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201208550
<br /> DEEID oF TI�usT
<br /> Loan No: 10004098 (COntinUed) Page 5
<br /> Events AfEecting Guarantor. Any of tne preceding events occurs with respect to any guarantor, endorser, surety,
<br /> or accommodation party ofi any of the Indebtedness or any guarantor, endorser, surety, or accommodation party
<br /> dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the
<br /> Indebtedness.
<br /> Msecurity. Lender in good fiaiih believes itself insecure.
<br /> ExisYing Indebtedness. The payment of any insta(Iment of principal or any interest on tne Existing 7ndebtedness is
<br /> not made within the ti�m�e required by the promissory note evidencing such indebtedness, or a defauit occurs under
<br /> the instrument securing such indebtedness and is not cured during any applicable grace period in such instrument;
<br /> or any suit or other action is commenced to fioredose any existong lien on the Property.
<br /> Right to Cure. If any defauh., other than a defauit in payment is cura:bie and ifi Trustor has not been given a notice
<br /> of a breach of the same provision of this Deed of Trust witnin tne preceding twelve (1 2) months, it may be cured if
<br /> Trustor, after Lend�.er sends written notice to Trustor demanding cure of such defauk: ("I) cures the default 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 sole discretion to be sufficient to cure the default and thereafter continues and
<br /> completes ali 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 any time thereafter,
<br /> Trusiee or Lender may exercise any one or more of the following rights and remedies:
<br /> Acceleration Upon Default;Additional Remedies. If any Event of Default occurs as per the terms of the IVote
<br /> secured 'nereby, Lender may declare all Indebtedness secured by tnis Deed of Trust to be due and payable and
<br /> the same shall thereupon becorne due and payable witnout any presentment, demand, protest or noti.ce of any
<br /> kind. Thereafter, Lender m�ay:
<br /> ta) EitF�.er in person or by agent, with or without bringing any action or proceeding, or by a receiver
<br /> appointed by a co:urt and without regard to the adequacy of its securiry, 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, marketabifity 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 security of
<br /> the Property; and, with or without taking possession of the Property, sue for or otherwise collect tne
<br /> rents, iss�ues and profits ofi 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 the
<br /> Property, the collection of such rents, issues and profits, and the a.pplication thereof shali not cure or
<br /> waive any default or notice of defauk under this Deed of Trust or invalidate any act done in response to
<br /> such default or pursuant to such notice of default; and, notwitnstanding the continuance in.possession of
<br /> the Property or the coilection, receipt and application of rents, issues or profi4s, Trustee or Lender shall
<br /> be entitled to exercise every right provided for in the Note or the Related Documents o�by law upon the
<br /> occurrence of any event ofi defiauk, 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 /> enfo�ce a�ny ofi the covenanis hereof; and
<br /> (c) Deliver to Trustee a written declatation of defaulY and demand for sale and a written notice of default
<br /> and electi�.on to cause TrusYor's interest in the Property to be sold, which notice Trustee shali cause to be
<br /> duly filed for record in the appropriate offices of the County in wnicn the Property is located; and �
<br /> (d) With respect to ail or any pari of the Person:al Property, Lender shall have ail the rights and remedies
<br /> of a secured party under the Ne6raska Uniform Commercial Code.
<br /> �oreclos.ure by Power of Sale. If Lender elects to foredose by exercise of the Power of Sale herein contained,
<br /> Lender shall notify Trustee and shall deposit with Trustee this Deed of Trust and tfne NoYe and such receipts
<br /> and evidence of expenditures made and secured by tnis Deed of Trust as Trustee may require. �
<br /> (a) Upon receipt of such no'tice firom Lender,Trustee shall cause to be recorded, published and delivered
<br /> to Trustor such Notice of Default and Notice ofi Sale as then required by iaw 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 Default and after Notice of Sale 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, eithe�r as a whole, or in
<br /> - separate lots or parcels or items as Trustee shail deern expedient, and in such order as it may determine,
<br /> at public auction to the highest bidder fot 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 wiYhoui any covenant or warranty, express or impiied. The
<br /> recitals in such deed of any matters or facts shail be conclusive proof ofi the truthfulness thereof. Any
<br /> person, including without limitation Trustor, Trustee, or Lender, may purchase at such sale�.
<br /> (b) As may 6e permitted by law, after deducting at! costs, fees and expenses of Trustee and of ihis
<br /> Trust,including costs of evidence of title in connection with saie,Trustee shall apply the proceeds ofi sale
<br /> Yo paymen.t of ('v) ali sums expended under the terms of this Deed of Trust or uncier the terms of the Note
<br /> not then repaid, inciuding but not limited to accrued interest and late charges, (ii} all other sums then
<br /> secured hereby, and (iii) the remainder, if any,to the person or persons legally entitled thereto..
<br /> (c) Trustee may in the manner provided by law postpone sale of all or any portion of the Property.
<br /> Remedies Not Exclusive. Trustee and Lender, and each of them, shall be enfitled to enforce payment and
<br /> performance of any indebtedness or obligations secured by this Deed of 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 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 [his 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 affect Trustee's or Lender's right to realize upon or enforce any other security now or he�eaftet neld by
<br /> Trustee or Lender, it being agreed that Trustee and Lender, and each of them,shall be entitled to eoforce this Deed
<br /> of Trust and any other security now or herearter held by Lender or Trustee in such order anci manner as they or
<br /> either of them may in their absolute discretion determine. No remedy confierred upon or reserved to Trustee or
<br /> Lender, is intended to be exclusive 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 ofi Trust or now or
<br /> hereafter existing at iaw 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 incansistent remedies. Nothing in this Deed of Trusi shall be construed as
<br /> pron�ibiting Lender from seeking a deficiency judgment against the Trustor to tne exten�t such action is permitted by
<br /> law.
<br /> Election of Remedies. All of Lender`s rights and remedies will be cumulative and may be exercised alone or
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