trust, shall prejudice or in any
<br />manner affect Trustee's or Lender's rtght to realize upon or enforce any other security now or hereafter 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 Tn.rst 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 discretion 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, but
<br />each shall be cumulative and shall be in addition to every other remedy gNen 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 entitled, may be exercised,
<br />concurrently or independently, from time to.;time and as uften 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 es
<br />prohibiting Lender from seeking a deflciency judgment against the Trustor to the extent such actlon is permitted by
<br />law,
<br />ElecUon of Remedies. Ail of Lender's rights and rerr�dies will be cumulaUve and may be exerdsed alo� or
<br />together. If Lender deddes to spend money or to pertorm any of Trustor's obligations under this Deed of Trust,
<br />• after TrustoPs failure to do so, that decision by Lender wfll not affect Lender's right to deGare Trustor in default
<br />arM to exerdse Lender's remedies.
<br />Request for Notice. Trustor, on behalf 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 the addresses set forth in the flrst
<br />paragraph of this Dced of Trust.
<br />Attomeys' Fees; Expenses. If Lender institutes any suft or ac�ion to enforce any of the terms of this Deed of
<br />Trust, Lender shall be entitled to r�ver such sum as the court may adjudge r�easormble � attomeys' fees at trial
<br />and upon any appeal. Whether or not any court adion is involved, and to the extent not prohibited by law, all
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