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201210698
<br /> DEED OF TRUST
<br /> Loan No: 81000934 (COfitltlued) Page 5
<br /> concerning any indebtedness or other obligation of Trustor to Lender,whether existing now or later.
<br /> Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the
<br /> Indebtedness or any Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liabiliry
<br /> under,any Guaranty of the IndebYedness. �
<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 AN�REME�IES ON DEFAULT. If an Event of Default occurs under this Deed of Trust,at any time thereafter,
<br /> Trustee or Lender may exercise any one or mare of the folloeving rights a�d 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 all 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 6y a receiver
<br /> appointed by a court and wiihout regard to the adequacy of its security,entee upon and ta.ke 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 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 Deed
<br /> of Trust, allin 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 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 /> he entitled to exercise every right provided for in the Note or the Related Documents or by law upo�the
<br /> occurrence of any event of default,including the right to exercise the power of sale;
<br /> (b) Commence an action to foreclose this�eed 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 defawlt
<br /> antl 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 aIl or any part of the Personal Property,Lender shall have all the rights and remedies
<br /> of a secured party under the NebYaska UnifoYm 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 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 /> (a1 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 law and by this Deed of Trust.
<br /> Trustee shall, without demand on Trustor, after such time as may therz 6e 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 iiems 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 States paya6le 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 covenani 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 /> (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 /> not then repaid,induding but not limited to acerued interest and late charges, (iij all other sums then
<br /> securetl hereby,and (iii)the remainder,if any,to the person or persons legally eMitled 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 enforce payment and
<br /> performance of any indebtedness or obligations secured by this 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 /> man�er 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 Trus2ee 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
<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 6e 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 statute. Every power or remedy given by the Nore or any of the Related
<br /> �ocuments 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 ezpedient by Trustee or Lender,
<br /> and either of Them may pursue inconsiste�t remedies. Nothing in this Deed of Trust shall be consVued 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
<br /> and a copy of any Notice of Sale under this Deed of Trust be mailed to them at the addresses set forth in the first .
<br /> paragraph of this Deed of Trust.
<br /> Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Deed of
<br /> Trust;Lender shall be entitled to recover such sum as the cour[may adjudge reasonable as attorneys'fees at trial
<br /> and upon any appeal. Whether or not any court action is involved, and to the extent not prohibited 6y law,all
<br /> reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its
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