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201400262
<br /> DEED OF TRUST
<br /> Loan No: 10008363 (Continued) Page 5
<br /> Insecarity. Lender in good faith believes itself insecure.
<br /> Existing lndebtedness. The payment of any installment of principal or any interest on the Existing Indebtedness is
<br /> rsot made within the time req�tired by the promissory note evidencing such inde6tedness, or a default occurs under
<br /> the instrument securing such indebtedness and is not cured during any applicable grace period in such instrument,
<br /> or any suit or other actian is commenced to foreclose any existirsg lien on the Property.
<br /> Right to Care. If any default, other than a default in payment is curable arsd if Trustor has not been given a notice
<br /> of a breach of the same provision of this Deed of Trust within the preceding twelve I121 months, it may be cured if
<br /> Trustor, after Lender sends written notice to Trustor demanding cure of such default: (1) cures the default within
<br /> twenty (201 days; or 12} if the cure requires more than twenty (20) days, immediately initiates steps which
<br /> Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and
<br /> completes a!I reasonable and necessary steps sufficient to produce compliance as soan as reasanably practical.
<br /> RIGHTS AND REMED[ES ON DEFAULT. If an Event of Default accurs under this Deed of Trust, at any time thereafter,
<br /> Trustee ar Lender may exercise any one ar more of the following rights and remedies:
<br /> Acceteration Upon Defautt:Additlonal Remedies. If any Event af Defsult occurs as per the terms of ihe Note
<br /> secured hereby, Lender may declare all lndebtedness secured by this Deed of Trust to be due and payable and
<br /> the same shall thereupon become due and payable without any presentmsnt, demand, protest or notice of any
<br /> kind. Thereafter, Lersder 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 arsd 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 to preserve the value, marketebility 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 af
<br /> the Property; and, with or without taking possession af the Property, sue far or otherwise collect the
<br /> rents, issues and prafits of the Property, including those pest due artd unpaid, and apply the same, less
<br /> costs and expenses of operation and collection attarneys' fees, to any indebtedness secured by this Deed
<br /> of Trust, all in such order as Lender may determine. The entering upon and taking passession of the
<br /> Property, the collection of such rents, issues and profits, and the app�ication thereof shall not cure or
<br /> waive any defa�lt or rsotice of default under this Deed of Trust or invalidate any act done in response to
<br /> such default or pursuant to such notice of default; and, notwithstanding the continuance in possession of
<br /> the Property or the collection, receipt and application of rents, issues ar profits, Trustee ar Lender shall
<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 of sale;
<br /> (b) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver or specifica[ly
<br /> enfarce any of the covenants hereof;and
<br /> {c) Deliver to Trustee a written declaration of default and demand for sale and a written notice of default
<br /> and election to cause Trustor's interest in the Property to be sold, which notice Trustee shall cause to be
<br /> duly filed for recard in the appropriate offices of the Co�nty in which the Property is located; and
<br /> {d) With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies
<br /> of a secured party unde�the Nebraska Uniform Commercial Code.
<br /> Foreclosure by Power of Sale. If Lender elects to foreclose by exercise of the Power of Sale herein contained,
<br /> Lender shall notify Trustee and shall cleposit with Trustee this Deed of Trust and the Note and such receipts
<br /> and evidence of expenditures made and secured by this Deed of Trust as Trustee may req�ire.
<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, after such tirrse as may then be required by law and after
<br /> recordation of such Notice of�efault and after Notice of Sale having heen given as required 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 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 /> cleeds 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 thereof. Any
<br /> person, including without lirnitation Trustor,Trustee,or Lender, mey purchase at such sale.
<br /> (b? As may be permitted by law, after deducting all costs, fees and expenses of Trustee and of this
<br /> TrusT, including costs of evidence of titte in connection with sale, Trustee shall apply the proceeds of sale
<br /> ta payrrtent 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 limited to accrued interest and late charges, (iil all other sums then
<br /> secured hereby,and (iii) the remainder, if any, to the person or persons legally entitled thereto.
<br /> ic) Trustee may in the manner provided by law postpone sale of all or any portion of the Property.
<br /> Remedies f1lot 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 all rights snd powers
<br /> under this Deed of Trust, under the Note, under any of the Related Doc�ments, or under any other agreement or
<br /> any laws now or hereafter in farce; notwithstanding, some or all of such indebtedness and obligations secured by
<br /> this Deed of Trust may now or hereaher be otherwise secured, whether 6y mortgage, 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 p�rsuant to the pawer of sale or other powers contained in this Deed of Trust, shafl prej�dice or in any
<br /> manner affect Trustee's or Lender'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 each 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 �pon or reserved to Trustee or
<br /> Lender, is intended to be exclusive of any other remedy in this Deed of Trust or by law provided or permitted, but
<br /> each shall be cumulative and shall be in addition to every other remedy given in this Deed of Trust or now or
<br /> hereafter existing at law or in eguity or by statute. Every power or remedy given by the Note or any of the Related
<br /> Documents 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 Lencler,
<br /> and either of ihem may pursue inconsistent remedies. Nothing in this Deed of Trust shall be construed as
<br /> prohibiting Lender from seeking a deficiency judgment against the Trustor to the extent such action is permitted by
<br /> law.
<br /> Election of Remedies. All of Lender's rights and remedies will be cumulative and may be exercised alone or
<br /> together. If Lender decides to spend money ar to perform any of Trustor's obligations under this Deed of Trust,
<br /> after Trustor's fail�re to do so, that decision by Lender will not affect Lender's right to declare Trustor in default
<br /> and to exercise Lender's remedies.
<br /> Request for Notice. Trustor, on behalf of Trustor and Lender, hereby requests that a copy of any Notice of Default
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