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��120592�
<br />DEED OF TRIJST
<br />{Continued} Page 5
<br />ooncaming any indebtedness or other oblfgation of Trustor to Lender, whether exisdng now or later.
<br />Eventa Affecting Quarernor. Any of the preceding events 000urs with respect to any guerarrtor, endorser, surety,
<br />or accommodation party of any of the Indabtednesa or eny guaranior, endorser, surety, or accommodatlon perty
<br />dles or becomes incompetent, or revokes or disputes the validity of, or liability under, any Quara�ty of the
<br />Indebtednesa.
<br />Adverse Change. A material adverse ohange occura in Trustor's financlal conditlon, o� Lender believes the
<br />prospect of paymeM or performence of ths Indebtedness is impaired.
<br />Insecurity. Lender in good faith belleves itself insecure.
<br />Right to Cure. If any defauit, other than e default in payment ts curable and if Trustor hae rrot been given a notioe
<br />of a breach of the same provision of thie Dead of 7rust within the preceding twelve ►12) moMha, It may be oured if
<br />7rustor, after Lender senda wr(tten notice to 7rusmr demanding cure of suah default: 111 cures the default withln
<br />twenty (201 days; or (2! if the cure requf�es more than twenty (20) days, immediatefy initiates steps which
<br />Lertder deems in Lender's sole diacretion to be sufficlent to cure the default end thereafter continues end
<br />completes all reasonable end neceasery atepe eufficient to produce campliance as aoon es reasonably practicel.
<br />RI�HT3 AND REME�[ES ON DEFAULT. If an Event of Default occurs under this Deed of Trust, at anY time thereafter,
<br />Truatee or Lender may exercise any one or mora of the following rights and remedies:
<br />Acceleratlon Upon Default; AddiUllonal Remedies. If any Event of Defeult occurs as per the tertns of the Note
<br />secured hereby, Lender mey declare alf Indebtedness secured by this Deed of Trust to be due and payable and
<br />the sama shelf thereupon become dua end payab[e wtthout eny presentment, demantl, proteat or notice of any
<br />kind. Thereafter, Lender may:
<br />(a1 Either 1n person or by agent, with or wlthout bringing any action or proceeding, or by a receiver
<br />appointed by a court and without regard to the edequacy of tts seounty, enter upon and take posaeasion
<br />of the Property, or any part thereof, in ita own name or in the name of 7rustee, and do any aots whioh it
<br />deems necessary or desirable to preaerve the value, merketability or reMebfllty of the Propern/, or part of
<br />the Property or inter�t in the P�operiy; increase the inoome from the Properry or proteot the security of
<br />the Property; and, whh or whhout taking possessEon of the Property, sue for or oYherwiae coltect the
<br />rents, lssues and profits of the Propert}r, lncluding those past due and unpeid, and appty the same, leas
<br />costs and axpanses of operation end coUection attomeys' faes, to any indebtedness aeaured by thls Deed
<br />of Trust, all in suoh ord�r as Lander may determine. The entering upon end taWng posseasion of the
<br />Properry, the coAeotlon of suah rer�ts, issuea and profits, and the application thereof shalt not aure or
<br />wafve any default or notloe of default under t�tia Deed of Trust or tnveUdate any act done ln response to
<br />such default or pursuant to such notice of default; and, notwithetending the cantlnuance in poasesslon of
<br />the Propsrry or the collection, receipt and application of rents, iesues or proflta, 7rustee or Lender shell
<br />be entltled to exerclse every right provided for in the Note or the Related Documents or by lew upon the
<br />occurrence of any event of dafault, including the right to exercise the power of sale;
<br />(b) Commenoe an eation to foreclose this Deed of Trust as a mortgage, appoEnt a recetver or specifically
<br />enforce any of the covenac�ts hereof; and
<br />(c1 Deliver to Trustee a wrltten declaration of default and demand for sale and a wrhten notice of defauN
<br />and election to ceuse Trustor's inte�est in the Property to be sold, which nottce Truatee ahall cause to be
<br />duly flled for recflrd in the appropriate of(ices of the Courity in which the Property is loceted; and
<br />(d} With respect to all or artiy pert of the Personal Property, Lender shall have all the �ights and remedles
<br />of e seoured party under the IVeb�aska Uniform Comme�aial Code.
<br />Fareciosure by Power of Sale. It Lender elects to toreclose by exerclse of the Power of Sate herein contained,
<br />Lender shall notify Trustee and ahall deposit with Trustee this Deed of Truet and the IHote and such receipts
<br />and evidence of expenditures made mnd secured by thia Deed of Trust as Trustee may requfre.
<br />(al Upon receipt of such notice from Lendet, Trustee shall cause to be recorded, published end deltvered
<br />to Trustor such Notice of Default end Notlae of Sale as then requtred by .law end by thia Deed oP Trust.
<br />Trustee shall, withvut damand on 7rustor, after such time ae may then be required by law end aftsr
<br />recordatfon of such Notice of UefauR and after NoUae of Sale having been given as required by lew, sell
<br />the Property et the time end place of sele fixed by it in suoh Motice of Sele, either as e whole, or In
<br />aeparate lots or parcels or iteme ae Trustee shall deem expedlent, and in such order es it may determlrne,
<br />at public auctlon to the highest bidder fo� aash in lawful money of the Unfted States payable at the time
<br />of sele. Trustee shall dellver to such purchaser or purchASers thereof tts good and sufficieM deed or
<br />deeds conveying the property so sotd, but without any covenant or warranty, express or implied. The
<br />recitals in such deed of any matters or tects shell be conalusive proof of the truthfulnese thereof. Any
<br />peraon, including wlthout Iimitetion Trustor, Truetee, or Lender, may purchase at such sale. .
<br />(b! As may be permltted by law, after deducting all costs, fees and expenses of Tnrstee and of this
<br />Truai, including costs of evldence of title in connactio� with sale, Trustee shall epply the proceetls of se[e
<br />to payment of li) all eume expended under the terms of this Deed of Trust or under the tenna of the Note
<br />not then repaid, including but not Iimited to accrued intereat and late charges, Iii1 al! other eume then
<br />secured hereby, and ("ai) the remainder, if any, to the person or persone legalty entitled thereto.
<br />{c1 Truatee may in the mannar provided by law poatpone sele of all or any port+on ot the I'roperty.
<br />Ramedies Not Excluatve. Trustee and Lender, and eaoh of them, shall be entiUed to enfores payment and
<br />pertormance of eny indebtedness or obligationa secured by thfs Deed of Trusi and to exeroias all rights end powers
<br />under thls Deed of Tr�t, under the IVote, under any of the Related Documenta, or unde� any other agreement or
<br />any lawa now or hereafter in force; notwithstanding, some or ell of such Indebted�esa and obligations secured by
<br />this Deed of ?ruat may now or hereafter be otherwise secured; whether by mortgage, deed of truet, pledge, tien,
<br />assignment or otherwise. Neither the ecceptance of this Deed of Trust nor its enforcement, whether by aourt
<br />action or pursuant to the power of sale or other powera cahtalned tn this Deed of Truat, ahall prejudice or in eny
<br />manner affeot Trustee's o� Lender's right to reatize upon or enforce any other seaurity now or hereafter held by
<br />Truatee or Lender, it being ag►eed'that Trustae and Lender, and each of them, shall be enUtled to enforoe thie Deed
<br />of Truat and any other aecurity now or hereafter held by Lender or Trustee In such order and manner as they or
<br />either of them may in thelr absolute dlacretion determine. No remedy conferred upon or reserved to Trustee or
<br />lender, Is Intended M be exolusive of any other remedy in this deed of Trust or by law provided o� pennitted, but
<br />each shall be -cumulative and shell be in addition to every other remedy giveri in this Deed of Truat or now or
<br />hereaftar axisting at law or in aqulty or by statute. Every power or remedy g{ven by the Note or eny of ths Related
<br />Documents to Trustee or Lender or to which either of them mey be otherwise ernitled, may be exeroised,
<br />concurrenUy or independently, from time to time and as often as may be deamed expe�ent by Trustee or Lender,
<br />and eiti�er of them may pureue inconsistent �emediea. Nothing in this Deed of Truat shell be oonstrued as
<br />prohibit(ng Lender from seeWng a deficienoy judgment against the 7ruator to the extent suoh action Is permttted by
<br />lew. Election by Lender to pursue any temedy shall rrot exolude pu�auit of eny other remedy, and en election to
<br />make expendltures or to take ectlon to perform an obltgatlon of Trustor under thfs Deed of 7rust, after Truator's
<br />feilure to perform, shall not affeot Lender's right to declare a defeult and exercise ite remedies.
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