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201404184
<br /> DEED OF TRUST
<br /> Loan No: 1 1 1 1 292-3 �Cqntinued) Page 5
<br /> governmental agency against any property securing the Indebtednass. This includes a garnishment of any of
<br /> 6arrower's ar Trustor's accounYs, inc{uding deposit aecounts, with Lender. Hawever, this Event of Defau{t shall
<br /> not apply if there is a good #aith dispute by Borrower or �rustor as to the validity or reasonableness of the claim
<br /> which is the basis of the creditor or forfeiture proceeding and if Borrower or Trustor gives Lender written notice of
<br /> Yhe creditor pr forfeiture proceeding and deposits with I�ender monies or a surety bond for the creditor or forfeiture
<br /> proceeding, in an amaunt determined by Lender, in its sole discretian, as being an adequate reserve or hond for Che
<br /> dispute.
<br /> Breach of Other Agreement. Any 6reach by Borrower ar 7rustor under tha terms of any other agreement between
<br /> Borrower or Trustor and Lender that is nvt remedied wiYhin any grace period pro�ided therein, including without
<br /> limitation any agreement concerning any indebtedness or other obligation of Borrower or Trustor to Lender,
<br /> whether existing now or later.
<br /> Events Affecting Guarantor. Any of the preceding e�ents occurs wiCh respect to any guarantor, endorser, surety,
<br /> or a�commadation party of any of the inde6tedness or any guarantor, endorser, surety, or accommodatian party
<br /> dies or 6ecomes incompetent, ar re�okes or disputes the validity of, or Gability under, any Guaranty of the
<br /> Indebtedness.
<br /> Adverse Change. A material adverse change accurs in Borrower's or Trustor's financia! condition, or Lender
<br /> 6elieves the prospect of payment or performance of the Indebtedness is impaired.
<br /> Insecurity. Lender in good faith believes itself insecure.
<br /> Existing Indebtedness. The payment of any installment of principal or any in#erest o� the Existing Indebtedness is
<br /> not made within the time required by the promissory note evidencing such indebtedness, or a default occurs under
<br /> the ins#rument securing such indebtedness and is not cured during any appficabfe grace period in such instrument,
<br /> or any suit or ather action is commenced to foreclose any existing lien on the Property.
<br /> RIGHTS ANb REMEDIES dN I7EFAUL7. !f an Event of Default occurs under this Deecf of Trust, at any Yime thereafter,
<br /> Trustee or Lender may exercise any one or more of the following rights and remedies:
<br /> Acceleration l3pon Default, Additional Remedies. If any E�ent of Default accurs as per the terms of the Note
<br /> secured hereby, Lender may declare all lndebtedness secured by this Deed of Trust to be due and payable and
<br /> the same shal]thereupon becorne due and payable without any presentment, demand, protest or notice of any
<br /> kind. Thereafter, Lender may:
<br /> {al Either in person or by agent, with or without bringing any action ar proceeding, or by a receiver
<br /> appointed by a court and witF�out regard to the adequacy of its security, enter upan 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 to preserve the value, marketability 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 of the Property, sue #or or otherwise coAect the
<br /> rents, issues ancS profits of the Property, including those past due and unpaid, and apply the same, less
<br /> casxs and expenses of operation and collect�on attorneys' fees, to any indebtedness secured by this Deed
<br /> of Trust, all in such order as Lender may determine. Tha entering upon and taking possession of the
<br /> property, ihe 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 respanse to
<br /> such default or pursuant to such natice of default; and, notwithstanding the continuance in possession of
<br /> the Property or the collecfiion, receipt and application of rents, issues or profits, Trustee or Lender shall
<br /> be entitled to exercise every right provided for in the Note or the Related Qacuments or by law upan 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 o#Trust as a morCgage, appaint a receiver or specifically
<br /> enforce any of the covenants hereof; and
<br /> Ic} Deliver to Trustee a written decEaration of default and demand for sale and a written notice ot 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 af the County in which the Property is located; and
<br /> [d] With respect to al! or any part of the Personal Property, Lender shall have al1 the rights and remedies
<br /> of a secured party under ihe Ne6raska Un9form Commercial Code.
<br /> Foreclosure by Power af Sale. If Lender elects to foreclose by exercise of the Power of 5ale herein contained,
<br /> Lender shall notify Trustee and shall deposit with Trustee this �eed of Trust and the Nate and such reeeipts
<br /> and evidence of expenditures made and secured by this Deed of Trust as Trustee may require.
<br /> la} Upon receipt of such notice from Lender, Trustee shall cause to be r�corded, published and delivered
<br /> to Trustor suoh Notice of Qefaul# and Notice of Sale as then required by law and by this Deed of Trust.
<br /> Trustee shall, without demand on Trustor, afiter such time as may then be required by law and after
<br /> recordation of such Notice o# Default and after Nntice of Sale ha�ing been given as required by law, sell
<br /> the Property at the time and plaoe 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 pubEic auction to the highest bidder for cash in lawful money af the United States payable at the time
<br /> of sale. 7rustee shall deGver to such purchaser or purchasars thereof i#s good and sufficient deed or
<br /> deeds conveying the property so sold, hut withvut any co�enant or warranty, express or implied. The
<br /> recitals in such deed of any matters or facts shakl be conclusive proof of the truthfulness thereaf. Any
<br /> person, including without limitation Trustor,Trustee, ar Lender, may purchase at such sale.
<br /> [b) As may be permitted by law, after deducting all costs, fees and expenses o# Trustee and of this
<br /> Trust, including costs of evidence of title in connection with safe, Trustee shall apply the proceeds of sale
<br /> to payment of {i} all sums expended under the terms of ti�is Deed of Trust ar under the Cerms of the Note
<br /> not then repaid, including but not limited to accrued interesY and late charges, (ii} all other sums then
<br /> secured here6y, and liii} the remainder, if any,to the person or persans legally entitled thereto.
<br /> [c} Trustee may in the manner pro�ided by law postpone sale of all or any portion of the Property.
<br /> Remec[ies l�ot Ezctusi�e. Trustee and Lender, and each of them, shall be entitled to enforce payment and
<br /> performance of any indebxedness or obligations secured by this Deed of"frust and Yo exercise all rights and powers
<br /> under this Deed of Trust, under Yhe Note, under any of the Related ❑ocuments, or uncfer any other agreement or
<br /> any laws now or hereafter in force; natwithstanding, some or al! o# such indebtedness and o6ligations secured by
<br /> this �eed of Trust rreay now or hereafter be otherwise seeured, whether by mortgage, deed of trust, pledge, lien,
<br /> assig�ment or otherwise. Neither the acceptance af this Deed of Trust nor its enforcement, whether by court
<br /> action or �ursuant to the power of sale ar other powers cantained in this Deed of Trust, shaEl prejudice or in any
<br /> manner affect Trustee's or Lender's right to realize upon ar eniorce any ather security now or hereaftar held by
<br /> Trustee ar Lender, it being agreed that 7rustee 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 upon or reserved to Trustee or
<br /> Lender, is intended io be exclusive of any other remedy in Yhis Deed of Trust or by law provided or perrnitted, but
<br /> each shall be cumulative and shall be in addition ta every other remedy given in this Deed of Trust or now or
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