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201208343 <br /> DEED OF TF�l1ST <br /> Loan Noe 8100'1387 (�orltlClued) Page 5 <br /> proceeding, self-help, repossession or any other method, by any creditor of Trustor or by any governmenYal agency <br /> against any property securing the indebtedness. This includes a garnishment of �ny of Trusto�'s accounts, <br /> including deposit accouMs, with Lender. However, this Event of Default shall not ap�ply if there is a good faith <br /> dispute by Trustor as to the vaLiditq or reasonableness of the claim which is the basis of the creditor or forfeiture <br /> proceeding and iF Trustor gives Lender written notice of the creditor or forfeiture proceeding and deposits with <br /> Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount decermined by Lender, in its <br /> sole discretion, as being an adequate reserve or bond for the dispuie. <br /> Breach of Otiher 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 timStation any agreement <br /> concerning any indebtedness or other obligation of Trustor to Lender, whether existing now or Iater. <br /> Events Affecting Guarantor_ Any of the precedi�ng events occurs with respect to any Guarantor ofi any of the <br /> Indebtedness or any Guarantor dies or becemes incompetent, or revokes or disputes the validity af, or IiabikPty <br /> under, any Guaranty of the Indebtedness_ <br /> Adverse Change. A material adverse change occurs in Trustor's financial condition, or Lender believes the <br /> prospect of payment or performance of Yhe Indebcedness is impaired. � <br /> Insecurity. Lender in good fiaith believes itself insecure. <br /> RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default oecurs under this Deed of Trust, at any 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 Eve�t of Defautt occurs as per Yhe terms of the Note <br /> secured hereby, Lender may dedare all Indebtedness secured by this Deed of Trust to be due and payable and <br /> the same shalt thereupon become due and payable without any presentment, demand, protesi or notice of any <br /> kind. Thereafter, Lender may: <br /> (a) Eitner i.n person or by agent, witF� or without bringing any acti.on or proceeding, or by a receiver <br /> appointed by a court and without rega.rd to the adequacy of its security, enter upon and take possession <br /> ofi 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 tlesirabie to preserve the value, marketability or rentability of the Property, or part ofi <br /> the Property or interest in the Property; increase the income from the Property or protect Lhe security of <br /> the Property; and, with or without taking. possession of the Property, sue for or othe�rwise collect the <br /> rents,. issues and profits of the Property,. including those past due and unpaid,. and a.pply the same, less <br /> costs and expenses of operati.on and collection aitomeys' fees,to any indebtedness secured by this Deed <br /> of Trust, all in sucn order as Lender may determine. The eniering upon and taking possession of the <br /> Property, the collection of such rents, issues and profits, and the applicaiion thereof shall not cure or <br /> wa.ive any default or notice of defiault 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 pro'fits, Trustee or Lender shall <br /> 6e entitled to exercise every righz provided for in the �fote or the Related Documents or by taw up�n the <br /> occurrence of any eveM ofi default, including tt�e right ta exercise the power of saie, <br /> fb) Commence an action to ioreelose this Deed of Trust as a mortgage, appoint a �eceiver or specificaily <br /> enforce any of the covenants hereof; and <br /> (c) Deliver to Trustee a written declaration ofi default and demand for sa�e and a written notice of defiault <br /> and election to cause TrustoPs interest in the Propercy to be sold, which notice 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 /> td) Witn respect to all or any part of the Personal Property, Lender shall have all the riglits and remedies <br /> of a secured par[y under the Nebraska Uniform Commercial Code. <br /> Foreclosure by Power of Sale. Ifi Lender elects to foreclose by exercise of the Power of Sale herein con2ained, <br /> Lender shall notify Trustee and shali deposit with Trustee this Deed ofi Trust and the Note and such receipts <br /> and evidence of expenditures made and secured by ihis Deed of Trusi as Trustee may require. <br /> ,a1 Upon receipt of such notice from Lender, Trustee shatl cause to be recorded, pubiished and delivered <br /> to Trusior such Notice of Default and Notice of Sale as then required by faw and by this Deed ofi Trust. <br /> Trustee shali, without demand on Trustor, after such time as may Yhen be required by law and after <br /> recordation of such Notice of Defauit and after Notice of Safe 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 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 dete�rmine, <br /> at public auc[ion to tlie 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 irnplied. The <br /> recitals in such deed of any matters o.r facts shall be conclusive proof af tne truthfulness thereof. Any <br /> person,induding without limitation Trusior,Trustee, or Lender, may purchase at such sale. <br /> (b) As may be permitted by iaw, afi[er deductina all costs, fees and expenses ofi Trustee and of this <br /> Trust, including costs of evidence ofi title in connection with.sale,Trustee shail appiy the proceeds of sale <br /> to payrnent of (i) all sums expended under the terms ofi this Deed of Trust or under the terms ofi the Note <br /> noi ihen repaid, i�ncluding but not limited to accrued interest and IaYe charges, tii? ali other sums then <br /> secured hereby, and (iii?the remainder,Pf any, to the person or persons legaliy entitfed thereto. <br /> (c) Trustee may in the manner provided by law postpone sale ofi all or any portion of the Property. <br /> Remedies Not Exciusive. Trustee and Lender, and each of them, shall be entitled to enforce payment and <br /> performance of any indebtedness or obligations secured by this Deed of Trust and to exercise all ri�ghts and powers <br /> under this Deed ot Trust, under the Nate, under any of the Related 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 /> tnis �eed of Trust may now or hereafter be otherwise secured, whether by mortgage, deed of trusi, pledge, lien, <br /> assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, whether by court <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 aifect Trustee's or Lender's right to realize upon or enforce any other security now or hereafter held by <br /> Trustee or iender, ot being agreed that Trustee and Lender, and each ofi tF�em, sf�afi be entitled to enforce tF�is 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 absofuYe �iscretion determine. No remedy conferred upon or reserved to Trustee or <br /> Lender, is intended to be exclusive of any other remedy in tfnis Deed of TrusY or oy law provided or permitted, 5ut <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 /> concurrentiy 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 ihis Deeci of Trust shall be construed as <br /> prohibrting Lender from seeking a deficiency judgment against the Trustor to the extent such action is perrnitted by <br /> law. Election by Lender to pursue any remedy shail not exci:ude pursuit of any other remedy, and an election to <br />