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DEED OF TRUST
<br />(�ont�nued) � 012 0 2 3 9 5 Page 5
<br />Facisting Indebtedness. The payment of any installment of p�incipal 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 fnstrument securing such indebtedness 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 Ifen on the Property.
<br />RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default axurs under this Deed of Trust, at arry time thereafter,
<br />Trustee or Lerxler may exerd� any orie or rrrore of the fotlowing rights and r�nedies:
<br />Acceleratlon Upon Default; Additlonal Remedles. If any Everd of Default ocxwrs � per the terms of the Note
<br />secured hereby, Lender may dedare all Indebtedness aecured by this Deed of Trust to be due and payable and
<br />the same shall thereupon become due and payable without any presentrnerrt, demand, protest or noti� of any
<br />kfnd. Thereafter, Lender may.
<br />(a) Efther in person or by agent, with or without bringing any adion or prooeeding, or by a recefver
<br />appofnted by a court and without regard to the adequacy of its security, er�ter upon and take po�aession
<br />of the Property, or any part thereof, in its own name or in the narr� of Trustee, and dq any acts which it
<br />d� neoessary or desirable to preserve the value, marketability or rentability of the Properly, or part of
<br />the Property or interest in the Properly; inaease the income from the Property or protect the security of
<br />the Property; a�, with or without taking possession of the Property, sue for or othervvise collect the
<br />rents, issues and profits of the Property, including th�e past due and unpaid, and apply the same, le.ss
<br />costs and e�erues of operaYon and colledfon attomeys' fees, to arry ind�ness seaired by this Deed
<br />of Trust, all in such orcler as Lender may determfne. The errtertng upon and takfng posse.ssion of the
<br />Property, the c�llection of such rents, issue.s and profits, and the application thereof shall not cure or
<br />waive any default or notic�e of defauft under this Deed of Trust or irnalidate any act done in respor�se to
<br />such default or pursuant to suc� noUce of default; and, nofinrithstanding the conUnuan� in possession of
<br />the Property or the collectlon, r+eceipt ar�d applicaUon of rents, issues or proflts, Trustee or Lerxler shall
<br />be entitled to exeroise every �ight provided for in the Note or the Retated Dax�mer�ts or by law upon the
<br />oa;urrence of any everrt of default, induding the right to Pacerdse the power of sale;
<br />(b) Commen� an adion to foreclase this Deed of Trust as a mor�qage, appoirrt a recefver or speciflcally
<br />enforce arry of the covenants hereof; and
<br />(c) Deliver to Tn�stee a w�itten dedaradon of default and demand for sale and a written notice of default
<br />and elecUon to cause Trustor's interest in the Properly to be sold, which notic:e Trustee shall puse to be
<br />duly flled for �ecord in the appropriate offic�s of the County in which the Property is located; and
<br />(d) With re,spPCt to all or any part of the Personal Properly, Lender shall have all the rfghts and remedies
<br />of a secured party under the Nebraska Uniform Commerdal Code.
<br />Foreclosure by Power of Sale. If Ler�der elects to foreclase by exerdse of the Power of Sale herein contained,
<br />Lerxler shall notify Trustee and shall depos(t with Trustee this Deed of Trust and the Note and suc� rec:eipts
<br />and evidenoe of expenditur�es rr�de and secured by this Deed of Trust ag Trustee may require.
<br />(a) Upon rec�ipt of such noUce from Lerider, Trustee shall cause to be recorded, published and delivered
<br />to Trustor such Notice of Default arxi Notice of Sale � then required by law and by this Deed of Trust.
<br />Trustee shall, without demand on Trustor, after such tlme as may then be required by law and after
<br />recordatfon of such Notice of Deiault and after Noti� of Sale having been gNen ag required by law, sell
<br />the Properiy at the time and plaae of sale flxed by it in such Notice of Sale, either as a whole, or in
<br />separate, lots or parcels or items � Trustee shall de�n e�edierrt, and in such order as it rmay determine,
<br />at public audion to the highest bidder for c;ash in lawful money of the Unit� States payable at the time
<br />of sale. Trustee shall deliver to suc� purchaser or purchasers ther�f its good ar� sufficient deed or
<br />deeds corneying the property so sold, but without arry c�venaM or warranty, e�ress or implied. The
<br />recitals in such deed of any matters or facts shall be wndusive pr�f of the truthiulness 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 deduding all c�sts, fees and e�cper�es of Tn,istee and of this
<br />Trust, induding cbsts of evidenoe of title fn connectton with sale, Trustee shall apply the pra�eeds of sale
<br />to paymerrt of (t) all sums e�ended under the terms of this Deed of Trust or under the terms of the Note
<br />not then repaid, fnduding but not Iimtted to acx.rued interest and late c�arc,�es, (li) 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 />Remedtes 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 by
<br />this Deed of Trust may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, Ilen,
<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 of 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 hereafter held by
<br />Trustee or Lender, it being agreed that Tn.istee end Lender, and each of them, shall be entftled to enforc� this Deed
<br />of Trust 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 discretfon 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 addiUon 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 othervvise entitled, may be exercised,
<br />concurrently or independently, from time 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 seeking a deficiency judgment against the Trustor to the extent such action is permitted by
<br />law.
<br />Election of Remedies. All of Lender's rights and remedies will be cumutaUve and may be exerdsed alone or
<br />together. If Lender deddes to spend money or to pertorm any of Trustors obligatlons under this Deed of Trust,
<br />after Trustor's failure to do so, that decision by Ler�der wfll not affect Lender's right to deGare Trustor in default
<br />arrci to exerc�se Lenders 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 matled to them at the addresses set forth in the flrst
<br />paragraph of this Deed of Trust.
<br />Attomeys' Fees; Exper�. If Lerider institutes any suft or adion to enforoe arry of the terms of this Dced of
<br />Trust, Lerxier shall be entitled to necover suc� sum as the court may adjudge reasonab�e � attomeys' iees at trial
<br />and upon any appeal. VVhether or not any court adion is fnvolved, and to the extent not prohibited by law, all
<br />r�.sonable e�ense.s Lender incurs that in Lender's opinfon are �ary at any time for the protection of its
<br />interest or the enforc�merrt of its rights shall become a part of the Ind�tedne.ss payable on de.rr�and and shall bear
<br />interest at the Note rate from the date of the expenditure untll repaid. Exper�ses covered by this paragraph include,
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