|
$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 />
|