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201209229
<br /> DEED OF TRIDST
<br /> Loan No: 81001657 (Continued) Page 5
<br /> Lender that is not remedied within any grace period provided therein, including without limication 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 preceding events occurs with respect to any Guarantor of any of the
<br /> Indebtedness or any Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability
<br /> under,any Guaranty of tne Lndebtedness.
<br /> Adverse Change. A material adverse change occurs in TruStor's financial condition, or Lender believes the
<br /> prospect ofi payment or performance of the Indebtedness is impaired.
<br /> Insecurity. Lender in good faith believes itself insecure.
<br /> RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust, at any time thereafter,
<br /> TrusYee or Lender may exercise any one or more of the following rights and remedies:
<br /> Acceleretion Upon Default:Additional Remedies. If any Event of Default occurs as per the terms of the Note
<br /> secu�ed hereby, Lender may declare aII Indebtedness secvred by this Deed of Trust to be due and payable and
<br /> the same shall thereupon become due and payable without any presentment,. damand or proiest of any kind.
<br /> Thereafter, Lender may:
<br /> (a) Either 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 Yhe 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 p�eserve 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 security of
<br /> the Property; and, with or witnout taking possession ofi the Property, sue for or otherwise collect the
<br /> rents, issues and profits of the Property, including tnose 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, tne collection of such rents, issues and profits, and [he application thereof shall not cure or
<br /> waive any default or notice of defiault under tnis Deed of Trust or invalidate any act done in response to
<br /> such defiault or pursuant to such notice of default; and, notwithstanding the continuance in possession of
<br /> the Property or the collection, receipt and application ofi rents, issues or ptofits, Trustee or Lender shall
<br /> be entitled to exercise every right provided for in the Note or the Related Documents or by law upon Yhe
<br /> occurrence of any event of default,including the right to exercise the power of sale;
<br /> (b) Commence an action to foredose this Deed of Trust as a mortgage, appoint a receiver or specifically
<br /> enfiorce any of the covenants hereof; and
<br /> {c) Deliver to TruStee a written declaration of defauVt and demand for sale and a written notice of default
<br /> and election to cause Trustor's interest in the Property to be sold,which notice Trustee snall cause to be
<br /> duly fiiled for record in the appropriate offices of the County in whi�.ch the Property is located;and
<br /> (d) With respect to aII or any part of tne Personal Property, Lender shall have all the rights and remedies
<br /> of a secured�party under the Nebraska Uniform Comvnercial Code_ .
<br /> Foreclosure by Power of Sale. lf Lender elects to foreclose by exercise of tne Power ofi Sale herein contained,
<br /> Lender shall notify Trustee and.shalJ deposit with Trustee this Deed of Trust and the Note and such receipis
<br /> and evidence of expenditures made and secured by this Deed of Trust as Trustee may require.
<br /> (a) Upon receipt ofi such.notice from Lender,Trustee shall cause to be recorded, published and delivered
<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 after
<br /> recordation of such Notice ofi Defiault and after Notice of Sale having been given as required by Iaw, se❑
<br /> the Property at the time and place ofi sale fixed by it in such Notice ofi Sale, either as a whole, or in
<br /> separate lots or patcels 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 la�wful money of the United Siates payable at the time
<br /> of sale. Trustee shall deliver to such purchaser or purchasers tl�ereof its good and sufficient deed or
<br /> deeds conveying the property so sold, but without any covenant or warranty, express or implied. The
<br /> recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any
<br /> person, including without limitation Trustor,Trustee, or Lender,may purchase at such sale.
<br /> (b) As may be permitted by law,. after deducting all costs, fiees and expenses of Trustee and of this
<br /> Trust,includi�ng costs of evidence of title in connection with sale,Trustee shall apply the proceeds of sale
<br /> io payment of (i) all sums expe.nded under ihe terms of 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, Gi) alf o'ther sums then
<br /> secured hereby, and (iii) the remainder,if any,to the person or persons Iegally 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 Exdusive. Trustee and Lender, and each of them, shafl be entitled to enforce payment and
<br /> � performance of any indebtedness or obligations secured by thus Deed of Trust and to exercise�aII rights and powers
<br /> under tnis 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 oe all of such indebtedness and obligations secured by
<br /> � this Deed of Trust may now or hereafter 6e otherwise secured, whether by mortgage, deed of trust, pledge, lien,
<br /> assignment or otherwi5e. Neither the acceptance of ihis Deed of Trust nor its enforcemenY, whether by court
<br /> action or pursuant to the power of sale or other powers con�rained in Yhis 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 each of them, shall be entitled to enfiorce this Deed
<br /> of Trust and any other security now or nereafter held by Lender or Trustee in such order and manner as they or
<br /> either of them may in their absolute disc�etion determine. No remedy conferred upon or reserved to Trustee or
<br /> Lender, is intended to be exdusive of any other remedy in thas 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 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 ofi them may pursue inconsistent remedies. Nothi�ng in this Deed of Trusi shall be construed as
<br /> prohibiting Lender from seeking a deficiency judgment against the Trustor to the extent such action is permitted by
<br /> Iaw. Election by Lender to pursue any remedy shall not excfude pursuii of any other remedy, and an election to
<br /> make expenditures or to take action to perform an obligation of Trustor under this Deed of Trust, after Trustor's
<br /> fiailure to perform,shall not afifect Lender's right to declare a default and exercise its remedies.
<br /> Request for Notice. Trustor, on behalf of Trustor and Lender, hereby requests that a copy ofi any Notice of Default
<br /> and a copy of any Notice of Sale under this Deed ofi Trust be mailed to them at the addresses set forth in the fiirst
<br /> paragraph ofi this Deed ofi Trust.
<br /> Attorneys' Fees; E�cpenses. If Lender institutes any suiY or action to enforce any of the terms of this Deed of
<br /> Trust, Lender shall be entitled to recover such sum as the covrt may adjudge reasonable as attomeys' fees at trial
<br /> and upon any appeal. Whether or not any court action is involved,. and to the eMent not prohibited by law, all
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