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201210553
<br /> DEED OF TRUST
<br /> Loan No: 10004825 (COntIIIUeC�) Page 5
<br /> Borrower's or Trustor's property in which Lender has a lien. This includes taking of, garnishing 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 /> claim on which the taking of the Property is based is valid or reason�ble, and if Eorrower 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 /> claim, then this default provision will not apply.
<br /> Breach of Other Agreement_ Any breach by Borrower or Trustor under the terms of any other agreemenY between
<br /> Borrower or Trustor and Lender that is not remedied within any c�race period provided tnerein, including wfthout
<br /> limitation any agreement concerning any indebtedness or other obligation of Borrower or Trustor ic Lender,
<br /> whether existing now or later.
<br /> Events Affecting Guarantor. Any of 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 b�comes incompetent, or revokes or disputes the valitlity of, or liabi.lity under, any Guaranty of the
<br /> Indebtedness.
<br /> Insecurity. Lend�er in good faith believes itself insecure.
<br /> Existing Indebtedness. The payment of any installment of principal or any interest on the ExisYing indebtedness is
<br /> not made within the time required by the promissory note evidencing such indebtedness, or a default occurs under
<br /> the instrumen[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 fioreclose any existing lien on the Property.
<br /> Right to Cure. !f any default, other than a default in payment is curabie 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 (12) months, it may be cured if
<br /> Trustor, after Lende� sends writte�n notice to Borrower demanding cure of such defiault: {�) �cures the cfefauft
<br /> within twenYy (20) days; or (2} if the cure requires more than Ywenty (20) days, immediately initiates steps which
<br /> Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continucs 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 timc thereafter,
<br /> Trustee or Lender may exercise any one or more of the following rights and remedies:
<br /> Acceleration Upon Defauk: Additional Remedies. If any Event of Default occurs as per ihe terms of the Note
<br /> secured hereby, Lender may declare all Indebtedness secured by this Deed of Trust m be due and payabie and
<br /> 'the same shal!thereupon become due and payable without any presentment, demand, protest or notice ofi 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 receover
<br /> appointed by a court and without eegard to the adequacy of iYs security, enter upon and take possession
<br /> of the Property, or any par't thereof, in its own name or in the name of Trustee, and do any acts which iE
<br /> deems necessary or desirable to pYeserve the vaiue, marketability or rentabili:y of the Property, or part of
<br /> the Pro�erty or interest in the Property; increase The income from the Properiy or prncect the security of
<br /> the Property; and, with or without tal<ing 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 coliection attorneys' fees, to any indebtedness secured by this Deed
<br /> of Trust, ail in such order as Lender may determine. The entering upon and 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 o�F default under this Deed of Trust or invaliciate any act done in response to
<br /> such default o�pursuant to such notice of defiault; and, notwithstanding the continuance in possessiort of
<br /> the Property or the collection, receipt and application of rents, issues or profits, Trustee or Lender shall
<br /> be entitled Yo exercise every right provided for in the Note or the Related D�ocuments or by!aw upon Lhe
<br /> occurrence of any event of defiault, including the^right to exercise the power of sale;
<br /> (b) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver or speciFically
<br /> enforoe any ofi the covenants F�ereof; and
<br /> (c) Deliver to Trustee a written declaration of default and demand for sale and a written notice of default
<br /> and ele:cYion to cause Trustor's interest in the Property to be sold, which notice Trustee shall cause Yo be
<br /> duly filed fior record in the appropriate offices of the County in which the Prope�rty is located; and
<br /> (d} With respect to all or any part of the Personal Property, Lender shall have all Che rights and remedies
<br /> of a secured party under the Ne6raska Uniform Commercial Code.
<br /> Foreclosure by Power of Sale. If Lender elects to fioreclose by exerci�se of the Power of Sale herein contained,
<br /> Lender shall notiiy Trustee and shall deposit with Trustee this Deed of Trust and the Note and such receipts
<br /> and evidence of expendiiures made and secured by this Deed of Trust as Trustee may require.
<br /> (a3 Upon recei�pt of such notice from Lender,Trustee shafl cause to be recorded, published and delivered
<br /> to Trustor sudi Notice of Default and I�➢otice of Sale as then required by !aw and by this Deed of Trust,
<br /> Trustee shall, wiihout demand on Trustor, after such time as may then be required by law and after
<br /> recordat�on of sueh Notice of Default and after Noiice of Sale having been given as required by law�, sell
<br /> the Property at the time and place ofi sale fixed by it in sucn Notice of Sale, ei�her as a whole, or in
<br /> separate lots or parcels or items as Trustee snall deem expedient, and in such order as it may determine,
<br /> at public auction to the hic�hest bidder fior casn in lawful money of the United States payable at ihe tirne
<br /> of sale. Trustee snall deiiver to such purenaser or purchasers thereof its good and sufiFicient deed or
<br /> deeds conveying tne property so sold, but without any covenant or warraniy, express or implied. The
<br /> recitals in such deed of any mattcrs or facts shall be conclusive proof of the truthfulness thereof. Any
<br /> person, including without limitation Trustor,Trustee., or Lender, may purohase al:such sale.
<br /> (b) As may ue permitied by law, after deducting all costs, fees and expenses of Trustee and of this
<br /> Trust, inciuding costs of evidence of title in connection with sale, Trustee shali appfy the proceeds of sale
<br /> to payment of (i) aFl sums expended under the terms.ofi this Deed of Trust or under the terms of che Note
<br /> not Yhen repaid, including but not lirnited to accrued. i�nterest and late charges, {[i) all other sums then
<br /> secured herepy, and (iii} the remainder, if any, to the person or persons iegally entitled�thereto.
<br /> (c) Tr�stee may in the manner provided by law postpone sale of all or any portion ofi ihe Property.
<br /> Remedies Not Exclusive. Trustee and Lender, and each of them, shall be entitled to enforce payment and
<br /> performance of any indebtedness or obligations secured by this Deed oF Trust and Yo exercise all rights and powers
<br /> under this Deed of Trust, und.er the Note, under any oP the Relatcd Documenfs, 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 o'f Trust may now or hereafter be otherwise secured, whether by mortgaye, deed of trust, pledge, lien,
<br /> assignment or otherwise. Neither the acceptance of this Deed ofi Trust nor its enforcement, whether by court
<br /> action or pursuant to the power of sale or otheY powers contained in this Deed ofi 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 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 /> eitfier of them may in tReir absolute discretion determine: No remedy conferred upon or reservecV to Trustea or
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