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201206066
<br /> DEED OF TRUST
<br /> Loan No: 81000950 (COntinued) Page �
<br /> concerning any indebtedness or other obligation of Trustor to Lender, whether existing now or fater.
<br /> Events Afifecting Guarantor. Any of the preceding events occurs with respect to any guarantor,. endorser, surety,
<br /> or accommodation. party of any of the lndebtedness or any guarantor, endorser, surety, or accommodaYion party
<br /> dies or becomes incompetent, or revoices or disputes the validity of, or liability under, any Guaranty ofi the
<br /> Indebtedness.
<br /> Adverse Change. A material adverse change occurs in Trustor's financial condition, or Lender bel�ieves the
<br /> prospect of payment or performance of the Indebtedness is Smpaired.
<br /> Insecurity. Lender in good fiaith believes itself insecure.
<br /> RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed ofi Trust, at any ti'me thereafter,
<br /> Trustee or Lender may exercise any one or more of the following rignts and remedies:
<br /> Acceleration Upon Default; Additional Remedies, If any Event of Default occurs as per the terms ofi the Note
<br /> secured hereby, Lender may dedare ail Indebtedness�secured by this Deed of Trust to be due and..payabl:e and
<br /> the same shall thereupon.become due and payable without any presentment, demand, protest or noTice of any
<br /> I<ind. Thereafter, Lender may:� �
<br /> (a) Either i�n person or by agent, with or without bringing any action or proceeding, or by a receiver
<br /> appointed by a couri and without regard to the adequacy of its security, enter upon and take possession
<br /> of�tne Property, or any part thereof, in its own name or in tne 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 P�operty or interest in the Property; increase the i:ncome from ihe Property or protect the security of
<br /> the Property; and,. with or without taking possession ofi the Property, sue for or otherwise collect the
<br /> rents, issues and profits of the Property, including those past due and unpaid, and apply the same, less
<br /> costs and expenses ofi operation and collecYion attorneys' fiees, to any indebtedness secured by this Deed
<br /> of Trus'C, all in such order as LendeY mey determine. The enteri.ng upon and� taking possession of the
<br /> Property, the collection of such rents, issues and profiits, and the application thereof shall not cure or
<br /> waive any default or notice of defau.it under this �eed of Ttust or invalidate any act done in response to
<br /> such defiault or pursuant to such notice ofi defiault; and, notwithstanding the continuance in possession of
<br /> the Property or the collection, receipt and application of rents, issues or profits, Trustee or Lender shal! �
<br /> be entitled to exercise every righf provided for in the Note�or the Related Documents or by law upon the
<br /> occurrence of any event ofi default; including the right to zxercise tfie power of sale;
<br /> (b) Commence an action to foreclose this i7eed of Trust as a mortgage, appoint a receiver or specifically
<br /> enforce any of the covenants hereof; and
<br /> (c) Deliver io Trustee a written declaration of default and demand for sale and a written notice of defiault
<br /> and election to cause Trustor's interest in the Property to be sold, whi��ch notice Trustee shall cause to be
<br /> duly filed for record in the appropri�ate offices of the County in which the Property is located; and
<br /> (d�) With respect to all or any p.art of the Personal Property, Lender shaii have ail the rights and remedies
<br /> of a secured party under the Nebreska Unifiorm Commercial Code..
<br /> Foreclosure by Power of Sale_ Ifi Lender elects to foreclose by exercise of the Power ofi Sale herein contained,
<br /> Lender shall notify Trustee and shall deposft with Trustee this Deed ofi Trust and tne Note and such recePpts
<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 deiivered
<br /> to Trustor such Notice of Default and NoYice of Sale as then required by law and by this Deeu' ofi Trust.
<br /> Trustee shall, without demand on Trustor, afiter such time as may then be required by law and after
<br /> recordation ofi such Notice of Default and after Notice of Saie having been given as required by law, seii.
<br /> the Property at the time and place of sale fixed by it in such Notice of Saie, 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 determine,
<br /> at public auction to the highest bidder fior cash in lawfui money of the Uniied States payabfe at the time
<br /> of sale. Trustee shall deliver to such purchaser 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 /> recitais in such deed of any matters or facts sf�ali 6e condusive proofi of the truthfulness thereof. Any
<br /> p�rson, including without limitation Trustor,Trustee, or Lender, may purchase at sucn sale.
<br /> (b) As may be permitted by faw, after deducting all costs, fiees a�d expenses of Trustee and of Yhis
<br /> Trust, including costs of evidence of title in connection witn sale,Ttustee shall apply the proceeds ofi sale
<br /> to payment of (i) all sums expended under the terms of this Deed of Trust or under the terms of the Note
<br /> not then repaici, including but not limited to accrued interest and late cfiarges, (ii) all other sums then
<br /> secured hereby, and {iii) tne remainder, if any,to the person or persons legally entitled thereto.
<br /> (c) Trustee may in�the manner provided by law postpone sale af 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 /> performance of any i.ndebtedness or obligations secured'oy 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 6y
<br /> this Deed of Trust may now or hereafter be otherwise secured, whether by mort9age, deed of trust, pledge, lien,
<br /> assignment or otherwise. Neither the acceptance of tfiis Deed of Trust nor its enforcement, whether by court
<br /> action or pursuant Yo 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 /> Trusiee or Lender, it being agreed that Trustee and Lender, and each of them, shall be entitled to enforce this Deed
<br /> ofi Trust and any otner security now or hereafter held by Lender or Trustee in such order and manner as they ar
<br /> either of them may in ttteir 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 permi�tted, but
<br /> each shall be cumufative and shall be in addition 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 rem�edy given 6y the Note or any ofi the Related
<br /> Documents to Trusiee or Lender or to which either of them rnay be otnerwise 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 tnis Deed of Trust shatl be construed as
<br /> prohibiting Lender from seeking a deficiency judgment against the Trustor to the extent such action is permitted by
<br /> law. Eleciion by Lendet to pursue any remedy shall not exclude pursu�it of any other remedy, and an election to
<br /> make expenditures or to take action to perform an obli�gation of Trustor under this Deed of Trust, after Trustor's
<br /> feiFure to perform,shall not afifect Lender's right Yo declare a default and exercise its remedies.
<br /> . Request#or Notice. Trustor, on behalf of Trustor and Lender, hereby requests that a copy of any Notice ofi DefauiY
<br /> and a copy o#any Notice of Sale under this Deed of Trust be mailed to them at ihe addresses set forth in the first
<br /> paragraph of tnis Deed ofi Trust.
<br /> Attorneys' Fees; F�cpenses_ If Lender institutes any suit or action. to enfiorce any of the teems of this Deed ofi
<br /> TrusY, Lender shail be entitled to recover such sum as the court may adjudge reasonabie as at[orneys` fees at zrial
<br /> and upon any appeal. Whether or not any court action is involved, and to the extent not prohibited i�y taw, all
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