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201206458
<br /> DEED OF TRUST
<br /> Loan No: 87000991 (Continued) Page 5
<br /> time and for any reason.
<br /> Oeath or Insolvency. The death of Borrower or Trustor,the insolvency of Borrower or Trustor,the appointment of
<br /> a receiver for any part of Borrower's or Trustor's property,any assignment for the benefit of creditors,any type of
<br /> credifor workout,or the commencement of any proceeding under any bankruptcy or insolvency laws 6y or against
<br /> Borrawer or Trustor.
<br /> Creditor or Forfeitare Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial
<br /> proceeding, self-help, repossession or any other method, by any credimr of Borrower or Trustor or by any
<br /> governmental agency against any property securing the Indebtedness. This includes a garnishment of any of
<br /> Borrower's or Trustor s accounts, including deposit accounts,with Lender. However,.this Event of Default shall �
<br /> not apply if there is a good faith dispute by Borrower or Trustor as to the validity or ceasonableness of the claim
<br /> which is the basis of the creditor or forfeiture proceeding and if Borrower or Trustor gives Lender written notice of
<br /> the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the cteditor or forfeiture
<br /> proceeding,in an amount determined by Lender,in its sole discretion,as being an adequate reserve or bond for the
<br /> dispute:
<br /> Breach of Other Agreement. Any breach by Borrower or Trustor under the terms of any other agreement between
<br /> Borrower or Trustor and Lender that is not remedied within any grace period provided therein,including without
<br /> IimiTation any agreement concerning any indebtedness or other obligation of Borrower oY Trustor to Lender,
<br /> whether existing now or later.
<br /> Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor,endorser,surety,
<br /> or accommodation pa�ty of any of the Indebtedness or any guarantor,endorser,surety, or accommodation pany
<br /> dies or becomes incompetent, or revokes or disputes the validity of, or Iiability under, any Guaranty of the
<br /> Indebtedness.
<br /> Adverse Change. A material adverse change occurs in Borrower's or Trustor's financial condition, or Lender
<br /> believes the prospeet of payment or performance of the Indebtedness is impaired.
<br /> Insecurity. Lender in good faith believes itself insecure.
<br /> RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust,at any time thereafter,
<br /> Trustee or Lender may exercise any one or more of the following rights and remedies:
<br /> Acceleration Upon Default;Additional Remedies. If any Event of Default occurs as per the terms of the Note
<br /> secured hereby,Lender may declare all Indebtedness secured by this Deed of Trust to be due and paya6le and
<br /> the same shall thereupon become due and payable without any presentment,demand,protest or�otice of any
<br /> kind. Thereafter,Lender may:
<br /> (a1 Either in person or by agent, with or without bringing any action or proceeding, or by a receiver
<br /> appointed by a court and without regard to tRe adequacy of its security,enter upon and take possession
<br /> of the Property,or any part thereof,in its own name or in the 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 Property or interest 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 tFe
<br /> rents, issues and profits of the Properiy,i�cluding those past due and unpaid,and apply the same,less
<br /> costs and expenses of operation and collection attorneys'fees,to any indebtedness�secured by this Deed
<br /> of Trust, all in such order as Lender may determine. The entering upon and taking possession of the
<br /> Property, the collection of such rents, issues and profits, and the application thereof shall not cure or
<br /> waive any default or notice of default under this Deed of Trust or invalidate any act done in response to
<br /> such default or pursuant to such noiice of default;and,notwitBstanding the c¢ntinuance in possession of
<br /> the Property or the collection,receipt and appiication of rents,issues or profits,Trustee or Lender shall
<br /> be entitled to exercise every right provided for in the Note or the Related Documents or by law upon the
<br /> occurrence of any event of default,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 specifically
<br /> enforce any of the covenants hereof;and
<br /> (c} Deliver io Trustee a written declaretion of defauh 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 /> tluly filed�for record in the appropriate oifices of the Coonty in which the Property is located;and
<br /> (d) With respect to all or any part of the Personal Property,Lender shall have aIl 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 contai�ed,
<br /> Lender shall notify Trustee and shall deposit with Trustee this Deed of Trust and the Note and such receipts
<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 reco�ded,published and delivered
<br /> to Trustor such Notice of Default and Notice of Sale as then required by law and by this Deed af Trust:
<br /> Trustee shall, without demand on Trustor, after such time as may then be required by law and after
<br /> recordation of such Notice of Defaula and after Notice of Sale having been given as require�.d 6y law,sell
<br /> the Property at the time and place of sale fixetl by it in such Notice af Sale, 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 for cash in lawful money of the United States payable at the time
<br /> of sale. Trustee shall deliver to such purcfiaser or purchasers thereof its good and sufficient deed or
<br /> deeds conveying the properry so sold,but without any covenant or warranty, express or implied. The
<br /> recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any
<br /> person,includ'mg without limitation Trustor.Trustee,or Lender,may purchase at such sale.
<br /> (b) As may be permitted by law, after deducring 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 of Trust or under the terms of the Note
<br /> not then repaid, induding but not limited to accrued interest and late charges, (ii) all other sums then
<br /> secured hereby,and Gii)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 F�cclusive. Trustee and Lender, and each of them, shall be entitled to enforce payment and
<br /> performance ofi any inde6tedness or obligations secured by this Deed of Trust and to exercise all righis and powers
<br /> under this Deed of Trust, under the Note, under any of the Related Do�cuments,or under any other agreement or
<br /> any laws now or hereafter in force;notwithsianding,some or all of such indebtedness and obligations secured by
<br /> this Deed of Trust may now or hereafter be otherwise secured,whether by mortgage,deed of trust,pledge,lien,
<br /> assignmeni or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, whether by court
<br /> action or pursuant m 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 ihat Trustee and Lender,and each of them,shall be entitled to enforce ihis Deed
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