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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
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