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201211011
<br /> DEED OF TRUST
<br /> Loan No: 81002047 (Continued) Page 5
<br /> Creditor or Forfeiture Proceedings. Commencement of foredosure or forfeiture proceedings, whether by judicial
<br /> proceeding, self-help, tepossession or any other method, by any creditor of Trustor or by any governmental agency
<br /> against any property securing the Indebtedness. This includes a ga:rnishment 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 of the claim whicn 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 mon�es or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its
<br /> sole discretion, as being an adequate reserve or bond for tne dispute.
<br /> Breach of Other Agreement. Any breach by Trustor under the terms ofi any other agreement between Trustor and
<br /> Lender that is not remedied within any grace period provided therein, inciuding witnout limitation any agreement
<br /> concerning any indebtedness or other obligation ofi Trustor to Lender,whether existing now or later..
<br /> Events Aifecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety,
<br /> or accommodation party of any of the Indebtedness or any gvarantor, endorser, surety, or accommodation party
<br /> dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of tne
<br /> Indebtedness.
<br /> Adverse Change� A material adverse change occurs in Trustor's financial condition, or Lender believes the
<br /> prospect of payment or performance ofi the Indebtedness is impaired.
<br /> Insecurity. Lender in good faith believes itseif insecure.
<br /> RIGHTS AND REMEDIES ON DEFAULT. Ff an Event ofi Default occurs under this Deed of Trust, at any time thereafter,
<br /> Trustee or Lender may exercise any one or more of the fiollowing rignts and remedies:
<br /> Acceleration Upon Default: Addifional Remedies. If any Event ofi Default occurs as per the terms ofi 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 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 Yo preserve the value, ma�ke'tability or rentability of the Property, or part of
<br /> tne Property or interest in the Property; increase tne income from the Property or protect the security of
<br /> the Property; and, with or without taking possession ofi tne Property, sue for or o2herwise coflect the
<br /> rents, issues and profits of the Property, oncluding those past due and unpaid, and apply the same, less
<br /> costs and expenses of operation and colfection attorneys' fees,to any indebtedness secured by this Deed
<br /> of Trust, all in such order as Lender may determine. The entering upon anci 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 default7 and, notwithstanding the continuance in possession of
<br /> the Property or the collection, receipt and application of rents, issues or profits, Trustee or Lender shail
<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, including the right to exercise the power ofi 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 saie and a written notice of default
<br /> anu� election to cause Trustor's interest in the Property to be sold, which notice Trustee shall cause to be
<br /> duly iiled for record in the appropriate offices of the County in wnicn the Property is located; and
<br /> (d) With respect to all or any part of the Personaf Prope.rty, Lender shall have all rthe rights and remedies
<br /> ofi a secured party under the Nebraska Uniform Commercial Code. � -
<br /> Foreclosure by Power ofi Sale. If Lender elects to foreclose by exercise of the Power of Sale herein contained,
<br /> Lender shall notifiy Trustee and shall deposit with Trustee ihis Deed of Trust and the Note and such receipts
<br /> and evidence of expenditures made and secured 6y 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 ofi 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 then be required by law and after
<br /> recordation of such Notice of Default and after Notice of Sale having been given as req�.uired 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 items as Trustee shall deem expedi�ent, and in such order as it may determine,
<br /> at public auction to the highest bidder for cash. in law$ul money of ihe United States payable at the time
<br /> of sale. Trustee shall deliver to such putchaset or purchasers thereof its good and sufficient deed or
<br /> deeds conveying the property so sold, but without any covenanY or warranty, express or impl�ied. Tne
<br /> recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any
<br /> person, inciuding without limitation Trustor,Trustee, or Lender, may purchase at such sale.
<br /> (b) As may be permitted by law, after deducting all costs, fiees 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) ali sums expended under the terms of tnis Deed ofi Trust or under the terms of the Note
<br /> not then repaid, including but not limited to accrued interest and late charges,. (ii) all other sums then
<br /> secured hereby, and (iii) tFe remainder, ifi any,io the person or persons legally entitled 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 ofi them, shall be entitled to enforce oaymenY 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 tne Related Do�cuments, or under any oiher agreement or
<br /> any laws now or hereafter in force; notwithstanding, some or all ofi such indebtedness and obligations secured by
<br /> thSs Deed of Ttust may now or hereafter be otherwise secured, whetner by mortgage, deed of trust, pledge, lien,
<br /> assignment or otherwise. Neither the acceptance ofi this Deed of Trust nor its enforcement, whether by court
<br /> action or pursvant to the power of sale or other powers contained in this Deed ofi Trust, shall prejudice or in any
<br /> manner affect Trustee's or Lend�er'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 eacn of them,shall be entitled to enforce this 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 to be exdusive of any oYher remedy in this Deed of Trust or by law provided or permitted, but
<br /> each shalf be cumulative and shall be in addition to every other remedy given in this Deed of Trust or now or
<br /> hereafiter existing at law or in equiiy or by statute. Every power or remedy given by the Note or any of the Related
<br /> DocumeMs to Trustee or Lender or to which. either of them may be otherwise entitled, may be exercised,
<br /> concurrently or independently, from time to 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 ofi Trust shali be consYrued as
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