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201400869
<br /> Trustor's attorney-in-fact for the purpose of making, executing, delivering, filing, recording, and doing all other things as
<br /> may be necessary or desirable, in Lender's sole opinion, to accomplish the matters referred to in the preceding
<br /> paragraph.
<br /> FULL PERFORMANCE. If Trustor pays all the Indebtedness, including without limitation all future advances,when due, and
<br /> otherwise performs all the obligations imposed upon Trustor under this Deed of Trust, Lender shall execute and deliver to
<br /> Trustee a request for full reconveyance and shall execute and deliver to Trustor suitable statements of termination of any
<br /> financing statement on file evidencing Lender's security interest in the Rents and the Personal Property. Any reconveyance
<br /> fee required by law shall be paid by Trustor,if permitted by applicable law.
<br /> EVENTS OF DEFAULT. An Event of Default under the Credit Agreement shall constftute an Event of Default under this Deed
<br /> of Trust.
<br /> RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust Borrowers have failed to
<br /> cure within any applicable cure period, if any, at any time thereafter, Trustee or Lender may exercise any one or more of the
<br /> following rights and remedies:
<br /> Acceleration Upon Default; Additional Remedies. If any Event of Defauft occurs as per the terms of the Note
<br /> secured hereby, Lender may declare all Indebtedness secured by this Deed of Trust to be due and payable and the
<br /> same shall thereupon become due and payable without any presentment, demand, protest or notice of any kind.
<br /> Thereafter,Lender may:
<br /> (a) Either in person or by agent,with or without bringing any action or proceeding,or by a receiver appointed
<br /> by a court and without regard to the adequacy of its security, enter upon and take possession of the Property,
<br /> or any part thereof, in its own name or in the name of Trustee, and do any acts which it deems necessary or
<br /> desirable to preserve the value, marketability or rentability of the Property,or part of the Property or interest in
<br /> the Property; increase the income from the Property or protect the security of the Property;and,with or without
<br /> taking possession of the Property, sue for or otherwise collect the rents, issues and profds of the Property,
<br /> including those past due and unpaid,and apply the same, less costs and expenses of operation and collection
<br /> attorneys'fees,to any indebtedness secured by this Deed of Trust,all in such order as Lender may determine.
<br /> The entering upon and taking possession of the Property,the collection of such rents, issues and profits, and
<br /> the application thereof shall not cure or waive any default or notice of default under this Deed of Trust or
<br /> invalidate any act done in response to such defauft or pursuant to such notice of default; and, notwithstanding
<br /> the continuance in possession of the Property or the collection, receipt and application of rents, issues or
<br /> profits, Trustee or Lender shall be entitled to exercise every right provided for in the Note or the Related
<br /> Documents or by law upon the occurrence of any event of default, including the right to exercise the power of
<br /> 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 sale and a written notice of default and
<br /> election to cause Trustor's interest in the Property to be sold,which notice Trustee shall cause to be duly filed
<br /> for record in the appropriate offices of the County 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 of a
<br /> secured party under 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 deposit with Trustee this Deed of Trust and the Note and such receipts and
<br /> evidence of expenditures made and secured by 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 to
<br /> Trustor such Notice of Default and Notice of Sale as then required by law and by this Deed of Trust. Trustee
<br /> shall,without demand on Trustor,after such time as may then be required by law and after recordation of such
<br /> Notice of Default and after Notice of Sale having been given as required by law, sell the Property at the time
<br /> and place of sale fixed by it in such Notice of Sale,either as a whole,or in separate lots or parcels or items as
<br /> Trustee shall deem expedient,and in such order as it may determine,at public auction to the highest bidder for
<br /> cash in lawful money of the United States payable at the time of sale. Trustee shall deliver to such purchaser
<br /> or purchasers thereof its good and sufficient deed or deeds conveying the property so sold, but without any
<br /> covenant or warranty,express or implied. The recitals in such deed of any matters or facts shall be conclusive
<br /> proof of the truthfulness thereof. Any person, including without limitation Trustor, Trustee, or Lender, may
<br /> purchase at such sale.
<br /> (b) As may be permitted by law, after deducting all costs, fees and expenses of Trustee and of this Trust,
<br /> including costs of evidence of title in connection with sale,Trustee shall apply the proceeds of sale to payment
<br /> of (i)all sums expended under the terms of this Deed of Trust or under the terms of the Note not then repaid,
<br /> including but not limited to accrued interest and late charges, (ii)all other sums then secured hereby,and (iii)
<br /> the remainder,if any,to the person or persons legally entitled thereto.
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<br /> Deed of Trust
<br /> 2013-258
<br /> WA 47332793
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