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201206366
<br /> DEED OF TRUST
<br /> Loan No: 81001024 (Gontinued) Page 5
<br /> Breach of Other Agreement_ Any breach by Trustor under the terms of any other agreement between Trustor and
<br /> Lendet tnat is not remedied within any grace period provided therein, induding withouY limitation any agreement
<br /> concerning any indebtedness or other obligation of Ttustor to Lender, whether existing now or later.
<br /> Events Affecting Guarantor. Any of the preceding events occurs wiYh respect to any Guarantor of any of the
<br /> Indebtedness or any Guarantor d�ies or becomes incompetent, or revokes or disputes the validity of,,or Iiab�ility
<br /> under, any Guaranty of the Indebtedness.
<br /> Adverse Change. A material adverse change occurs in Trusior's financial condition, or Lender believes the
<br /> prospect of payment or pe�formance o€the Indebtedness is impaired.
<br /> lnsecurity. Lender in good faith believes itselfi insecure.
<br /> RIGHTS AND REMEDIES ON DEFAULT. Ifi an Event ofi Defiault occurs under this Deed ofi Trust, at any time thereafter,
<br /> Trustee or Lender may exercise any one or more of the following rights and remedi�es:
<br /> Acceleration Upon Default:Additionat Remedies_ If any Event ofi Defiault occurs as per the terms of the Note
<br /> secured hereby, Lender may declare all Indebtedness securetl by this Deed of Trust to be due antl payable and
<br /> the same shall thereupon become due and payable without any presentment, demand, protest or notice of any
<br /> kind. Thereafter, Lender may:
<br /> (a) Either in person or by agent, with or without bringing any action or proceedi.ng, or by a receiver
<br /> appointed by a court and wiihout regard to the adequacy of its security, enter upon and take possession
<br /> of the Property, or any part thereof, in its own name or in tF�e name of Trustee, and do any acts which it
<br /> deems necessary or desirable to preserve the value, marketability or rentabi�lity of the Property, or part of
<br /> the Property or interes't in the Property; increase the income from the Property or protect the security of
<br /> the Property; and, with or without taking possession of the Property, sue for or otherwise collect the
<br /> rents, issues and profits of the Ptoperty, including those pasi tlue and unpaid, and apply the same, less
<br /> � costs and expenses of operation and collection attomeys' fees,to any i�ndebtedness secured by this Deed
<br /> of Trusi, all in such order as Lender may determine. The entering upon and taking possession of the
<br /> Property, the coliection of such rents, issues and profits, and the application thereof shall not cure or
<br /> waive any default or notice of default under tnis Deed of Ttust or invalidate any act done in response to
<br /> such default or pursuant to such notice of default; and, notwithstanding the contirtuance in possession of
<br /> the Property or the collection, receipt and application of reMs, issues or profits, Trustee or Lender shall
<br /> be entitled to exercise every right provided fior in the Note or the Related Documents or by Iaw upon the
<br /> occurrence of any event of defiault, including the right to exercise the power of sale;
<br /> (b) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver or specificafly
<br /> enforce any of the covenants hereofi;and
<br /> (c) Deliver to Trustee a written dedaration of default and demand for sale and a written.notice of default
<br /> and election to cause Trustor's interest in the Property to be sold,which notice Trustee shall cause to be
<br /> duly filed for record in the appropriate offices of the County in which the Property is located;and
<br /> (d) With respeci io all or any part of the Personal Property, Lender shall have all the rights and remedies
<br /> of a secured party under the Nebraska Uniform Commercial Code.
<br /> Foreclosure by Power of Sale. If Lender elects to foreclose by exercise of the Power of Sale herein contained,
<br /> Lender shall notify Trustee and shall deposit with Trustee this Deed of Trust and�the Note and such receipts
<br /> and evidence ofi expenditures made and secured by this Deed of Trust as Trustee may require.
<br /> (a) Upon reeeipt of such notice from Lender,TrusYee shall cause to be recorded, published and detivered
<br /> to Trustor such Notice of Defiault and Notice of Sale as then required by Iaw and by this Deed of Trust.
<br /> Trustee shall, witnout demand on Trustor, after such time as may then be required by law and after
<br /> recordation of such Notice ofi Defiault and after Notice of Sale having been given as required by law, sell
<br /> the Property at the time and place of sale fixed by it in such Notice of Sale, either as a whole, or in
<br /> separate lots or parcels or iiems as Trustee shali deem expedient, and in such order as ii may determine,
<br /> at public auction to the highest bidder for cash in lawful money of the United States payable at the time
<br /> of sale. Trustee shall deliver to such purchaser or purchasers thereofi itis good and sufificient deed or
<br /> deeds conveying the property so sold, but wiihout any covenant or warranty, express or implied. The
<br /> recitais in such deed of any matters or facts shall be conclusive proof of the iruthfulness thereof. Any
<br /> pe�son,including without limitation Trustor,Trustee, o�r Lender, may purchase at such sale. �
<br /> (b) As may be permitted by law, after deducting all costs, fees and expenses of Trustee and of this
<br /> Trust, including costs of evidence of title in connection with sale,Trustee shall apply the proceeds of sale
<br /> to payment of (i) all sums expended under the terms of this Deed ofi Trust or under the terms of the Note
<br /> not then repaid, including but not limited to accrued interest and late charges, (ii) 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 /> Remedies Not Exctusive. Trustee and Lender, and each of them,. shall be entitled to enforce payment and
<br /> performance ofi 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; notwitnstanding, some or all of sucn indebtedness and obligations secured by
<br /> this Deed ofi Trust may now or hereafter be otherwise secured, whetner by mortgage, deed of trust, pledge, lien,
<br /> assignment or otherwise. Neither the acceptance of this Deed ofi Trust nor its enforcement, wnether by court
<br /> action or pursuant to the power of sale or other powers contained i�.n this Deed of Trust,. snall prejudice or in any
<br /> manner affect Trustee's or Lender s right to realize upon or enfiarce any other security now or hereafter held by
<br /> Trustee or Lender, it being agreed that Trustee and Lender, and each ofi them,shall be entitled to enforoe 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 the�ir absolute discretion deTermine. No remedy conferred upon or reserved to Trustee or
<br /> Lender, is intended to be exclusive ofi any other remedy in this Deed of Trust or by law provided or permitted, but
<br /> each shall be cumulative and shall be in addition to every other remedy given in this Deed� of Trusi or now or
<br /> hereafter existing at Iaw 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 entiiled, may be exercised,
<br /> concurrently or independently, from time to time and as often as may be deemed expedienY 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 firom seeking a deficiency judgment against the Trustor to the extent such action is permitted by
<br /> Iaw. Election by Lender to pursue any remedy shall not exdude pursuit of any other remedy, and an election to
<br /> make expenditures or to take action to perform an obligation ofi Trustor under this Deed of Trust, after Trustor's
<br /> failure to perform,shall not affect Lender`s right to declare a default and exercise its remedies.
<br /> Request for Notice. Trustor, on behalf of Trustor and Lender, hereby requests tnat a copy of any Notice of Default
<br /> and a copy of any Notice of Sale under this Deed of Trust be mailed.to tnem at the addresses set forth in the fi.rst
<br /> paragraph of this Deed of Trust.
<br /> Attorneys' Fees; F�cpenses. If Lender institutes any suit or action to enforca any of the terms of this Deed of
<br /> Trust, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial
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