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201210844
<br /> DEED OF TRUST
<br /> Loan No: 'i21 (Continued) Page 5
<br /> proceeding,self-help,repossession or any other method,by any creditor of Trustor or by any govemmental agency
<br /> against any property seeuring the Indebtedness: This includes a gamishment of any of Trustor's accounts,
<br /> including deposit accounts,with Lender. However,this Event of Default shall not apply if there is a good faith
<br /> dispute by Trustor as to the validity or reasonableness or the claim which is the basis of the creditor or forfeiture
<br /> proceeding and if Trustor gives Lender written notice of the creditor or forfeiture proceeding and deposits with
<br /> Lender monies or a surety bond for the creditor or forfeiture proceeding,in an amount determined by Lender,in its
<br /> sole discretion,as being an atlequate reserve or bond for the dispute.
<br /> Breach of 02her Agreement. Any breach by Trusmr under the terms of any other agreement between Trustot and
<br /> Lender that is not remedied within any grace period provided therein, induding without limitation any agreement
<br /> concerning any indebtedness or other obligation of Trustor to Lender,whether existing now or later.
<br /> Events AifiecYing Guarantor: Any of the preceding events occurs wiYh 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 liability
<br /> under,any Guaranty of the Indebtedness.
<br /> Adverse Change. A material adverse change occurs in Trustor's financial condiiion, or Lender believes the
<br /> prospect of payment or pertormance of the Indebtedness is impaired.
<br /> Insecurity. Lender in good faith believes itseif insecure.
<br /> RIGHTS AND REMEDIES ON DEPAULT. If an Event of Default occurs under this Deed of Trust,at any time thereafter,
<br /> Trustee or Lender may exercise any one or more of the following rights and remedies:
<br /> Acceleratian 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 shail 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 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 acts which it
<br /> deems necessary or desirable to preserve the value,marketability or rentability of tne 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 aoply the same, less
<br /> cosis 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 coliection 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 invafidate 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,induding the right to exercise the power of sale;
<br /> fb) Commence an action to foreclose this Deed of Trust as a mortgage,appoint a recei�er or specifically
<br /> enforce any of the covenants hereof;and �
<br /> �c? Deliver To Trustee a written declaration ofi default and demand for sale and a written notice of default
<br /> and election to cause Trustor's interesi in the Property to be sald,which notice Trustee shall cause to be
<br /> duly filed fior record in the appropriate offices oi 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 ali the rights and remedies
<br /> of a secured party under the Nebraska Uniform 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 /> (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 law and by Yhis Deed of Trust.
<br /> Trustee shall, without demand on Trustor, after such time as may then be required by law and afrer
<br /> recordation of such Notice of Default and after Notice of Sa4e 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 6idder for cash in lawful money of the Ur,ited 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, bu#witnout any covenant 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 T�ust or under Yhe terms of the Note
<br /> not then repaid, including but not limited to accrued interest and late charges, (ii) all other sums ihen
<br /> secured hereby,and (iii)the remainder,if any,to the person or persons legally entitled thereYo.
<br /> (c) Trustee may in the manner provided by law postpone saie of all or any portion of the Property.
<br /> Remedies Not F�cclusive. Trustee and Lender; and each of them, shall be entitled to enforce payment and
<br /> performance of any indebYedness 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 hePeafter 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 Lender,it being agreed that Trustee and Lender;and each of them,shall be entitled to enforce this Deetl
<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 a6solute discretion determine. No remedy conferted upon or reserved to Trustee or
<br /> Lender,is intended to be excl�usive of any other remedy in this Deed of Trus't or by law provided or permitted,but
<br /> each shall he cumulative and shali he in addition to every oiher remedy given in this Deed of Trust or now or
<br /> hereafter exesting at law or in equity or by statute. Every power or remedy given hy 2he Note or any of the Related
<br /> Documents to Trustee or Lender or to which either of them may bs otherwise entitled, may be exercised,
<br /> concurrently or independently,from time m 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
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