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20124341�
<br />- �' � � DEED OF TRUST
<br />Loan No: 11093543 (COntlnued) Page 5
<br />ExlsUng Indebtedness. The payment of any installment of principal 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 fndebtedness and is not cured during any appticable grace pe�iod in such instrument,
<br />or any suit or other action Is commenced to foreclose any existing lien on the Property.
<br />RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs wder this Deed of Trust, at any Ume thereafter,
<br />Trustes or Lender may exerc�se any one or more of the following rights and rerr�dies:
<br />Acceleratlon Upon Defauit; Addltlonal Remedies. If any Ever�t of Defauft ax.urs as per the tem�s of the Note
<br />secured hereby, Lender may dedare all Indebtedr�s secured by this Deed of Trust to be due and �yable arid
<br />the same shall thereupon become due and payabte without any pr�entrnerrt, demand, protest or notfce of any
<br />kind. Thereafter, Lerxier may:
<br />(a) Either in person or by ager�t, with or without b�inging any actlon or prooeeding, or by a r�iver
<br />appointed by a court and without regard to the adequacy of its securlty, enter upon and take possession
<br />of the Properly, or any part thereof, in its own narr� or in the narr� of Trustee, and do any ads which it
<br />deems neo�ssary or desirable to pre�rve the value, marketability or rentability of the Properly, or part of
<br />the Properiy or interest in the Propertq; incxea�e the incorr� from the Property or protect Yhe security of
<br />the Property; and, with or without taking posse.ssion of the Property, sue for or othervvise colled the
<br />rents, issues and profits of the Property, induding those past d� amd unpaid, and apply the same, less
<br />costs and e�erues of operaUon and colledion attomeys' fees, to any indebtedn� secured by this Deed
<br />of Trust, all in such order as Lender may determirie. The errtering upon and taking possession of the
<br />Property, the collecUon of such rents, issue,s and proflts, arid the applicatlon thereof shall not cure or
<br />waive any default or noUce of default under this Deed of Trust or invalldate any ad done in respor� to
<br />such defauit or pursuarrt to such noUce of default; and, notwithstanding the conUnuance in poss�ssion of
<br />the Property or the collecUon, rec�ipt and applicaUon of rents, issues or profits, Trustee or Lender shall
<br />be entitled to exercise every �ight provided for in the Note or the Related Documerrts or by law upon the
<br />axumen� of any everrt of default, induding the right to exercise the power of sale;
<br />(b) Commence an acUon to foredose this Dced of Trust as a mortgage, appoint a reoeiver or spec�fically
<br />enforce any of the covenar�ts hereof; and
<br />(c) Deliver to Trustee a written dedaratlon of default and d�nand for sale arid a wntten noUce of default
<br />and electlon to ca� Tn,istoPs interest in the Property to be sold, which noUce Trustee shall cause to be
<br />duly flled for r�rcJ in the appropriate offices of the County in which the Properly is located; and
<br />(� With re.spect to all or any part of the Persor�al Property, Lerider shall have all the rights and rerned'es
<br />of a secured party under the N�raska Uniform Comrnerdal Code.
<br />Foreclosure by Power oi Sale. If Lender eleds to fored�e by exerdse of the Power of Sale henefn cor�tained,
<br />Lender shall notify Trustee and shall deposft with Trustee this Deed of Trust and the Note and such recefpts
<br />and evidenoe of e�enditures made and �red by this Deed of Trust as Trustee may require.
<br />(a) Upon receipt of such no�ce from Lender, Trustee shall cause to be �ecorded, published and delivered
<br />to Tnistor suc� Notice of Default ar� Notice of Sale as then required by law and by this Deed of Trust.
<br />Trustee shall, without d�nd on Trustor, after such tlme as may then be required by law ar� after
<br />recordat(on of such Notice of Default and after No�ce of Sale having been given � required by law, sell
<br />the Property at the Ume and place of sale flxed by it in such Notice of Sale, either � a whole, or in
<br />separate lots or par�ls or ftems � Trustee shall deem expedierrt, and in such order as it may determine,
<br />at public auctlon to the highast bidder for c�sh in lawful morrey of the United States payabte at the time
<br />of sale. Trustee shall deliver to such purchaser or purchasers thereof its good arxi sufticient deed or
<br />deeds conveying the properiy so sold, but without arry covenarrt or warranty, express or implied. The
<br />recitals in such deed of any matters or facts shall be wndusive proof of the truthfulness thereof. Any
<br />person, induding without Iimitatfon Trustor, Trustee, or Lender, may purchase at such sale.
<br />(b) As may be permitted by law, after deductlng all costs, fees aMd e�er�ses of Trustee and of this
<br />Trust, induding costs of evidenoe of title in connecUon with sale, Trustee shatl apply the prooeeds of sale
<br />to paymerrt of (i) all sums e�ended under the tertns of this Deed of Trust or under the terms of the Note
<br />not then repaid, induding but not limfted to accxued irrterest and late charges, (ii) all other sums then
<br />secured hereby, and pii) the remainder, if any, to the person or persor�s legally entitled thereto.
<br />(c) Trustee may in the manner provided by law pos�one sale of all or any portion of the Property.
<br />Remedies Not Exclusive. Trustee and Lender, and each of them, shall be entitled to enfdree payment and
<br />performance of any indebtedness or obligations secured by this Deed of Tnrst and to exerGse all ►ights 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, lien,
<br />assignment or othervvise. Neither the acceptance of this Deed of Trust nor its enforcement, whether by court
<br />acUon 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 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 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 additlon 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 entitled, may be exercised,
<br />concurrently or independentiy, 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 deflciency judgment against the Trustor to the extent such action is permitted by
<br />law.
<br />Election of Remedies. All of Lender's rights and rerr�edies wfll be cumulaUve and may be exerdsed alone or
<br />together. If Lender deddes to spend money or to perform any of Trustor's obligaUons under this Deed of Trust,
<br />after TrustoPs failure to do so, that decision by Lender will not affect Lender's �ight to declare Trustor in default
<br />and to exercase 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 mailed to them at the addresses set forth in the first
<br />paragraph of this Deed of Trust.
<br />Attorneys' Fe�; Exper�. If Lender institutes any suft or actlon to enforce any of the terms of this Deed of
<br />Trust, Lender shall be entitled to n�ver such sum as the court may adjudge reasonable as attomeys' fees at trial
<br />and upon any appeal. VVhether or not any court adion is invoived, ar� to the extent not prohibfted by law, all
<br />reasorrable e�er�es Lender incurs that in Lender"s opinion are neoessary at any time for the protecUon of its
<br />interest or the enforcement of its rights shall be�ome a part of the Indebtedr�s payabte on demand and shall bear
<br />interest at the Note rate from the date of the e�e�re untll repaid. F�ense.s covered by this paragraph include,
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