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201207892
<br /> DEED OF TRUST
<br /> Loan No: 373051729 (Contlnued) Page 5
<br /> or accommoda[ion party of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party
<br /> dies or becomes incompetent, or revo�kes or disputes the validity of, ot liability under, any Guaranty of the
<br /> Indebtedness.
<br /> Insecurity. Lender in good faith believes itselfi insecure.
<br /> Right to Cure_ If any default, other than a default in payment is curable and if Trustor nas not been given a notice
<br /> of a breach of the same provision of this Deed of Trust within the preceding twelve ("I 2) months, it may be cured if
<br /> Trustor, after Lender sends written notice to Trustor demanding cure ofi such default: (1) cures the defiault within
<br /> twenty (20) days; or (2) if the. cure requires more than twenty (20) days, immediately initiates steps which
<br /> Lender deems in Lender's 5ole discretion to be sufficient to cure the default and thereafter continues and
<br /> completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical.
<br /> RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust, at aoy 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 ofi 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 shall thereupon become due and payable without any presentment,. demand, proYest or notice of any
<br /> kind. Thereafter, Lender may:
<br /> (a) Eitner 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 ofi 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 securiYy of
<br /> the Property; and, with or wiihout taking possession of the Property, sue for or otherwise collect 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' 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 tne
<br /> Property, the collection of such rents, issues and profits, and the application thereof snall not cure or
<br /> waive any default or notice ofi default under this Deed of Trust or invalidate any act done in response to
<br /> such default or pursuant to such notice ofi defiauli; 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 Documents or by law upon the
<br /> occurrence of any event of default, including the right to exercise the power ofi sale;
<br /> (b) Commence an action to foreclose this Deed ofi Trust as a mortgage, appoint a receiver or specifically
<br /> enforce any of the covenants hereof; and
<br /> (c) Deliver to Trustee a written declaretion of default and demand fior sale and a written notice of defiaul2
<br /> and election to cause Trustor's interest in the Property to be sold, which notice Trustee shall cause to be
<br /> duly filed for record in the appropriate off[ces of the County in which the Ptoperty is located; and
<br /> (d) With respect to all or a.ny part ofi the Personal Property, Lender shall have all 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 tne Power ofi Sale nerein contained,
<br /> Lender shall notify Trustee and shall deposit with Trustee tnis Deed of Trust and the Note and such receipts
<br /> and evidence of expenditures made and.secured by this Deed of Trust as TPustee may require.
<br /> (a) Upon receipt ofi such notice from Lender,Trustee shall cause to be recorded, published and deliveted
<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 afiter
<br /> recordation of such Notice of Defiault and after Notice of Sale having been given as required by Iaw, 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 Iots 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 ofi 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 Yhe property so sold, buI without any covenant or warranty, express or implied. The
<br /> recitals in such deed of any matters or fiacis shall be conclusive proof of the truthfulness thereofi. Any
<br /> person, including without lim.itation Trustor,Trustee, or Lender, may purchase at such sale.
<br /> (b) As may 6e� 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 sale
<br /> to payment of (i) alI sums expended under the ierms 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 tlien
<br /> secured hereby, and (iii)the remainder,if any,to the person or persons legally entitled Yhereto.
<br /> (c) Trustee may in the manner provided by law postpone sale of all or any portion ofi the Property.
<br /> Remedies Not E�cclusive. Trustee and Lender, and each ofi them, shall be entitled to enforce payment and
<br /> performance ofi any indebtedness or obligations secured by this Deed of Trust and to exercise all rignts and powers
<br /> under this Deed of Trust, under the Note, under any of tne Related Documents, or under any other agreement or
<br /> any laws now or hereafter in force; notwithstanding,some or ap of such i:ndebtedness and obligations secured by
<br /> this Deed ofi Trust may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, Iien,
<br /> assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enfiorcement, whether by couei
<br /> action 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 Lender's right to realize upon or enforce any other security now or hereafter held by
<br /> Trustee or Lender, it being agreed that Trustee and Lender,and eacn ofi them,shall be entitled to enforce this Deed
<br /> of Trust and any other security now or hereafter held by Lender or Trustee in sucn order and manner as they or
<br /> either of them may i.n their absolute discretion determine. No remedy conferred upon or reserved to Trustee or
<br /> Lender, is intended to be exclusive of any other �emedy in this Deed of Trust or by law provided or permitted, 6ut
<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 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 /> and either of them�may pursue inconsistent remedies. Nothing in this Deed of Trust shall be construed as
<br /> prohibiting Lende�firom seeking a defiiciency judgment against the Trustor to the extent such action is permitted by
<br /> law.
<br /> Election of Remedies. AII of Lender's rights and remedies will be cumulative and may be exercised alone or
<br /> iogether. If Lender decides to spend money or to perform any ofi Trustor's obligations under this Deed of Trust,
<br /> after Trustor's failure to do so, that decision by Lender will not affect Lender's right to decla.re Trustor in defauR
<br /> and to exercise Lender's remedies.
<br /> Request for Notice. Trustor, on behalf of Trusior and Lender, hereby requests that a copy of any Notice of Default
<br /> and a co�py of any Notice of Sale under this Deed of Trust be mailed to them at the addresses set fortn in the first
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