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, ' 201209429
<br /> j DEED OF TRUST
<br /> Loan No: 90004528 (Continued) Page 5
<br /> Borrower's or Trustor's accounts with Lender. However,if Borrower or Trustor disputes in good faith whether ihe
<br /> claim on which the taking of the Property is based is valid or reasonable,'and if Borrower or Trustor gives Le�der
<br /> written notice of the claim and furnishes Lender with monies or a surety bond satisfactory to Lender to satisfy the
<br /> claim,then this default provision will not apply.
<br /> Breach of Other Agreement. A�y breach.6y Borrower or Trustor under ihe terms of any othee agreement between
<br /> Borrower or Trustor and Lender that is not remedied within any�race period provided therein, including without
<br /> limitation any agreement concerning any indebtedness or other obiiaation of Borrower or Trustor to Lender,
<br /> whether existing�ow or fater.
<br /> Events Affecting Guarantor. Any of the precading events occurs with respect to any guarantor,endorser,surety,
<br /> or accommodation party of any of the Indebtedness or any guarantor, endorser,surety, or accommodation party
<br /> dies or becomes incompetent, or revokes or disputes the validity of, br liability under, any Guaranty of the
<br /> Indehtedness.
<br /> Insecurity. Lender in good faith believes itself insecure.
<br /> Existing Indebtedness. The payment of any instaliment of principal or a�y interest on the Existing Indebtedness is
<br /> not made within the time required by the promissory note evidencing such indebtedness,or a default occurs under
<br /> the instrument securina such indebtedness and is not cured during any applicable grace period in such insVument,
<br /> or any suit or other acYion is commenced to foreclose any existing lien on the Properiy.
<br /> Right to Cure. If any default,other than a default in payment is curabie and if Trustor has c�ot been given a notice
<br /> of a breach of ihe same provision of±his Deed of?rust within 2he preced"mg twelve(12)months,it may be cured i�F
<br /> Trustor, after Lender sends written notice to Borrower demanding cure o�such default: (1) cures the default
<br /> wrthin twenty(20)days;or (2) if the cure requires more than tuventy(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 all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical.
<br /> RIGHTS AND REMEDIES ON DEFqULT. If an Event of Default occurs under tHis Deed of Trust,at any time thereafter,
<br /> Trustee or Lender may exercise any one or more of the following righ[s and remedies:
<br /> Acceleration Upon Defaultt Additional Remedies. If any Event of Default occurs as per the terms of the Note
<br /> secured hereby,Lender may declare all Indebtedness secured by this Deed of Trust to be due and payable and
<br /> the same shall thereupon become due and payabie wi'thout any presentment,demand,protest or notice of any
<br /> kind. Thereafter,Lender may: i
<br /> (a) Either in person or by agent, with or wi�hout bringing any action o� prnceeding, or by a receiver
<br /> appointed by a court and without regard to the adequacy of its security,znter 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 whicF it
<br /> deems necessary or desirable m preserve the value,marketability or rentabiliry of the Property,or part of
<br /> fhe ProperFy or interest in Yhe Property;increase the income from the Propeety or protect the security of
<br /> the Property; and, with or without taking possession of the Properry, sue for ot otherwise collect ihe
<br /> rents, issues and profits of the Property,including ihose 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, allin such order as Lender may determine. The enteri.ng upon and taking possession o�f the
<br /> Property,the collection of such rents, issues and profits, and the application 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 collection,receipt and application of rents,issues or profits,Teustee ot Lender sfiail
<br /> be entitled to exercise every right provided for in the fVote or the Related Documents or by law upon the
<br /> occurrence of any event of default,inciuding the righi to exercise�the power of sale;
<br /> lb7 Commence an action to foreclose this Deed o;Trust as a.mortgage,appoint a receiver or specifieal�ly
<br /> enforce any of the covenants hereof;and
<br /> (c)� Deliver to Trustee a written declaration of defaWt and demard fcr sale and a written notice of default
<br /> and election to cause Trustor's interest in the Property to be sold,which notice Trustee shatl cause to be
<br /> duly filed for rewrd in the appropriate offices of the County in which the Property is located;and
<br /> (d1 With respect to all or any part of the Personal Property,Lender shall have all the rights and remedies
<br /> of a secured party under the Nebrasl<a.Uniform Commercial Code,
<br /> Foreclosure by Power of Sale. If Lender elects�to foreclose by exercise of the Power of Sale herein contained,
<br /> Lender shall notify Trustee and shall deposit with Trustee this Deed of TrusY 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 shail.cause to be recorded,publisned and delivered
<br /> Yo Trustor such Notice of Default and Notice of�ale as then requireci by iaw and by this Deed of Trust.
<br /> T.rustee shall, without demand on Trustor, after such time as'may ther be rzguired by law and after
<br /> recordation of such Notice of Default and af[er Notice of Sale having been given as required 6y 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 determine,
<br /> at public auction to the highest bidder for cash in lawful money of the United SYates payable at the time
<br /> of sale. Trustee shall deliver to such purchaser or purchasersithereof its good and sufficient deed o�
<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 /> fb) As may be permitted by law, after deducting all costs, fees and expenses of Trustee and of this
<br /> Trust,including costs of evidence of title in connection with sale,.Trustee shail apply the proceeds of sale
<br /> to payment of {i)all sums expended under the rerms of this Deed of Trust or under the terms of the Noce
<br /> not fhen repaid, inclutling but not limited to accrued interest and late charges, (ii) all other sums ihen
<br /> secured hereby,and (iii)the remainde�,if any,to the person or persons legaliy entitied thereto.
<br /> ic) Trustee may in the manner providea by law postpone sale of all or any portion of the Property.
<br /> Remedies Not 6cclusive. Trustee and Lender, and each of them, shall be entitled Yo enforce paymeni and
<br /> performance of any indebtedness or obligations secured by this Deed of Trust and to exercise ail rights and powers
<br /> under this Deed of Trust, untler the Note,under any of the Related Documents,or under any other agreement or
<br /> any laws now or hereafter in force;notwithstantling,some or all of such�indebtedness and obligations secured hy
<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 Yhe 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,shalf 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,shal!ne entitled to enforce this Deed
<br /> oi Trust and any other securty now or hereafter held by Lender or Trusxee in such order and manner as they or
<br /> either oi them may in their�bsolute discretion determire. No remedy conferred��upon or reserved to Trustee or
<br /> Lender,is intended 2o be exclusive of any bther remedy in this Deed af Trusi or by law provided or permitted,but
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