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201206621
<br /> oeEo oF TRusT
<br /> Loan No: 8900�975 {Continued} Page 5
<br /> Breach of Other Agreemerrt_ Any breach by Trustor urtder the terms of aRy other agreement between Trustor and
<br /> Lender that is not remedied withln any grace perlod provided therein, inc[uding withoe�t lirr�itation any agreement
<br /> concerning arty indebtedness or other obEigation of Trustor to Lender,whether existing now or later.
<br /> Events At`EecEing Guaranior. Any of Ehe preceding events occurs with respect to any Guarantor of any of the
<br /> Indebtedness or any Guarartor dies or becomes incompetent, or revokes or disputes the validixy qf, pr liability
<br /> under, any GuaranYy of Yhe Ende6tedness.
<br /> Adverse Change. A materiai adverse change occurs in Trustar's financial conditipn, pr Lender believes the
<br /> prnspect of payment or perforrrtance of the IndebEedneas is impaired.
<br /> Insecurity. Lender in good faith belisves itself insecure.
<br /> RIGHTS AND REME�IES OIV DE�AULT_ if an Event of Defiault occurs under Fhis Deed af Trust, at any time thareafter,
<br /> Trustee or Lender may exercise any one or more of tNe following rights and remedies:
<br /> Acceleration Upon Default;Additional Remedies. lf any Evant of Defa�lt oCours as per the terms of the Note
<br /> secured hereby, LendBr may declare alE Indebtedness secured by tF�is �eed of Trust to be due and payable and
<br /> the same sha][thereupon become due and payable without any presentment, damand, protest or notice of any
<br /> kin[[. Thereaiter, Lender may:
<br /> (a) Either in person or by agent, with or without bringing any aation or proceeding, or by a receiver
<br /> appoinYed by a eourt and without regerd to the adequacy of its sece�rity, enter upon and ta[ce possession
<br /> of the Property, or any part thereof, in its own name or in the name of Trustea, and do any acfs which it
<br /> deems necessary or desirable to preserve t[�e valve, marketabiliYy or renta6ility of the Froperty, or part of
<br /> the Property or interest in the Property; increase the incorrte from the ProperLy or protect the security of
<br /> the Property; and, with or witho�t teking possassion of the Property, sue for or otherwise collect the
<br /> rents, issues and profits of the Property, incfuding those past due and unpaid, and apply the same, less
<br /> costs and expenses of operation and oo][ea3ion attornays' feas,Eo any indebtedness secured by ihis Deed
<br /> of Trusi, ell in such order as Lender may determine. The enterPng upon and taking possession of the
<br /> Property, ihe collection of such rents, issues and profits, and the appfioation thereof shall not cure or
<br /> waive any default or notice of default under this Geed of Trust or invafidate any act done in response to
<br /> such default or pursuant to such notice of defau[t; and, notwitAstanding the opn#inuance in possession of
<br /> the ProperEy or the co[lection, receipt and application of rents, issues or profits, TrusYee or Lender sha][
<br /> be entitled to exercise every r3ght provided for in the NoYe or the Related documertts or by law upon the
<br /> occurrence of any event of default, incfuding the right to exercise the power of saEe;
<br /> (b} Commence an action io foreclose this Deed of Trust as a morigage, appoint a receiver or specifica[ly
<br /> enforce any of Ehe covenants hereof; and
<br /> [c) �eliver to Trustee a written dec[aration o'f default and demand'For sale and a written notice of default
<br /> and electiort to cause Trustor's interest in the Properry to be so[d,which notice Trusiee shall cause to be
<br /> du[y filed for record in the appropriate o�Ffices of the Covnty in which the Property is located; and
<br /> [d1 WIYh respect Yo a][ or any psrt of the Personal Praperty, Lender shall have alf the righYs and remec[ies
<br /> of a secured party under the Nebraska Uniform Commercial Code.
<br /> Foreclosure by Power of Sale. If Lender elects Eo forealose by exercise of the Pawer of Sa[e herein contained,
<br /> Lender shall notify Trusiee and sha[I deposit with Trustee this Deed of TrusE and the Note and such receipts
<br /> and ev3denc�of expend3tures made and secured by thls Deed of Trvst as Trustee may requFre.
<br /> ;a) Upon receipt of such notice from Lender,TrusEee sha[I cause to be recorded, published and de[ivered
<br /> to Trustor such NoYice of DefaulY and PEOYice of Sale as then required by law and by Yhis Deed of Tr�st.
<br /> Trustee sha[I, wit�oert demand on -frustor, after such time as may ihen be required by [aw artd afEer
<br /> recorc[etion of such Notice of DefaulY and after Notice oY Sale having been given as required by [aw, se][
<br /> the Property at the time and place of sa3e fixed by it in such Notice of Sale, either as a whole, or in
<br /> separate lots or parce[s or Ftams as Trustee shall deem expedlsnt, and In such order as Ft may deter[nlne,
<br /> at public auction to the highest bidder for cash in lawful money of the United States paya6le at the time
<br /> of sale. Trustee sha3f deliver to such purchaser or purchasers thereof its good and sirFficlent deed or
<br /> deeds conveying the property so sold, but without any aovenant or warranty, express or implied. The
<br /> reCitals in Such deed of any matters or facts shal3 be conclusive proof of the truthfulness Ehereof. Any
<br /> person, inc[uding without limitation Trustor,Trustee, or Lender, may purchase at such se[e.
<br /> (b} As may 6e permitted by law, afYer deducting alE costs, fees and expenses of Trustee and of this
<br /> TrusE, includPng costs of evidence of title in eonnection with sale,Trustee shall app]y the proceeds of sale
<br /> to payment of (i} afl sums expended under the terms of this Deed of Trust or under the terms of the [�fote
<br /> not then repaid, inclvding but not iimited to eccrued interest end late cherges, (ii) ell other Sums then
<br /> secured hsreby, and (iii) the remainder, iY any,to the person or persons legally entitled thereto.
<br /> [c) Trustee may in Yhe manner provided by law postpone sa[e ofi al] or any portion of the Property.
<br /> Remedies Ptvt Exdusive_ 7rustee and Lender, and each of them, shalE be entitled to enforce payment and
<br /> performance of any lndebtedness or obligations secured by this �eed of Trust and to exercise a[I righxs and powers
<br /> under this Deed of Trust, under the Note, uncter any of the Related Documents, or under any other agreement or
<br /> any]aws now or hereafter in force; notwithstand"eng, some or all of such indebYedness and o6figations secured by
<br /> this Deed of Trubt may r7uw or hereaECer be otherwise secured, wi�eEher by morYgage, deed of trust, pledge, lien,
<br /> assignmen# or otherwise. NeiYher Yhe Acceptance af ihis DPPCI o-F Trust nnr its enforcement, whether Uy court
<br /> actSon or pursuant to the power of sale or other powers contained in this Deed of Trust, shall prejudice or in any
<br /> manner affect Trustee's or I.ender's right to reafize upnn or enfiorce any other security now or hereafter held by
<br /> Trustee or LencEer, it being agreed thaY Trustee and Lender, and eaeh of them, shall be entit[ed Yo enforce tnis Deed
<br /> o'F Trusi and any oYher security now or hereafter he]d by Lender or Tre�siee en such order and manner as they or
<br /> either of them may in Yhefr absolute discre#ion determine. I�[o remedy conferred upon or reserved to "Trustee or
<br /> Lender, is intended Yo be exclusive of any otf�er ramse3y in this Deed of Trust or by law provided or permitted, 6ut
<br /> each shall be cumulative and shal] be in addition to every dther remedy given in tf�is DPPCI of Tr�st or now or
<br /> hereafter existing at faw or in eyuity or Vy sca�uLe_ Evary power or remedy given by the Note or any of the Related
<br /> Documents to Trustee or Lender or to which either af them may he ntherwisP P.R{-IYIP(�, may be exercised,
<br /> concurrently or independently, from time to time artd as often as may be deemed expedient by Trustee or Lender,
<br /> and either of them may pursue inconsistent remedies_ Nothing irc cF�is Deed of Trust sha][ be consirued as
<br /> prohibiting Lender from seeking a deficiency judgmenF against the Tr�stor to the extent such action is permitted 6y
<br /> law. Election by Lender to pursue any remedy sha[I not nxclude pursuit of any ocher remedy, and an e]ection to
<br /> make expenditures or to take action to per4orm an obligation of Trusior under this �eed afi Trugx, efiter Trusrnr's
<br /> failure to perform,shall not affect Lender's r9ght#o declare a defaule and exercise its rerreedies.
<br /> Heq�est for Platice. Trustor, on behalf of Trustor and Lender, hereby requests that a copy of any Notice of Defauft
<br /> and a copy of any Noticc of Sale under this �eed of Trust be mailed to t1�em at tne addresses sei iorLh in the first
<br /> paragraph of ihis Deed of Trust_
<br /> Attorneys' Fees; Expenses. [f Lender insEitutes any suit or action to enfiorce any of tke terms of this Derad a�
<br /> Trust, Lender shall be entitled to,recover such sum as the court may adjucEc�e reasonable as attorneys' fees at trial
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