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201210945
<br /> DEED OF TRUST
<br /> Loan No: 81007783 (Continued) Page 5
<br /> Trustor's property, any assignment for the benefit of creditors, any type of creditor workaut, or the
<br /> commencement of any proceeding under any bankruptcy or insolvency laws by or against Trustor.
<br /> Creditor or ForfeiYure Proceedings. Commencement ofi foreclosure or forfeiture proceedings, whether by judiciai
<br /> proceeding; self-help, repossession or any other method, by any creditor of Trustor or by any governmental agency
<br /> against any property securing the Indebtedness. This indudes a garnishment 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 io the validity or reasonableness ofi tne claim which is the basis of the creditor or forfeiture
<br /> proceeding and if Trustor gives Lender written notice ofi tne creditor or forfeiture proceeding and deposits with
<br /> Lender monies or a surety bond for the creditor or forfeitute proceeding, in an amount determined by Lender, in its
<br /> sole discretion, as being an adequate 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 that is not remedied within any grace period provided therein, including without limitation any agreement
<br /> concerning any indebtedness or ofher obtigation of Trusto�r to Lender,whether existing now or later.
<br /> Events Affecting Guarantor. Any ofi the preceding events occurs with respeci to any guarantor, endorser, surety,
<br /> or accommodation party of any ofi the Indebtedness or any guarantor, endorser, surety, or accommodation party
<br /> dies or becomes incompeteni, or revokes or disputes the validity of, or liability under, any Guaranty of the
<br /> Indebtedness.
<br /> Adverse Change. A material adverse change occurs in Trustor's financiai condition, or Lender believes the
<br /> prospect of paymeni or performance of the Indebtedness is impaired.
<br /> Insecurity. Lender in good faith believes itself insecure.
<br /> RBGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed ofi Trust, at any time thereafter,
<br /> TrusYee or Lender may exercise any one or more of the following rights a�d remedies:
<br /> Acceleration Upon Default;Additional Remedies. If any Event of Default oceu�s as per the terms of the Note
<br /> secured hereby, Lender may declare all Indebtedness secured by tt�:is Deed of Trust to be due and payable and
<br /> �. the same shall thereupon become due and payable witnout any presentment; demand or protest of any kind.
<br /> Thereafter, Lender may:
<br /> (a) Either in person or by agent, with or without bringing any action or peoceeding, or by a receiver
<br /> appointed by a court and without regard to the adequacy ofi its security, enter upon and take possession
<br /> of the Property, or any part thereofi, 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 ofi the Property, including those past due and unpaid, and apply the same, less
<br /> costs and expenses ofi operation and collection attomeys' fees,to any indebtedness secured by tnis Deed
<br /> of Trust, all 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 snall not cure or
<br /> waive any default or notice of default under this Deed of Trusi or invalidate any act done in tesponse to
<br /> such default or pursuant to such notice of defauit; and, notwithstanding the continuance in possession of
<br /> the Property or the collection, receipt and application ofi 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 tne
<br /> occurrence of any event of default, 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 /> 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 ofi default
<br /> and election to cause Trustor's inteeest in the Property to be sold, which notice Trustee shall cause to be
<br /> duly filed for record in the appropri.ate offices of the County in.which the Property is located; and
<br /> (d) With respect to all or any part of tne Personal Property, Lender shall have all the righis and remedies
<br /> of a secured party under the Nebraska Uniform 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 and such receipts
<br /> and evidence of expend.itures 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 this Deed of Trust.
<br /> Trustee shall, without demand on Trustor, a'Fter such time as may then be required by law and after
<br /> recordation ofi such Notice of Default and after Notice of Sale having been given as required by Iaw, 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 Iots 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 lawful money of 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 shall be conclusive proof of the truthfulness tF�ereof. 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 a❑ costs, fiees and expenses of Trustee and of this
<br /> Trust, including costs of evidence of title in connection with sale,Trustee shall apply tne 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, including but not IimiYed io accrued interest and late charges, (ii) all other sums tnen
<br /> secured hereby, and (iii)the remainder, if any,to the person or persons Iegally entitled thereto.
<br /> (e) Trustee may in the manner provided by law postpone sale of all or any portion of the Prope�rty.
<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 ail 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 fiorce; notwithstanding, some or all of such indebtedness and obfigations secured by
<br /> this Deed of Trust may now or hereafter be otherwise secured, whether by morigage, 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 Yo 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 tnis 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 /> either of them may in their absolute discretion determine. No remedy conferred upon or reserved to Trustee or
<br /> Lender, is intended io be exclusive of any other remedy in this Deed of Trust or by law provided or permitted, but
<br /> each shall be cumulative and shaFl 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 statuie. Every power or remedy given by the Note or any ofi tne Retated
<br /> Documents to Trustee or Lender or to which either ofi them may be otherwise entitled, may be exercised.,
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