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201206831
<br /> DEED OF TRUST
<br /> Loan No: 81001107 (COtltiflued) Page 5
<br /> proceeding, self-help, repossession or any otner method, by any creditor of Trustor or by any governmental agency
<br /> against any property securing the Indebtedness. This includes a gamishment of any of Trustor's accounts,
<br /> including deposit accounts, with Lender. However, this Event of Defauli shall not apply if there is a good faith
<br /> dispute by Trustor as to ihe validity or reasonableness of the claPm which is the basis of the creditor or forfeiture
<br /> proceeding and ifi Trustor gives Lender written notice of the creditor or fiorfeiture proceeding and deposits with
<br /> Lender monies or a surety bond for the�creditor or forfeiture proceeding, in an amount determined by Lender, in its
<br /> sole discretion, as being art 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 grace period provided therein, including without limitation any agreement
<br /> concerning any indebtedness or other obligation of Trustor to Lender, whether existing now or later.
<br /> Events Aifecting Guarantor_ Any of the preceding events occurs with respect to any Guarantor of any of the
<br /> Indebtedness or any Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability
<br /> under, any Guaranty of the Lndebtedness.
<br /> Adverse Change. A material adverse change occurs in Trustor`s financial condition, or Lender be�ieves tne
<br /> prospect of payment or performance of the Indebtedness is impaired.
<br /> Insecurity_ Lender in good faith believes itselfi 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 remediesc
<br /> Acceleration Upon Default:Additionat 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 payable and
<br /> the same shaFl ihereupon 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 witnout bringing any action or proceeding, or by a receiver
<br /> appointed by a court and without 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 the name ofi Trustee, and do any acts which it
<br /> deems necessary or desirable to preserve the value, marketabil'ity or rentability of the Property, or part ofi
<br /> the Property or interest in the Property; increase tne income firom the Property or protect the security of
<br /> the Property; and, with or without taking possession ofi the Property; sue� for or otherwise colleci the
<br /> rents, issues and profits of the Property, including those past due and unpaid, and apply the same, less
<br /> costs and expenses of operation and collection attorneys'fiees,to a.ny 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 ofi such rents, issues and profits, and the application ihereof sha❑ not cure or
<br /> waive any defaulY or notice of default under this Deed of T�ust or invalidate any act done in response to
<br /> such default or pursuant to such notice ofi 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 sha❑
<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 ofi Trust as a mortgage, appoint a rece�iver or specifiically
<br /> enforce any of the covenants hereof; and
<br /> (c) Deliver to TrusYee a written declaration of default and demand for sale and a written notice of defiault
<br /> and election to cause Trustor's interest in the Property to be sold, which noti.ce 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 respect to all or any part of the Personal Property, Lender shall have all the rights and remedies
<br /> of a secured party under the Nebraska Unifiorm 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 notifiy Trustee and shall deposit with Trustee this Deed of Trust and tne Note and�such receipts
<br /> and evidence of expenditures made and secured by this Deed of Trust as Teustee may require.
<br /> (a) Upon receipt of such notice from Lender,Trustee shali cause to be recorded, published and delivered
<br /> to Trustor 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, after such time as may then be� required by law and after
<br /> recordation of such Notice of Defiauit and after Notice of Sale having been given as req�uired 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 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 purchaser 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 i.n such deed. of any matters or facts shall be. conclusive proof of the truthfulness thereofi. Any
<br /> person, i.ncluding without limitation Trustor,Trustee, or Lender, may purchase at such sale.
<br /> (b) As may be permitted by Iaw, after deducting all costs, fees and expenses of Trustee and ofi this
<br /> Trust, induding costs of evidence of title in connection with sale,Trustee shall apply the proceeds ofi sale
<br /> to payment of (i)all sums expended under the terms of tihis Deed of Trust or under the terms of the Note
<br /> not then repaid, including but not lirnited tio accrued interest and late charges, (ii) all other sums then
<br /> secured hereby, and (iii) the remainder,if any,to the person or persons Iegally entitled thereto.
<br /> (c) Trustee may in the manner provided by Iaw postpone sale of all or any portion of the Property.
<br /> Remedies Not Eudusive_ Trustee and Lender, and each of them., shall be entitled to enforce paymeni and
<br /> performance of any indebtedness or obligations secured by this Deed ofi Trusi and to exercise aII rights and powers
<br /> under this Deed ofi Trust, under the Note, under any of the RelaYed Documents, or under any other agreement or �
<br /> any laws now or hereafter in force; notwithstanding,.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 /> assignment or otherwise. Neither the acceptance of this Deed of TrusY nor its enforcement, wheYher by court
<br /> action or pursuant to the power of sale or other powers conta�ned 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 neld by
<br /> Trustee or Lender, it being agreed that Trustee and Lender, and each ofi them,shall be entitled to anforce 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 ofi them may in their absoWte discretion determine. No remedy conferred upon or reserved to Trustee or
<br /> Lender, is intended to be exdusive of 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 Trust or now or
<br /> hereafter existing at law or in equity or by statute. Every power or remedy given by the NoYe or any of the Related
<br /> Documents io 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 /> and either of tihem rnay pursue inconsistent remeelies. Nothing in. this Deed of Trust shall be construed as
<br /> prohibiting Lender from seeking a deficiency judgment against the Trustor io Yhe extent such action is permitted by
<br /> law. Election by Lender to pursue any remedy shall no[ exclude pursuit of any other remedy, and an election to
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