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201207692
<br /> DEED OF TRl1ST
<br /> Loan No_ 81001338 (Co�tin[.�eC6� Pa e 5
<br /> 9
<br /> proceeding and if Trustor gives Lender writxen notice of the creditor or forfeiture proceeding and deposits with
<br /> Lender monies or a surety bond for the creditor ot forfeiture proceeding, in an amount determined �xy Lender,. in..its
<br /> sole discretion, as being an adequate reserve or bond for the clispute. �
<br /> Breach of Other Agreement. Any breacn by Trustor under the terms of any other agreement beYween Trustor and
<br /> Lender that i5 not remedied within any grace period provided therein, induding without limitation any agreement
<br /> co:ncerning any indebtedness or other obligation�ofi Trustor to Lender, whether existing now or later.
<br /> Events Affecting Gua�antor. 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 tne validity of, or liability
<br /> under, any Guaranty of the lndebtedness.
<br /> Adverse Change. A material adverse change occurs in Trustor's fiinancial condition, or Lender believes the
<br /> prospect of payment or pe�rformance 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 tf�is Deed of Trust, at any tim�e thereafiter,
<br /> Trustee or Lender may exercise any one or more of the following rights and remedies: -
<br /> Acceieration lJpon Default;Additional Remedies. !f any Event of Default occurs as per the terms of the Note
<br /> secured hereby, Lender may declare al! inciebtedness secured 6y this Deed ofi Trust to be due and payable and
<br /> the same shall thereupon become due and payabfe 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 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 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 tne Property; increase the income frorn the Property or protect the security of
<br /> the Property; and, witn or without taking. possession ofi the Property, sue for or otherwise collect the
<br /> rents, issues and. profits of the ProperYy, inciud�ing those past due and unpaid; and apply the same, less
<br /> costs and expenses of operation and collection attorneys`fees,to any inde�btedness secured�by this Deed
<br /> of Trust, all in such order as Lender may determine. The entering upon and taking possession of the
<br /> Properiy, the eoilection of such rents, issues and profits, and the application thereof shai0 not cure or
<br /> waive any default or notice of default under this Deed.of Trust or invaJidate any act done in response to
<br /> such defiault oe pursuant to such no4ice of default; and�, notwithstanding the continuance in possessio�n of
<br /> the Property or the col�lecYion, receipt and application of rents, issues or profits, Trustee or Lender sfiall
<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 nereofi�and
<br /> (c) Defiver to Trustee a written declaration of defauit and demand for sale and a written notice of default
<br /> and election to cause Trustor's interest in the Property to be sold, whicn notice Trustee shall cause to be
<br /> . duly filed for record in the appropriaie offices of the County in which the Property is located; and
<br /> (d} With respect to all or any parY ofi the Personai Property,. Lender shali have ali the rights and remedies
<br /> af a secured party under the Nebraska Uniform CommerciaF.Code.
<br /> Foreclosure by Power of Sa1e, lf Lender elects to foreclose by exercise of the Power af Saie herein contalned,
<br /> � Lende�c shall notifiy TrusYee and sha❑ deposiY 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 Ttustee may require.
<br /> (a} Upon receipt of such.notice firom Lender,Trustee shall cause to be �ecorded, published and delivered
<br /> to Trustor such Notice ofi Defiault and Notice of Sale as then required by law and by this Deed of Trust.
<br /> Trustee shall,�without dernand on Trusror, after such time as may then be required by law and after
<br /> recordation of such fVoti�ce ofi Defiauit and after Notice ofi Sale having been given as required by law, sell
<br /> the Property at the time and piace ofi sale fixed by it in sucn Notice� ofi Sale, either as a whole,. or in
<br /> separate lots or parcels or items as Trustee shall d.eem expedient, and in such order as it may determine,
<br /> at public auction to the highest bidder fior cash in lawful money of the United ST_ates payable at the time
<br /> of saie. Trustee shall deliver to su�ch purct�.aser or purehasers ihereof its good and su#ficient deed or
<br /> deeds conveying the property so sold, but without any covenant or warranty, express or impfeea.. The
<br /> recitals i� such deed of any matters or facts shall be concfusive peoofi of the truthfulness �thereo#. Any
<br /> person, incEuding�without 1im3tat[on Trustor,Trustee, or Lender�may�aurchase ai such.sale.
<br /> (b) As may be permitted by faw, after deducting af�l costs, fees and expenses of Trusiee and of this
<br /> Trust, including costs of evidence of title in connection with sale,Trustee shail appiy the proceeds ofi sale
<br /> to payment ofi (i) all sums expended under the terms ofi this Deed of 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 Yhe person or persons legally entitled'thereto.
<br /> (c) Trustee may in the manner provided by law postpone sale of all or any por[ion of the Property.
<br /> Remedies IVot Exclusive. Trustee and Lender, and each of them, shall be entiUed to enforce payment and
<br /> performance of any indebtedness or obligations secured by this Deed ofi 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; notwithstanding, some or ail of such indebtedness aacl obligations secured by
<br /> tfiis Deed of Trust may now or nereafter be otherwise secured,. whether by mortgage, dez@ o#Yrusr�, ptedge, 3ien,
<br /> assignment or otherwise. Neither the acceptance ofi this Deecf of Teust nor its enforcement, whether by co�urx
<br /> action or pursuant to the power of sale or other powers contained in this 'aeed of Trust; Shall prejudice or in any
<br /> rnanner 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 eacn of the�m, shall be entiiled�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 o�:r by law provided or permitted, but
<br /> each shall be eumulative and shalf 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 6e deemed expedieni by Trustee or Lender,
<br /> and eether of Yhem may pursue inconsisten� rerreedies. Noihing on tl�is Deed. of Trust shall be construed as
<br /> prohibiting Lender from seelcing a deficiency judgment against the Trustor to the extent such action ss permitted by
<br /> law. Election by Lender to pursue any remedy sfiall not exclude pursuit oT any oiher remedy, and an electdon to
<br /> make expend�iYu:res or to take actior. to perform an obligation of Trustor under this Deed of Trust, after Trustor's
<br /> failure to perform, shall not aifiect Lencier's right to declare a default and.exercise its remedies.
<br /> Request for Notice. Trustor, on behaff of Trustor and Lender, hereby requests tnat a copy of any Notice of Default
<br /> and a copy of any N.otice of Sale under this Deed of Trust be mailed to them at the addresses set fiorth in the fiirst
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