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201400238
<br /> DEED �F TRUST
<br /> Loan No: 8'l004638 (Continued) Page 5
<br /> Defective Collateralization. This Deed of Trust or any of the Related Documents ceases to be in full force and
<br /> effect {ir�duding failure of any collaterel document to create a �alid and perfected security interest or ]ien) at any
<br /> time and For any reasost.
<br /> Insolvency. The dissolution or terminati0n Of Barrpwer'S or TrustOr's existence as a going business,the inso[vency
<br /> of Borrower or Trustor, the appointment of a receiver for any part af Barrower's or Trustor's proper'ty, any
<br /> assigrtment for the henefit of creditors, any type of creditor workout, or the commencement of any proceeding
<br /> under any bankruptcy or insolvency laws by or against Borrower or Trustor.
<br /> Creditor ar Forfeiture Proceedings. Commencement ot forec[osure or for�Feiture proceedings, whether by judicial
<br /> proceading, self-help, repossession or any ather methad, by a�y creditor of 8arrower or Trusior or by any
<br /> governmenta! agency against any property securing the Indebtedness. This includes a garnishmen# of any of
<br /> Borrower`s or Trustor's accounts, including deposit accounts, with Lender. However, this Event of Default shall
<br /> not apply if there is a good �Faith dispute by Borrower or Trustor as to the validity or reasonableness of the claim
<br /> which is the basis of the creciitor or forfeiture proceeding and if Borrower or 7rus#or gives Lertder written �otice of
<br /> the creditor or forfeiture proceeding and deposits with Lender moniss or a surety bond for the creditor or farfeiture
<br /> proceeding, in an amount determined by Lender, in its sofe discretion, as being an adequate reserve or bond for the
<br /> dispute.
<br /> Breach of Dther Agreemerst. Any breach by Borrower or Trustor under the terms of any other agreement between
<br /> Borrower or Trustor and Lender that is not remedied within any grace period provided therein, ine�uc[ing without
<br /> [imitation any agreement concerning any inde6tedness or other obligation of Borrower or Trustor to Lender,
<br /> whether existing now ar later.
<br /> Even#s Affecting Guarantor. Any of the preceding events accurs with respect to any guarantor, endorser, surety,
<br /> or accommodation party of any of the ]ndebtedness or any guarantor, endorser, surety, or accomrrsodation party
<br /> dies or becomes incompetent, or re�o[ces or disputes the validity of, or liabi[ity under, any Guaranty of the
<br /> Indebtedness.
<br /> Adverse Change. A materiel adverse change occurs in Borrower's ar 7rustor's financial condition, or Lender
<br /> be[ie�es the prospect of payment or perFormance af the [ndebtedness is impafred.
<br /> [nsecurity. Lender in good faiih believes itself insecure.
<br /> REGHTS AN� REMED�ES ON DEFAULT. ]f 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 folEowing rights and remedies:
<br /> Acceleration Upon Default; Additional Remedies. !f any Even#of Defauft occurs as per the terms of the No#e
<br /> seeured hsreby, Lender may declare alf Indehtedness secured by this Deed of Trust to be due and payable and
<br /> the same shal]thereupon become due and payable without any presentment, demand, protest or notice of any
<br /> kind. Thereafter, Lender may:
<br /> {a1 Either in person or by agent, with or without bringing any action or proceeding, ar by a receiver
<br /> appointed by a coust and withaut regard to the adequacy of its security, enter upon and take possession
<br /> ot The Praperty, or any part thereof, in its own name or in the name af Trustee, and do any acts which it
<br /> deems necessary or desirable to preserve the value, marketabi[ity or rentabiliTy of the Property, or part of
<br /> the Property or interest in the Property; increase the incame from the Property or protect the security of
<br /> the Property; and, with or without ta[ting possession of the Properry, sue for ar atherwise coElact the
<br /> rents, issues and profits of the Property, including those past due and unpaid, and app[y the sarrte, [ess
<br /> costs and expenses of operation and co[lectian attorneys` fees, to any indebtedness secured 6y this Deed
<br /> of Trust, afl in such order as Lendsr may determine. The entering upon and taking possession of the
<br /> Properry, the collection of such rents, issues and profits, and the appGcation thereof shall not cure nr
<br /> waiv8 any default or notice of defaulE under this Deed of Trvst or invalidate any act dane in response to
<br /> such default or pursuant to such notice of default, and, notwithsEanding the continuance in possession of
<br /> the Property or the collection, receipt and application of rents, issues ar profits, Trustee or Lender shal!
<br /> be entitled to exercise every righi 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 of sale;
<br /> {b1 Commer�ce an action to foreclose�his Deecf of Trust as a mortgage, appoint a recei�er or specificalfy
<br /> enforce any of the covenants hereof; and
<br /> {c} De[iver to Trustee a written declaration af default and demand for sale and a written notice of default
<br /> and election to cause 7rustor's interest in tfne Praperty to be sold, which notice 7r�stee shalE cause to 6e
<br /> duly filed for record in the appropriate offices of tf�e County in which the Praperty is [ocated; and
<br /> id} With respect to all or any part of the Personal Property, Lendar shall have all the rights and remedies
<br /> of a secured party under the Nebraska Uniform Commercial Code.
<br /> Foreclosure by Power of Sa[e. If Lender elects ta foreclose by exercise of the Power of Sale herein contained,
<br /> Lender shall notify Trustee and sha11 deposit with Trustee this Deed of Trust and the Nate and such receipts
<br /> and evidence of expenditures made and secured 6y this aeed of Trust as Trustee may require.
<br /> (a) Upon receipt af suc[� notice from Lender, Trusiee shafl cause to be recorded, published and deli�ered
<br /> to Trustor such Notice of Default and Notice of Sale as then required by law and by this Deed of TrusY.
<br /> Trustee shall, without clemand on Trustor, after such time as may then be required by law and after
<br /> recordation of such Notice of Default and a�ter No#ice of Sale having been given as required by law, sell
<br /> the Property at the time and place of sale fixed by it in such EVotice of 5ale, either as a whale, or in
<br /> separate lots or parcels or iterr:s as Trustee shal] 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 m such purchaser or purchasers thereof its good and sufficient deed or
<br /> deeds conveying the property so soid, but without any covenan# or warranty, express or implied. The
<br /> recita[s 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 /> fb1 As may be Permitted 6y law, after c[ede�cting all casts, fees and expenses of Trustee and of this
<br /> Trust, including costs of evidence of title in connect9on wi#h sale,Trustee sha[I app[y the proceeds of sale
<br /> to paymsnt of {i) al[sums expended under the terms of this Deed af Trust or under the terms of the Note
<br /> not then repaid, inc[uding but not limited �o accrued interest anc[ IaYe charges, {ii} all other sums then
<br /> secured hereby, and (iii} the remainder, if any,to the person pr perspns legally entit[ed thereto.
<br /> {c} Trustee may in the manner providsd by law postpone sa[e of al] or any portion of the Property.
<br /> Remedies Not Exclusive. Trustee and Lender, and each of ihem, shal[ be entitled to enforce payment and
<br /> performance of any indebtedness or ob[igations secured by this Deed of Trust and to exarcise all rights and powers
<br /> under this Deed of Trust, under the Note, under any of the ReEated �ocuments, or under any other agreement or
<br /> any iaws now or hereafter in force; notwithstanding, some or al] of such indebtedness and obligations seceared by
<br /> this Qeed of Trust may now or hereafter be atherwise secured, wheEher by mortgage, deed of trust, pledge, lien,
<br /> assignrr�ent or otherwise. Neither the acceptance of tf�is Deed of Trust nor its enforcemen#, whether by court
<br /> action or pursuant to the power of sale or other powers contained in this peed of irust, shali prejudice or in any
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