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<br /> DEED OF TRUST
<br /> Loan Nov 81001024 (GarYfirlu8d) Page 5
<br /> Breach oE Other Agreemerrt. Any breach by Trustor under the terms of any other agreement bstween Tr�stor and
<br /> Lender that is nat remedied within any grace perEpd provided Yher�in, inCluding without limitation any agreemer�t
<br /> coneerning any indebtedness or ather ob[Pgation of Trustor ta Lender;whether ex3sting now er[ater.
<br /> Events Affecting Guarantor. Rny af the preceding events occurs with respact to any Guarantor o€any of the
<br /> 9ndebtedness or any Guaran2or dEes or becomes i�competent, or revokes �r disputes the va[Ptlity of,,or liability
<br /> under,any Goaranty af the Indebtedness.
<br /> Adv�rse Change. A material adverse change tlCCurs in 7rustor`s financiaE condition, or Lender 6elieves the
<br /> prospect of paymenY or performance ofi the[ndebtedness is impaired.
<br /> 1ns�currty. Lender in good faith beiteves itself insecure.
<br /> R1C,1-IT3 AND REMEDIES dN DEFAULT. If an Event of Default occurs under Yhis beed ofi 7rust,at any time thereafter,
<br /> Trustee or Lender may exercise any one or more of the fallowing rights and remedies:
<br /> .4cceleration ltpon Clzfault;Additional Remedies_ If any Event of Oefavit accurs as per the terms nf'The Note
<br /> securec�hereby,Lender may dec[are all Indebtedness secured by this Deed of Trusi ta 6e due and payatile and
<br /> the s�ame sYrall thereupon became due and payabl�vvithou'C any presentmenC,demaYlH,pYotest or notice of any
<br /> kinii. Theeeaftee,Lender may:
<br /> (a) Either in per5on or by ag�±C�Y, with or wiihoe�t bringing arty action or proeeeding, ar 6y a receiver
<br /> appointed by a court and uriihout regard m the adequaay of lts security,enter upon and take possession
<br /> of the Pt'nperty,ar dny p2rt th8re0f,in its ow�name ar in the name of Trustee,and do any cts which it
<br /> deems necessary or desirable io preserve the value,marketability or rentabiliYy of the Pro ar part crf
<br /> the ProperEy nr irrter�st in the Property;increase the income firam the Proparty or pro i the eeurity ofi
<br /> the Ptoperty; a�d, witf�or without faking possession of the Property, sue for orf�e e colfect the
<br /> rents,issues and proPits of the Properry,inc]vd�ng those pa5t due and unpaid,an(a�11y the same,less
<br /> costs and expenses of aperation and coliectlon atforneys`fees,to any indebted 1ec�red by this 6eed
<br /> of 7rust, alP In such order as Lender may det�rmine. 7(re entering upon�����9 pnssession ofi the
<br /> Property,the collection of s�ch rents, issaes and pmfits, and The appl� o thereof shall not cure or
<br /> waive any defaulY or notice of default under this Cleed df 7rust or inva ete y aet done in response to
<br /> sucfi deiau[t or pursuant to such notice of default;and,notwithstandin�continuanc�in possession of
<br /> �the Property ar the collection,receipt and app[ication o'f rents, issves or prof"rts,Trusiee or Lende€shall
<br /> be entitled to exercfse every righi provided fior in the Note or the e(ated qoc�cments or by law upon the
<br /> accurrence of any event oF default,including tha rlght to e er pawer af sale;
<br /> (b) Corrimenae an action Yo forecloee this�eed af Trust as��rtgage,appoint a receiver or specifically
<br /> enforce 9ny of Yhe covenants hereof;and.
<br /> (c) 6eliver tQ Trustee a v✓ritten declaration af defaul a- demand for sale and a written not'ree of default
<br /> and election to cause Trustor's inYerest in the Pr o be snld,which notfce Trustee shall cause to 6e
<br /> duly fiiled fqr record in iha appropriate ofiiices ounty in whEch the Property is€ocated,and
<br /> {d} W�th respect to ail or eny part of th� er Property,Lender shall have aiI the rights and remedies
<br /> of a secure+i party under the Nebraska U � rn Comroercial Code.
<br /> Foree[osure by Pawer of Sale. If Lende c to fioeeclase by exercise of the Pawer of Sale herein cantained,
<br /> Lendar shaEl notify Trustee and shall e with Trustee this Deed of Trust and the NoYe and s�Ch reC�iptS
<br /> and evidence of expenditures made anc �cured by ihis Deed ofi 7rust as Trustee may require.
<br /> t�t Upnrt receipt of such �ice fram Lender,Tr�stee shal]cause to be reCorded,pubtished and delivered
<br /> to Trus#or such Notice oi�f u[t and Notice af 5ale as then requ[red by]aw and by this Deed of Trust.
<br /> Trustee sha(I; wVtho��nand nn Trustor, after such time as may then be r�qutred by I�w and after
<br /> recordation of suc of Default and after i�3otiae of Sale havEng been given as required by law,sell
<br /> the Prnperty st t i e and pEace nf sale ii�rzd by it in such Notice€�f 821e, either as �whole,or in
<br /> separate[ofs s or€tems as Trustee shall deem expedient,and ir.such order as it may determfne,
<br /> at public au i o the highesE bidder for cash in lawfui money of tke United States payabie at the time
<br /> of sale. e Shall deliver to sucF purchaser or purchasers#hsreof its good and suffiaienE deed or
<br /> deeds 1�onv irtg the property sa soid, but without any eovenant or warranty,expr�ss or implied, The
<br /> rec' �rl�uch deed of any matYers or facTs shall be conclusive proof of 2he truthfiulnsss theeeof. Any
<br /> ��including without limitation"Crustor,Trustee,or Lender,may purchase at such sale.
<br /> 6 As may lae permitted by law, after deducting all costs,fees and expenses of Trus2ee and of this
<br /> usf,inclading costs of evidence of tit[e in connectio�with sa[e,Trustae shall applythe procaeds�f sale
<br /> to payment of (i)all sums expended under the terms of this Deed of Trust or under the terms of the F[ote
<br /> not then repaid,including but not limited to accrued interest and late eharges, (ii) aI[other sums tfien
<br /> secured hereby,and iiii7 the remaincfer,if any,tn the person or persons legally entitled thereto.
<br /> (c� 7rustee may in the manner provided By law postpone sala of alI c�r any portion of the F'roperty.
<br /> Remedies Not ExcFusive. Trustee and Lendee, and each of them, shaE! be entEtled Yo enforce paymant and
<br /> performance of any indebtedness or ab[iga2ions secured by this Deed of 7r�st and to exercise a[I rights arrd powers
<br /> under this Deed of Trust„under the Note,under any of the Related Documents,or under any other agreement or
<br /> any Eaws nnw or hereafCer in force;noYwPthstandirtg,some or all of s�ch indebtedness and obligations secured by
<br /> this Deed of Trust may now or he.reafter be atherwise sec�red,whether by mortgage,deed of frust,pledge,lien,
<br /> 855ignm8nt or oYherwise. Neither the accepYance of thiS C3eed c�f Trust nor its enforcement, whe�Yher[�y caur'C
<br /> acti�n or p�rsuant ta the power of sale or other powers cantained in this�eed of Trust,sha13 prejudice or in any
<br /> rnanner affect TruStee's or Lent3er's right m realize upon or enfarce any�ther secunTy now or hera2'Fter held by
<br /> Trus�ee or Lender,it being agreed tfiat Trustee and Lender,and each of ttiem,shall be entitled ta enforce this 6eed
<br /> � of 7rust and any ather security��w ot hereafter hePd by Lender or Trvstee in such ardsr and manner as they or
<br /> either of them may in their absolute discretian deYermine_ No remedy confierred upor�ol r�served tr�Trustee nr
<br /> Lender�is intended to be sxc[usive of any other remetiy in this beed o�Trust or by law provided or pe€mitted,but
<br /> e�ch shall qe eum�rlative and shall tie in additiorr to every other remzdy given in this �eed oi Trust or now or
<br /> fiereafter exist€ng at!aw or in equity or 6y stat�te. Every pawer or remedy given hy the Note or any of the ReEated
<br /> pocuments to Trustee or Lender or to which either oF them may 6e oth�rwise entitted, may be exercised,
<br /> concurrently or indepentlently,from time io time 8�d as often a5 may be deemed expediertt by Teustee o�'Lender,
<br /> and either of them may pursue inconsistent remedies. Nothing in this Deed of Trust shall be canstrued as
<br /> prohi6iting Lender fram seeking a deficiency judgmenY against the�k"rusYor to the extiervC such action is perm'rtCed by
<br /> law. E(eation by Lender to pursue any remedy shall not exclude purs�it of any other remedy,and an election to
<br /> make expenditures or to take acclan to perEorm an obligation Qf 7rusior under thCs beed of 7rust,after Trustor`s
<br /> failure to perform,sha(I not effeet Lender's right to declare a default and exercise its remedPes.
<br /> Request for Notice. Trustor,on beha[f of Trustar and Lender,hereby requesEs that a copy of any Natice of�efault
<br /> and a eopy nf any NatSce of Sale under this Deed af Trust be mailed to them at the addresses set forth in the first
<br /> paragraph of this Deed of Trust.
<br /> Rtmrn�ys' Fees; �pensss. If Lender institutes any suit or action to enforce any of the terms of this beed of
<br /> Trust,Lender sfiall be entitled to recover such sum as Che cnurY may adjudge resspn�bte as sttorneys'�i�es 2T tri�l
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