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201208792
<br /> DEED OF TRIDST
<br /> . Loan No: 10004387 (Continuedl) Page 5
<br /> Insecurity, Lender in good faith believes itself insecure.
<br /> Existing Indebtedness. The payment of any installment of principai or any interest on the Existing Indebtedness is
<br /> not made within the time required by the promissory note evic9encing such indebtedness, or a default occurs under
<br /> the Instrument securing sueh indebtedness and is not cured during any appiicable grace period in such instrument,
<br /> or any suit or other action is cornmenced to foreclose any exis4ing lien on the Property.
<br /> Right to Cure. If any defauli, other ihan a default in payment is curable and if Trustor has not been given a notice
<br /> of a breach of the same provision of this Deed of Trust within the preceding twelve (7 2) months, it may be cured if
<br /> Trustor, afiter Lender sends written notice to Trustor demanding cure of sucn defiault ("I) cures the defauit within �
<br /> twenty (20t 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 su'Pficient to cure �ne default and thereafter continues and
<br /> completes all reasonable and necessary steps sufiTici�.enY to produce compliance as soon as reasonably practical.
<br /> RIGHTS AND REMEDIES ON DEFAULT. ff an Event ofi Default occurs under this Deed of Trust, at any time thereaf'ter,
<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 of Default occurs as per the terms of the Note
<br /> secured hereby, Lender may declare all Indebtedness secu�ed-by this Deed of Trust to 6e due and payabie and
<br /> the same shall thereupon become due and payable withotnt any presentment, demand, protesT or noYice of any
<br /> kind. Thereafter, Lender may:
<br /> (a) Either in person or by agent, with or without mringing 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 [a.ke 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 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 tne security of
<br /> the Property; and, witn or without taking possession. of the Property, sue fior or otherwise collect the
<br /> rents, issues and profits ofi the Property, i��ncluding those past due and unpaid, and apply ihe same, iess
<br /> costs and expenses of operation and coliection attorneys'fiees,to any indebtedness secured by this Deed
<br /> of Trust, all in such order as Lender may determine. The entering upon anci taking possession of the
<br /> Property, the coliection of such rents, issues and profits,. and the appiication thereof shall not cure or
<br /> waive any default or notice of default 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 colleetion, receipt and application of rents, issues or profits, Trustee or Lender shall
<br /> be eniitled to exercise every right provided fior in the Note or the Related Documents or by law upon the
<br /> occurrence of any event of defiaulrt, inc4uding the right to exercise the power of sale;
<br /> (b) Commence an action to fioreclose this Deed ofi Tu�ust as a mortgage, appoint a receiuer or specifically
<br /> enforce any of the covenants hereof; and
<br /> (c) Deliver to Trustee a written declaration of default and demand foe sale and a wriiten notice ofi defiauit
<br /> and election to cause Trustor's interest in the Properiy to be sold, which natice Trustee sF�ali cause to be
<br /> duly filed for record in the appropriate offices of the County in which the Property is located; and
<br /> (d) With respect to all or any part of the Personal Property; Lender shall have alF the rights and remedies
<br /> of a secured party under the Nebraska Unifiorm Commercial Code_
<br /> Foredosure by Power of Sale. If Lender elects to foreclose by exercise of the Power ofi Sale herein contained,
<br /> Lender shall notifiy Trustee and shall deposit with Trustee this Deed ofi Trust and the Note and such receipts
<br /> and evidence of expenditures made and secured by this Deed of Trust as Trustee may require.
<br /> (a) Upon receipt of such notice from Lender,Trustee shall cause to be record�.ed, Published and delivered
<br /> to Trustor such Notice of Defiault and Notice of Sale as then required by law and by this Deed of Trust.
<br /> Trustee shali, 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 o# Sale having Been given as required by iaw, sell
<br /> the Property at the time and place of sale f�ed by it in such Notice of Sale, either as a whole, or in
<br /> separaCe lots or parcels or items as Trusfee shall deem expedient, and in such order as ot may determ�ine,
<br /> at public auction.to the highest bidder fior cash in lawfui money of the UnFted States payable aY the time
<br /> of sale. Trustee shall deliver to such purchaser or purchasers thereofi its good. and sufficient deed or
<br /> deeds conveying the property so sold, but without any covenant or warranty, express ar implied. The
<br /> recitais in such deed of any matters or facts shall b�e concl:usive proof of the trutnfulness thereof. Any
<br /> person, including without limitation TrusYor, Trustee, or Lender, may purchase at such sale...
<br /> (b) As may be permitted by law, after deducting all costs, fees and expenses of Trusiee and ofi this
<br /> Trust, inciuding costs ofi evidence of Yitle in connection with sale,Trustee shall apply the proceeds of sale
<br /> to payment of (i) all sums expended under the Yerms of this Deed of Trust or under the terms of the Note
<br /> not tnen repaid, i.ncluding but not limited to accrued interest. and late charges, (ii) all other sums then
<br /> secured hereby, and (i�ii�) the �emainder, if any,to the person or petsons legally entitled thereto.
<br /> (c) Trustee may in the manner provid�ed 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 entitled to enforce paymenY and
<br /> performance of any inde6�tedness or obligations secureci 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; noiwithstanding, some or all of such indebtedness.and obligations secured by
<br /> this Deed of TrusY may now or hereafter be otherwise secured, whether by mortgage, deed of trust, 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 irt this Deed of TrusU shall prejudice or in any
<br /> manner affect Trustee's or Lender's right ro realize upon or enforce any other security now or hereafter held by
<br /> Trustee or Lender, it being agreed that Trustee and Lender; and each of them, shall be entitled 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 ofi them may in their absoluYe discretion deiermine. No remedy confetred upon or reserved to Trustee or
<br /> Ler.der, is inYended to be exclusive of any other remedy in this Deed of Trust or by law provided or perrnitted, but
<br /> ' each shall be cumulative and shall be in addition to every o�her remedy given�in this Deed of Trusi or now or
<br /> nereafiter 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 exerc�sed,
<br /> concurrently or independently, from ti:me to time and as o'Ften as may be deemed expedient by 3rustee or Lender,
<br /> and either of them may pursue inconsistent remedies. Nothing in this Deed of Trust shatl be construed as
<br /> prohibivng Lender from seeking a defi:ciency judgment against the Trustor to the exteni 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
<br /> together. If Lender decides to spend money or to perform any of Trustor's obligations under this Deed of Trust,
<br /> aFter Trustor's fiailure to do so, thaY decision by Lender will not afifect Lender's right to declare Trustor in default
<br /> and to exercise Lender's remedies.
<br /> RequesY for Notice. Trustor, on behalfi of Trustor and Lender, G�ereby requests that a copy of any Notice of Default
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