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201210678
<br /> DEED OF TRUST
<br /> Loan No: 81001791 (COntinUed) Page 5
<br /> proceeding and if Trustor gives Lender written notice ofi the creditor or forfeiture proceeding and deposits with
<br /> Lender monies or a surety bond for the creditor or fiorfeiture proceeding, in an amount determined by Lender, in its
<br /> sole discretion, as being an adequeie reserve or bond for the dispute.
<br /> Breach of Other Agreement. Any breach by Trustor under the terms of any other agreement between Trustor and.
<br /> Lender thaY is not remedied within any grace period provided therein, including without limitation any agreement
<br /> , concerning any indebtedness or otner obtigation of Trustor to Lender, whetiher existing now or later.
<br /> Events Affecting Guarantor_ Any of the preceding events occurs with �espect to any guarantor, endorser, surety,
<br /> � oY 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, or liability under, any Guaranty of tne
<br /> Inde6tedness_
<br /> Adverse Change. A material adverse change occurs in Trustor's financial condition, or Lender believes the
<br /> prospect of 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 ofi Trust, at any time thereafter,
<br /> � Trustee or Lender may exercise any one or more of the following rights and Yemedfes:
<br /> Acceleration Upon Default;Additional Remedies. If any Event of Default occurs as per the te.rms of tne Note
<br /> secured hereby, Lender may dedare aIl Indebtedness secured by this Deed of Trust to be due and payable�and
<br /> the same shall thereupon become due and payable without any peesentme�.nt, demand, protest or notice of any
<br /> kind. Thereafter, Lender may:
<br /> (a) Eitner 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 the Property, or any part thereof, in its own neme 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 i�ncome 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, incl�uding those past due and unpaid, and apply the same, less
<br /> costs and expenses of operatidn 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, the cotlection 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 ofi
<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 Yhe
<br /> occurrence of any event of defauh, including the �ight 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 /> enforce any of the covenants hereof; and
<br /> (c) Deliver to Trustee a written declaration of defauli and damand 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 fior record in the appropriate offices of the Gounty in which fhe Property is located; and
<br /> (d) With respect to alI or any part of the Personal Property, Lender shall have all the rights and remedies
<br /> ofi a secured party under the Nebraska llniform Commercial Code.
<br /> Foreclosure by Power of Sale_ If Lender elects to foredose�by exercise of the Power of Sale herein contained,
<br /> Lender snall notify Trustee and shall deposit with Trustee this Deed of Trust and the Note a:nd such receipts
<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 ofi Default and Notice ofi 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 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 paroels 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 ofi the United 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, but without any covenant or warranty, express or implied. The
<br /> recitals in such deed of any matters or facts shail be conclusive proof of the truthfulness thereofi. 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, 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 ofi 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) 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 them, shall be entitled to enfiorce payment and
<br /> performance of any indebtedness or obligations secured by this Deed of Trust and to exercise afl 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 Iaws now or hereafter in force; notwithstanding, some�or aIl 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 a-Ffect Trustee's or Lender's right to realize upon or enfiorce 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 /> eithet of them may in their absolute d�iscretion determine. No remedy conferred upon or reserved to Trustee or
<br /> Lender, is intended to be exclusive of any other remedy in this 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 stawte. 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 6e 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 of them may pursue inconsistent remedies. Nothing in this Deed of Trust shall be construed as
<br /> prohibiting Lender from seeking a deficiency judgment against the Trustor to the extent such action is permitted by
<br /> law. Election by Lender to� pursue any remedy shall not exclude pursuit 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 /> failure to perform, shall not affect 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 of any Notice of Default
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