|
' 201403362
<br /> ���a a� r�usT
<br /> ('Contin��d�,', �age 5'
<br /> Death or Insolvensy. The death of Trustor,the insolvency of Trustor,the appointment af a rec�iverfor any part caf'
<br /> Trustor's property, any assignment'for the' benefit of creditors, any type of creditor wvrkout, ' or the'
<br /> commencement of a�y proceeding under any bankruptcy or insaivency laws by or,against Trustor.'
<br /> Taking af the Property. Any'creditor'or governmenial'agency'teies to take any of the Property'or any other of'
<br /> Trustor's praperty in'which Lender has a lien. This 'includes'taking ,of, garnishing of or ]evying on Trustor's'
<br /> acCounts wi�h Lender. However, if T�ustor disputes in good faith whe#her the'claim orr which fhe taking of the'
<br /> Property is based is vaNd or reasonable, and``if Trustor gives Lender wrikten notice of the claim and furnishes'
<br /> Lender with monies or a surety bond satisfacto�y to Lender to satisfy the claim,then this'defautt provisiort'will noi'
<br /> apply.
<br /> Breach of Qther Agreement. Any tareach by Trustar under the terms of arry other agreement bstween Trustor and'
<br /> Lender that is not remedied within any graee period provided therein, including'without limitation any ag�eement'
<br /> concerning any indebtedness or other obligation'of Trustor to Lender,whether existing now or latet.
<br /> Events Affecting Guarantor. Any of the preceding events oceurs wi#h respect#o any guarantor, endorser; sur�ty,�'�
<br /> or accommodation party of any of the'Indebtedness car'any guarantor, sndorser; surety,,'or accommodatian party;
<br /> dies''or becomes incompetent, or revokes or'disputes fhe validity of; or Iiability under, any ',Guaranty of the
<br /> indebtedness;
<br /> Insecurity. Lender in good faith believes itself insecure. '
<br /> Existing indebtedness. The payment of any installmenf of principal or any interest on the Existing Indebtedness is'
<br /> not made wifhin the time required by the promissory note euidencing suCh indebtedness, or a default occurs under'
<br /> the instrument securing such indebtedness and>is not cured during any applicable grace period in sueh instrument,'
<br /> or any suit or'other action is commenced io foreclose any existing lien on'the Property.
<br /> RIGHTS AND R�€��AIES ON DEFAULT. If an Event'of Default occurs under this Deed of 7rusfi, at any time theeeafter,'
<br /> Trustee o�Lender'may exercise any one or more of the following rights and remedies: '
<br /> Acceleration Upon Default; Additional Remedies. If any Event of Default occurs as per th�taemS of the IVote'
<br /> secured'hereby, Lender may decla�e ail Indebtedness secured by this Deed 4f Trust to be due'and payable and'
<br /> the same shali thereupon,becorrre'due andlpayable without any presentment;'demand,protest or notiCe of any'
<br /> 'kind. Thereafter,l Lender may:
<br /> {a) 'Either in person or by agent, with or without bringing any action or praceeding, or by a'receiver'
<br /> appointed by a court'and withauf regard to the adequacy of its seeurity, enter upon and'take passession'
<br /> of the Property, or any part thereof, in its own narne vr in the name of Trustee,,and do any acts whicM it
<br /> deems necessary or ciesirable to preseeve the value, marketability car rentability of the Property, or part of
<br /> the'Property or interest in the Praperty; increase the income from the Property vr protect the security of'
<br /> the'Property; and, with or without taking p4ssession of the Property,,'sue for`or otherwise coliect the'
<br /> rents, issues and prcafits of the Property, including those past due and unpaid, and apply the s�me, less
<br /> costs artd expenses of operation and coltecfion attorneys'fees,to any indekatedness s�:cured by this Deed
<br /> of Trust, all' in such'order as Lender'may determine,' Tne entEring upon and taking passession of the
<br /> Property, the collection of such rents, issues'and profits, and the application thereof shall no�'cure or''
<br /> waive any default or'notice of default'urrder this Deed'of Trust or invalidate any act done i� response to
<br /> such default or pursuant tc�such notice of defauBt; and; noiwithstanding the continuance'in possession of'
<br /> the'Praperty or the coliection, receipt'and application of rents;'issues ar profits, Trustee or Lender shall
<br /> be entitled to exercise every right provided for in the Note ar the Related Documents or,lby law upon the'
<br /> occurrence of any eve:nt of default, incCuding the right to exercise the power of sa1e;
<br /> (b} 'Commence an action to fareclase this t?�ed of Trust as a morkgage; appoint a receNer or speCifically
<br /> enforce any'of the covenants'hereof;,and
<br /> (c) ,'Deli�er to Trustee a writterl deciaration of defauit and demand for sale and a written notice of default'
<br /> and election to cause Trustor`s interest in the'Property',to be soid,which notice Trustee shall cause to be'
<br /> duly filed for recard in the appropriate'o�ces of the County in which the Property is located;and '
<br /> (d) With respect to all or any part caf the Personal Property, l.ender s1�a11 have aH the rights and r�medies
<br /> of a secured party under fhe Nebraska Uniform Gommercial Code,
<br /> £oreclosure by Power of Sale. If Lerrder eleCts to foreclose`<by exercise of the Pnwer''of Sale herein ccantained,'
<br /> 'Lender shall notify Trustee and shall dep4sit with Trustee this Deed o#Trust and the Note and such''receipts''
<br /> and evidence of expenditures made and secu�eci by''this[3eed of 7rust as Trustee may require':
<br /> (a) 'Upon receipt af such notice frc�m'Lender,Trustee shall cause to be recorded,published and delivered'
<br /> to Trustflr such Notice of Default and Notice of Sale as then required by law and by this C)eed of Trust.''
<br /> Trustee shall, without demand on Teustor, after such time as may then be required by law and after''
<br /> recordation of such Notice of Defauit'land afte�Natice'of Sale having been given as required by law, sell'
<br /> the>�Property at the time and place af sale fixed by it in such Notice'of Sale,``either as a whole, or in'
<br /> separate lots or parcels or iterns as Trustee shall deem expedient, and in such order as it may determine,,'
<br /> at pubiic 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 su�cient'deed ar'
<br /> deeds conveying the property s�soid, but without any eovenant or warranty,,e�ress'nr impli�d. The'
<br /> reeitals in such deed of any,matters or facts shall be'canelusive proof of the t�uthfuiness thereof. Any,'
<br /> person, including without limitation Trustor,Trustee,or Lender,'Imay purchase at'such sale.
<br /> (b) ,As may be permitted by law, after deducting ail'costs, fees and,expenses of Trustee and of this
<br /> Trust, including eosts af evidence af tit�e in cannection'with sale,Trustee shall apply the'prooeeds of sale'
<br /> to payment of (i)ail'sums expended under the terms of this Deed erf Trust or under the teems of the Note'
<br /> not lthe� repaid, including buY not limited to accrued interest and late charges,' (ii} all other sums then'
<br /> secueed hereby,and',(iii}the remainder,if any,'to the person ar',persons',lega[ly entitled thereta
<br /> (c) Trustee may in the manner provided by law pcastpone sale of all or any portion of the''Property.
<br /> Remedies Not Exclusive. Trustee and Lender, and each of them, shall be entilied k� enforce payment and'
<br /> perfa�mance of any indebtedness or c�bligations'secured;By this Deed of 7rust and to exercise all rights and powers''
<br /> under this Deed of Trust, under the Note, under any of'the Related Documents,';,or undee any other agreement or'
<br /> any I,aws now or hereafter in'foree; notwithstanding, some or all Qf such indebtedness and obligations securetl by''
<br /> this Deed of Trust may now or hereafter b�otherwise secured, whether by mortgage, desd af trust, piedge, lisn,
<br /> assignment or otherwise. Neither the' acceptance of this Deed of Trust nor its enforcement, whether by court'
<br /> action or pursuant to the power of saie Qr vther powers contained in this Deed of Trust;shall prejudice or in any
<br /> rnanner affect Trustee°s or Lender's right to rea(ize upon or enfarce any other security now or hereafterfield by``
<br /> Trustee or Lender,it being agreed that'Trustee and Lender,and each of thern, shall be entitled to enforce this Deed
<br /> of Trust and,any vther security now o�hereafter held by Lender or Teustee in such oeder and manner as"they or'
<br /> either of them may in their absolute discretion'determine. No'remedy eonferred upon or reserved to Trustee or'
<br /> Lender, is intended to'be exclusive of any other remedy>>in this Deed of Trust or',by law p�ovided or permitted, but``
<br /> each'shall be cumulative and'shal! be'in addition ta every other ��emedy given 'in this Deed c�f Trust or'now or'
<br /> hereafter existing at iaw or in equity or',by statute. Every power'or remedy given,'by the Note or any of the'Related'
<br />
|