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201210369
<br /> DEED OF TRUST
<br /> Loan No_ 81001726 (C011ttrlUed) Page 5
<br /> time and for any reason.
<br /> Death or Insolvency. The death of Borrower or Trustor, the insolvency of Borrower or Trustor, the appointment of
<br /> a receiver for any part of Borrower's or Trustor's property, any assignment for the benefit of creditors, any type of
<br /> creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against
<br /> Borrower or Trustor.
<br /> Creditor or Forfeiture Proceedings. Commencement of foreclosure or fiorfeiture proceedings, whether by judicial
<br /> proceeding, selfi-help, repossession or any other method, by any creditor of Borrower or Trustor or by any
<br /> governmental agency against any property securing the Indebtedness. This includes a garnishment ofi any ofi
<br /> Borrower's or Trustor's accounts, including deposit accounts, with Lender. However, this Event of Default shall
<br /> not apply if there is a good faith dispute by Borrower or Trustor as ro the validity or reasonableness of the claim
<br /> which is the basis of the creditor or forfeiture proceeding and if Borrower or Trustor gives Lender written notice of
<br /> the creditor or forfe.iture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture
<br /> proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the
<br /> dispute.
<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, induding without
<br /> limitation any agreement concerning any indebtedness or other obligation of Borrower or Trustor to Lender,
<br /> whether existing now or later.
<br /> Events AfiFecting Guarantor_ Any of the preceding events occurs witFi respect to any Guarantor of any of tFie
<br /> Indebtedness or any Guarantor dies or becomes incompetent, or revokes or disputes the validity ofi, or liability
<br /> under, any Guaranty of the Indebtedness.
<br /> Adverse Change. A material adverse change occurs in Borrower's or Trustor's financial condition, or Lender
<br /> believes the prospect of payment or performance of Yhe Indebtedness is impaired.
<br /> Insecurity, Lender in good faith believes itself insecure.
<br /> RIGHTS AND REMEDIES ON D�EFAULT. If an Event of Default occurs under this Deed of Trust, aY any time thereafter,
<br /> Trustee or Lender may exercise any one or more of the following rights and remedies:
<br /> Acceleration Upon Default;Additeonal Remedies. If any Event of Default occurs as per the terms of tne Note
<br /> secured hereby, Lender may declare a❑ Indebtedness secured by this Deed of Trust to be due and payable and
<br /> the same shall thereupon become due and payable 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 bringing any action or proceeding, or by a receiver
<br /> appointed by a court and without�egard 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 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 the security of
<br /> the Property, and, with or without taking possession of the Property, sue fior 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 Deed
<br /> of Trust, all in such order as Lender may determine. The entering upon and taking possession ofi the
<br /> Property, tne collection of sucf� rents, issues and profits, and the a.pplication thereof shall not cure or
<br /> waive any default or notice of defiault under this Deed of Trust or invalidate any aci done in response to
<br /> such default or pursuant to such notice ofi default; and, notwithstanding the continuance in possession of
<br /> the Property or the collection, receipt and application of rents, issues or profits, Trustee ot Lender shall
<br /> be entitled to exercise every right ptovided for in the Note or the Related Doc.uments or by law upon the
<br /> occurrence of any event ofi default,induding the right to exercise the power of sale;
<br /> (b) Commence an action to fioreclose this Deed ofi 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 defauk 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 appropriaie offices of the County in which the Property is located; and
<br /> (d) Witn respect to aIl 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 /> Foredosure by Power of Sale. If Lender elects to foreclose by exercise of ihe Power of Sale herein contained,
<br /> Lender shall notify Trustee and shall deposit with Trustee this Deed of Trust and the Note and such receipts
<br /> and evidence of expenditures made and secured by this Deed ofi Trust as Trustee may require.
<br /> (a) Upon receipt of 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 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, 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 Iawful money of the UniYed Siates payable at the time
<br /> of sale. Trustee shali deliver to such purchaser or purchasers thereof its good and sufficient deed or
<br /> deeds conveying the property so sold, but wiYhout any covenanti or warranty, express or implied. The
<br /> recitals in such deed of any matters or facts shall be conclusive proof ofi the ttuthfulness thereofi. Any
<br /> person, including without limitation Trustor,Trustee,or Lender, may purchase at such sale.
<br /> (b) As may be permitted by Iaw, after deducting all costs, fees and expenses ofi 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 paymenY of (i) all sums expended under the 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, (ii) all other sums then
<br /> secured hereby, and (iii) the remainder,if any,to the person or persons legally entitled thereto.
<br /> (c) Ttustee 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 eniitled to enforce payment and
<br /> performance of any indebtedness or obligations secured by tfiis 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 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 other security now or hereafter held by
<br /> Trustee or Lentler, it being agreed that Trustee and Lender, and each of them, shall be entiitled to enforce this Deed
<br /> of Trust and any other security now or hereafter neld by Lender or Trustee in such order and manner as they or
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