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$i(f7�1�1946 <br /> D�EC7 b� T�tI�S�' <br /> Laan No:8'[0�1399 (Continued) Page 5 <br /> proceeding and if Trustor gives Lender wr[tten notice of the creditor or forfefture proceed[ng and depnsits whh <br /> Lender monies or a surery bond for the cteditor or farfeiYure proceeding,ln an amount deterrnined by Lender,in its <br /> Soie discretion,as being an adeq�ate reserve Qr bond fiorthe d[apute. <br /> Breach of Other Agreemerrt. Any 6reach by Trustor under the terms of aRy other agreemem beiween Trustor and <br /> Lender that is not remedied within any grace period provided therein,including witho�tt[imitation any agreemenY <br /> concerning any indebtedness or other obligation of Tec�stor to Lender,whethar existing naw or later. <br /> Events Afiecting G�arantor. Any of the preceding events occurs with respect to any guerantor,endaiser,sutety, <br /> or accommodation party of any of tha Indebtedness or a�y guarantor,endorser,sUrery,or accommodation party <br /> dies or becomes incompetent, or revokes or disputes the validity of,. or €iabi]ity under, any Guaranty ctf the <br /> Indebtedness. <br /> Adverse Change. A material adverse change occurs in Trustor's financial condition, or Lender believes the <br /> prospect o�F payment or perfotmance of the lndebtedness is impaired. <br /> Insecuriry. Lender in good faiih believes itself insecure. <br /> RIGHTS AND REMEDIES ON 6EFAULT. If an Event ofi De3ault oecurs under this�eed of TrusY,at any time thereafter, <br /> Tr�rstee or Lender may exerc"rse any one or more of the follawing rights and remedfess <br /> � Acceleration Upon�efault;Addivanal Remedies= If any Event ofi Defau[t ocCurs as per the terms of the�inte� <br /> seoured hereby,�ender may declere ali Indebtedness secured by this 6eect of Trust to be due and payable and <br /> the same shafi thereupon become due and payable without any presentment,demand,praregt ar tice of any <br /> kind. Thereafter,Lender may: <br /> (a) Eithei in person or hy agent,with or without bringing any action or peoceedin��,Jr a receiver <br /> appointed by a court and without reqscd to the adequacy of its seeuriEy,enter up�take passession <br /> ef the Property,or any part thereof,in its own name or in the name of Trttstee, any acYs which iY <br /> deems necessaty or desiFa6Ee to preserve the.value,ma€ketability or rentabilit �e Property,or part of <br /> the Property or interesY in the Property;increase The income from the 3�rop proteet the securiYy of <br /> the Property; and, with or without ta[cing possession af the Property, ue or otherwise collect the <br /> rents,issues and profits of the Property, induding 2hose past due and d, and apply the same,less <br /> costs and expenses of operat�on and collection atYarneys'fees,to any indebtedness secured by this Deed <br /> of Trust, ail in such order as �ender may determine, The enter g �pon and takirtg possassion of Ehe <br /> P�operty,the col[ecTian of such rents, issues and prnfts, a�i�applioation thereof shall not cure or <br /> waive any defiauPt or notiee of default under this Deed af s r validate any act tlbne in respanse to <br /> such default or pursuant to such nofice ofi default;and,notwE tanding the contin�ance in possession of <br /> the Property or the collection, receipt and appficatio�ents,issues or prafits,Trustee or Lender sha[I <br /> be entiYled to exercise every right provided for in th ot the Related Documents or by law vpon Yhe <br /> occurrence of any event of defauFt,including t`he r�'�ilt exereisa the powe€ot sale; <br /> (b) Cammence a�action to foreelose this De�o'I�Trust as a mortgage,appoint a receiver or specifically <br /> enforce any of the cavenants hereof;and�► �� <br /> (c) �eliver to Trustee a crrritten decfar 'o�n7f defiauli and demand for sale and a writTen notice of default <br /> and eleCtinn to cause Trustor's int���[[[e t the Properry tp be soid,wh9ch notice Trustee shall caus�to be <br /> duly filed for record in the appro� ces of the County in which tlie Property is]ocafed;and <br /> td? V�ikh respect to all or any Part o the Personal.Property,Lender shall have al1 the rights arid remedies <br /> of a secured party under t Nebraska Uniform Commeroia]Cade. <br /> Foreelosc�re Eiy Power of Sa ��der elects to foreclose by exercise of the Power of Sale herein cantairied� <br /> Lend�r shail natify 7ruste shall deposit with Tfustee tf�is Deed of Trust and the Note and such receipts <br /> and evidenee of expend�!'�e ade an8 seCured by tE�iS Deed of Trust as Trustee may require. <br /> Ca) Upon rece' PZ'C�h notice from Lender,Trusiee shaPl cause to t�e recotded,publisFied and dePivered <br /> ta Trustar s ice of aefa�lt and Notica of 3ale as then required by[aw and by this Deed of TruSt. <br /> Trustee s tl, rthout demand on Trustnr, after such t'rme as may then be requ[red by Paw and after <br /> record on such No2ice of Defiau(t and after Notice of Sale having been given as rsquirec!by]aw,selE <br /> the��+at the time and glace of sale fixed by it in such Natiae Qf 5a[e,either as a who[e, or in <br /> se r lots or parce[s or items as Trustee sha31 deem expedient,and in SUGh oeder a5 it m8y deteYmine, <br /> � �c auction to the h3ghest bidder fior cash in lawful money of the United 5tates payable at the time <br /> ale. Trusfee shalt deliver to such purchaser or puechasers thereo#iLs good and sufficient deed or <br /> eeds conveying the properry so soid,but vviihout any covenant or warranty, express or implied. The <br /> secitais in such deed nf any mat[ers or facts shal[be conclusive proof of the truttrfulness thareof. Any <br /> person,including without limitation 7rustor,7rustee,or Lender,raay purchase at such sele. <br /> (6) As may 6e permit[ed by law, afiLer deduetirig atl costs,fses and expenses of Trustee and of tiiis <br /> Trust,ineluding costs of evidence of ti2le in aonnection with sals,Trustee sha[I appEy the proceeds ofi sa€e <br /> to p�ymenY of (i)all 5urt�5 expended under the terms of this Deed of Trust or under the terms of the Note <br /> nat then repaid,inc[uding bciY not limited ta accrued inierest and laie charges, 1ii1 all other s�ms then <br /> seccrred hewehy,and €��[}tfie remainder,if any,to the person or persons legally entitled thereto. <br /> (c) Trustee may in Ehe manner provided by!aw postpflne sale of a[I or any partion of the Property. <br /> Remedies Not Exclusive. Trustee and Lender, and each of them, shal] 6e entitled to enforce paymeni and <br /> perforroanee of any inde6tedness or obligations secured by th"ss beed ofi Tn�st and to exercise a33 rights and powers <br /> under this Deed of Trust,under the Note,under any of the Re[ated Dacumenis,ar under any otfier agreemeht o� <br /> any laws nnw or heraafter in fnrce;notwithstanding,some or all of such indebtedness and o61iga1ions secured by <br /> tCvs�eed of Trust m8y nbw Or h�:reafYee be nYherv,ri5e secured,whether by mortgage,deed of trust,pledge,Iien, <br /> assignment or otherw�se. Neither tha aceeptance Qf ihis Deed of Trust nor its en#arcemenf, whether by court <br /> aetian or pursuant to th8 powar nf sale ar other powers can�eined in this Deed of Trust,shall prejudice or in any <br /> manner affect Trustae's or Lender's right to realize c�pon ar enforce any other security now or hereefter held dy <br /> Trustee or L.ender,it being agreed that Trustee and Lentler,and each of them,shal(be entitled to eninrce this C7eed <br /> af Trus2 and any otE�er security now or hereafter held by Lender or Trustee in such order and m�nner as th�y ar <br /> efther of them may in their atiso[ute discretion determine. No remedy conferred upon or reserved to Trustee or <br /> Lender,is intended to be exelusive of any other remedy in�this Qeed of Trast or 6y law provided or per€r3itted,but <br /> eanh sha[[ be cumulat€ve and shall be in addilion to every other remedy given irt this �ead of Trust or now or <br /> h2reafter existing at 1aw or in equity ar by statute. Every power or remedy given by the Note or any af the I�elated <br /> Documents io 7rvstee or Lender or to whiah either af therr� may be atherwise entitled, may be exercised, <br /> cnncuarentlp or indepandently,from time to time and as often as may be deemed expedient dy TrusYee or Lender, <br /> and either of them rr�ay pursue inconsistent remedies, Nothing in this Deed of Trust shall be consteued as <br /> prohibiting Lender From seeking a deficiancy judgmeni against the Trustoe Yo the extent such actidn is permltted by <br /> law. E1ecYion 6y Lender to pursue any remedy shall noL exclude pursuit af any other remedy,anct an eleciinn ta <br /> make expenc[itures or ta take action t�perform an o6ligation of Trustor under this DeetJ of Trust,after Trustor's <br /> failure to perform,shall not affect LendeY's right to declare a default and exercise its remedies. <br /> Request�For NoYwe. 7rustar,on behalf of Trustor and Lender,hereby requasts that a copy of any[�iotice of�efiauli <br />