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DEED OF TRUST 2 012 0 6 7'7 9
<br />(Continued) Page 5
<br />sote discretion, as being en adequate reserve or bond for the dispute.
<br />Breach of Other Agreement. Any breach by Trustor under the terms of any other agreement between Trustor and
<br />Lender that is not remedied within any grece period provided therein, including without limitetlon any agreement
<br />concerning any indebtedness or other obligatiorl of Trustor to Lender, whether existing now or leter.
<br />Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety,
<br />or accommodetion party of any of the Indebtedness or eny guarantor, endorser, surety, or accommodation perty
<br />dies or becomes incompetent, or revokes or disputea the velidity of, or flability under, eny Guarenty of the
<br />Indebtedness.
<br />Advarse Change. A materlal adverse change occurs in Trustor's financial condition, or Lender believes the
<br />prospect of payment or performance of the Indebtedness is impaired.
<br />Insecurity. Lender in good faith believes itself Insecure.
<br />RIQHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust, at any time thereafter,
<br />Trustee or Lender may axercise 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 end payabte and
<br />the same shall thereupon become due and payable without eny presentment, demand, protest or notice of any
<br />kind. Thereafter, Lender may:
<br />Ia1 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 regerd 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 the name of Trustee, end do any ects which it
<br />deems necessery or desirable to preserve the velue, marketab(lity 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 the
<br />rents, issues and profits of the Property, including those past due and unpeid, and apply the same, less
<br />costs end expenses of operation and collection attorneys' fees, to any indebtedness secured by this Deed
<br />of Trust, all in such order es Lender mey 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 />weive any defeult or notice of default under this Deed of Trust or invalidate any act done in response to
<br />such default or pursuant to such notice of default; and, notwithstanding the continuance in possession of
<br />the Property or the collection, receipt and application of rents, issues or profits, Trustee or Lender shall
<br />be entitled to exercise every right provided for in the Note or the Related Documenta or by law upon the
<br />occurrence of any event of default, including the rlght 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 covenents hereof; and
<br />(c) Deliver to Trustee a written declaration of default and demand for sale and a written notice of defeult
<br />end election to cause Trustor's interest in the Property to be sold, which notice Trustee shall ceuse to be
<br />duly filed for record in the appropriate offices of the County in which the Property is located; and
<br />(d) With respect to all or any part of the Personal Property, Lender shall have ell the rights end remedies
<br />of a secured party under the Nebraska Uniform Commerciel Code,
<br />Foreclosure by Power of Sale. If Lender elects to foreclose by exercise of the Power of Sale herein conteined,
<br />Lender shall notify Trustee and shall deposit with Trustee this Deed of Trust and the Note and such receipts
<br />end evidence of expenditures mede end 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 de8vered
<br />to Truator such Notice of Default and Notice of Sale as then required by law and by this Deed of Trust.
<br />Trustee shall, without demand on Trustor, efter such time as may then be required by law and after
<br />recordetion of such Notice of Default and efter 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 Sele, either as e whole, or in
<br />separate lots or percels or items as Trustee shall deem expedient, and in such order as it may determine,
<br />at public auction to the highest biddar for cash in lawful money of the United States payable at the time
<br />of sale. Trustee shall deliver to such purcheser 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 />recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any
<br />person, including without limitation Trustor, Trustee, or Lender, mey 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 sele
<br />to payment of (q all sums expended under the terms of this Deed of Trust or under the terms of the Note
<br />not then repaid, including but not limited to eccrued interest end late charges, 01) etl 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 menner provided by lew postpone sale of all or eny portion of the Property.
<br />Remadies Not Exclusive. Trustee end Lender, and each of them, shall be entitled to enforce payment end
<br />performance of any indebtedness or obligations secured by this Deed of Trust and to exerclse all rights and powers
<br />under this Deed of Trust, under the Note, under any of the Related Documents, or under any other egreement or
<br />any laws now or hereafter in force; notwithstanding, some or ell 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 />essignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, whether by court
<br />action or pursuant to the power of sele or other powers contained in this Deed of Trust, shall prejudice or in any
<br />manrtqr effect Trustee's or Lender's right ta realiae upon or enforce any other security now or hereafter held by
<br />Trustee or Lender, it being agreed that Trustee end Lender, and each of them, shall be entitled to enforce 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 their 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 permitted, but
<br />each shall be cumulative end 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 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 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 />end either of them may pursue inconsistent remedies. Nothing in this Deed of Trust shall be construed as
<br />prohibiting Lender from seeking a deficiency judgment against the Trustor to the eutent such action is permitted by
<br />law. Election by Lender to pursue eny remedy shall not exclude pursuit of any other remedy, and an election to
<br />make expenditures or to teke action to perform an obligetion of 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 />,Requeat for Trustor, on behalf of Trustor and Lender, hereby requests thet a copy of any Notice of Default
<br />and e copy of any Notice of Sale under this Deed'of Trusf be mailed to them at the eddresses set fnrth in the fiYst
<br />peragraph of this Deed of Trust.
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