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201209697
<br /> DEED OF TRUST
<br /> Loan No: 10004668 (Con$inUed� Page 5
<br /> Borrower`s or Trustor's property in which Lender has a lien. This includes taki�g of,gamishing of or levying on
<br /> Borrower's or Trustor's accounts with Lender. However,if Borrower or Trustor disputes.in good faith whether the
<br /> daim on which the taking of the Property is based is valid or reasonable,and if Borrower or Trustor gives Lender
<br /> written notice of the claim and fumishes Lender with monies or a surety bond satisfactory to Lender to satisfy the
<br /> daim,then this defauit provision will.not apply.
<br /> Breach of Other Agreement. Any breach by Borrower or Trustor under the terms of any other agreement between
<br /> Borrower or Trustor and Lender that is not remedied within any grace period provided therein, i�cludi�g without
<br /> limitation any agreement concerning any indebtedness or other obligation of 8orrower or Trustor to Lender,
<br /> whether existing now or later.
<br /> Events Affecting Guarantor. Any oi the preceding 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 �isputes the vaiidity- of, or liability under, any Guaranty of the
<br /> indelitedness.
<br /> Inseburity. Lender in good faith believes itseff insecure.
<br /> 6cisting Indebtedness. The payment of any installment of principal or any 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 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 foreclose any existing lien on the Property.
<br /> Right to Cure. If any defauli,other than 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 vdithin the preceding twelve(12)months,it may be cured if
<br /> Trustor, after Lender sends written notice to Borrower demanding cure of such default: (1) cures Yhe default
<br /> within twenty(20)days;or (2) if the cure requires more than twenty(20)days,immediatety initiates steps which
<br /> Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter contlnues and
<br /> completes all 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 /> Trustee or Le�der 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 ali Indebtedness secured by ttris Deed of Trust to be due and payable and
<br /> the same shall thereupon become due and payabfe without any presentment,demand,protest or notice of any
<br /> kind. Thereafter,Lender may:
<br /> (a) Either in person or by agent, with or without brirtging any action or proceedi�g, 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 the Property,or any part thereof,in its own name or in the name of Trustee,and do any acis 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 Yhe 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 the
<br /> rents, issues and profits of 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 Desd
<br /> of Ttust, all in such order as Lender may determine. The entering upon antl taking possession of 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,Trustee or Lender shall
<br /> be entitled to exercise every right provided for in the Note or the Related Documents or by law upon the
<br /> occurrence of any event of default,including the rigM to exercise the power of sale;
<br /> (b} Comme�ce an action to foreclose this Deed of Trust as a mortgage,appoint a receiver or specifically
<br /> enforce any of the covenants hereof;and
<br /> (c) Deliver to Trustee a written declaration of default 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 shall 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 all the rights and remedies
<br /> of a secured party under the Nebraska Uniform Commercial Code.
<br /> Poreclosure 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 deposiY with Trustee this Deed of 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 recorded,published and delivered
<br /> io 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 /> recardation of such Notice of Default and after Notice of Sale having been given as requi�ed by iaw,sell
<br /> the Property at the time and place of sale fixed by it in such Notice o7 Sale, either as a whole, or in
<br /> separate lots or parcels or items as Trustee shall deem expedient,and ir sucli order as ii may determine,
<br /> a�t pu6lic auction to the highest bidder for cash in lawiul money of the llnited 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, 6ut without any covenant or warranty, ezpress 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, fees and expenses of Trustee and of this
<br /> Trust,including costs of evidence of title in connection with sale,Trustee shall apply the proceeds of sale
<br /> to payment of (i)all sums expended under the terms of this Deed of Trust or under the terms of the Note
<br /> nar then repaid,inciuding but not limited to accrued interest and late charges, (ii) all other sums then
<br /> � secured hereby,and (�ii)the remainder,i#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 ihem, shall be entitled to enforce payment and
<br /> performar,ce of any indebtedness or obligations secured by this Deed of Trust and to exercise alf rights and powers
<br /> under this Deed of Trusi, 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 ohligations secured by
<br /> this Deed of Trust may now or hereafter be otherwise secured,whether by mortgage,deed of trust,pl.edge, 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 affect Trustee's or Lender's right to realize upon or enforce any arher 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 of them may in their absolute discretion determine. No remedy conferred upon or reserved to Trustee or
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