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��14�45�7 <br /> �EE� �F -r�u�T <br /> ��a�tinu�d� Pag� 3 <br /> Borrower vr Trustor. <br /> E�ents Af�ecting Guarantor. Any of the preceding e�ents occurs with respect to any guarantor, endorser, surety, <br /> �r accomm�dation party of any of the Indebtedness or any guarantvr, endorser, surety, or accommoda�ion party <br /> dies �r �aecomes incompetent, or re�okes or disputes the �alidity vf, �r �iahility under, any Guaran�y of the <br /> Indebtedness. <br /> ►�d�erse Change. A mater�al ad�erse change occurs in gvrrower's or Trustor's financial �ondition, or Lender <br /> befie�es the prospe�t of payment or performance of the Indebtedn�ss is impaired. <br /> Inse�uri�y. Lender in gaod fai�h belie�es itself insecure. <br /> R�GHTS AND REII�EDIES �N DEFAULT. lJpon the occurren�e v� any E�ent of Default under any indebtedness, �� <br /> should Borrower �r Trustor fai� tv comply with any of Borrower's �r Trustvr's obligations under �his Deed of Trust, <br /> Trustee vr Lender may exercise any�ne��more of the fa�la�rving rights and remedies. <br /> A�ce[era�ion L�p�n De�a�uit: Addi#iona� Remedies. If any E�ent o� De�ault�ccurs as per the terms of th� N�te <br /> secured hereby, Lender may declare al[ [ndebtedness se�ured by this Deed of Trust�o be due and payable and <br /> �he same shall ther-eupon becom� due and payat��e v►►ithout any presentment, demand, prvtest vr nofi�ce of any <br /> kind. Thereafter, Lender may: <br /> �a} Eith�r in person �r by agent, with or without bring�ng any action or proceeding, or by a r�cei�er <br /> appointed by a court and with�ut regard tv fihe adequacy of i�s se�urity, enter upon and take possession <br /> vfi th� Proper�y, ar any part ther�of, in its vv�rn name or in�he nam� Qf Trustee, and dv any ac�s which it <br /> deems necessary�r desirable tv preser�e the value, marketabili-�y or rentability vf�he Properfy, or part of <br /> the Praperty or in�erest in the Property; increase the income �rrvm the Property o� pr�tect the security of <br /> the Property; and, with or without �aking possessian af the Property, sue for or otherwise cvllect the <br /> rents, issues and prafits o�the Prvperty, including �hose pas� due and unpaid, and app�y th� same, less <br /> costs and expenses of aperativn and cvilection a#tQrn�ys' fees, to any indebtedness secured by this Deed <br /> o�F Trust, all in such �rder as Lende� may determine, The entering upon and taking possession o� the <br /> Property, the collection ❑f such rents, issues and profits, and the applica�ion �hereof shall nvt �ure ar <br /> wai�e any default�r notice nf default under th�s ❑eed o�Trust or in�af�date any act dvne in response tv <br /> such defaul�vr pursuan�tv su�h noti�e of default; and, notwiths�anding the cont�nuance in p�ssess�on a� <br /> the Property or th� co[[�ction, rece�pt and application of rents, issues or prafi�s, Trustee or Lender shall <br /> be entitled to �xercise eWery righ�t pr��ided for in the Nvte or#h� Related Documenfis or by [aw upon the <br /> ac�urrence a�any even�of defau[�t, including the right t�exercise the power af sa[e; <br /> {b} Commence an activn tv fvreclose th�s Deed of Trust as a m�rtgage, appoint a receive�-or specifi�ally <br /> en�orc� any af the cv�enants hereflfi; and <br /> �c} ❑el��er to Trustee a written d��laration�f defau[t and demand for sale and a wr�tten nvtic� �f de�ault <br /> and election to cause Trustor's interest�n the Pr�perty to be sold, which n�tice Trustee shafl cause t� be <br /> duly f��ed for re�ord in the appropriate offices v�f the C�unty in which the Property is f�cated; and <br /> 4d� 1lVi�h respect to al[ �r any part af the Personal Property, Lender shall ha�e all the righ-ts and remedies <br /> o�a secur�d party under the Nebraska lJnifvrm Commercial Cvde. <br /> Fore�losu�e by Pow�r of�a�e. If Lender elec�s to fvreclvse by exercise v�f the Power of 5ale h�rein cantained, <br /> Lender shall notify Trust�e and sha[[ deposit with Trus�ee this Deed af Trus� and th� Nate and such re�e�pts <br /> and e�idence vf expenditures made and secured by this ❑eed af Trust as Trustee may require. <br /> �a� Upon r�ceipt of such n�tice #rom Lender, Trus�ee shail cause ta be recorded, publish�d and delivered <br /> t� Trustor such No�ic� of De�aul� and Notice ❑f 5a[� as then requ�red by !aw and by this D�ed of Trust. <br /> Trustee shal[, withvut demand vn Trustvr, after such time as may then be required [�y iaw and af�er <br /> recorda�ion �f such Na�ice of D�faul� and a�ter Nvti�e vf Sale ha�ing �aeen given as required by �aw, seli <br /> the �rvperty at the time and place o�r sa�e fix�d by i� in su�h Notice of Sa[e, either as a whole, or in <br /> separate [ofis vr parcels �r items as Trustee shall deem expedient, and in such vrder as �t may determine, <br /> at public auc#ian to �he highes� bidder fior cash in lawful mvney of the Un��ed States payable at the time <br /> of sale. Trus�ee shall deli�er to such purchas�r or purchas�rs thereaf its g��d and suffici�nt de�d ar <br /> deeds cQn�eying the pr�p��-ty s� svld, t�ut without any co�enan-t or warranty, express or implied. The <br /> recita�s in such deed of any matters or facts shall be canclusi�e proo# of the truthfulness therevf. Any <br /> persan, including wi�hvut Cimitation Trustor,Trus�ee, or Lender, may purchase at such sale. <br /> �b� As may be permit�ed by law, after deducting al! �osts, fees and expenses vf Trustee and of this <br /> Trust, including costs of e�id�nce of title�n conne�ti�n with sal�,Trustee sha[� app�y the prviceeds vf sale <br /> �o payment of �i� all sums expended under the terms af this Deed�f Trus�or under the terms of the Note <br /> not then repaid, including but not limited to accrued in�eres� and late charges, �ii� all other sums then <br /> se�ur�d hereby, and �iii� the r�mainder, if any,t�the person or persons legally�nt�tled theret�, <br /> �c} Trustee may in the manner pro�ided by law postpone sale of a��o�any port��n vf the Property. <br /> Remedies Nvt Exclusive. Trustee and Lender, and each �f them, shall be �ntitled to enf�rGe payment and <br /> performance �f any�ndebtedness or obf�gativns secured by�his Deed of Trust and to exercis�all rights and powers <br /> under fihis Deed of Trust, under the Note, under any af the Related ❑vcuments, or under any a�her agreement or <br /> any [aws now or herea��er in fiorce; nvtwithstanding, some or all of such indebtedness and vb[igativns s�cured by <br /> �his Deed �f Trust may nav+r or h�reafter [�e otherwise secured, whether by mor�gage, deed o�trust, pledge, lien, <br /> assignment or otherwise. Neither �he acceptance of �his Deed of Trust nor its enforcement, whether by court <br /> act�on or pursuant to the pawer vf sa�e or other powers cvntained in this Deed o�Trust, shal� prejudice or in any <br /> manner affect Trust�e's or L�nder's right to realize upon ar �nf�rce any other security nvw vr hereafter he�d by <br /> Trustee or Lend�r, it being agreed�hat Trustee and Lender, and each of�hem, shal! he entitl�d�o enfarce�his Deed <br /> af Trust and any other security now ar hereafter held by Lender or Trustee in such vrder and manner as they or <br /> either �� them may in their abs�fute discretion determine. No remedy conferred up�n or reser�ed to Trustee vr <br /> Lender, is intended tv be e�cc[usi�e af any vther remedy in th�s Deed �f Trust or by law prav�ded vr permitted, but <br /> ea�h shall E�e cumuiati�e and shall �� �n addition �o e�ery o�her remedy gi�en �n this aeed of Trust or now or <br /> herea��er existing a�t law ar in equity or by statute. E�e�y pvwer vr remedy gi�en by th� N�te or any of the Related <br /> ❑�cumen�s to Trustee or Lender or to wh`rch either o� them may be othervvise ent��led, may be exercised, <br /> concurrently or independently, from time to time and as often as may be deemed expedient by Trus�ee or Lender, <br /> and either �f them may pursue inconsisten� remedies. Nathing in �his Deed of Trust shall he construed as <br /> prohibiting Lender�rrom seeking a d�fic�en�y judgment against the Trust�r tv the�xten�such action is permitted hy <br /> iaw. Elec�ion by Lender to pu�rsue any remedy shal! n�t exclude pursuit of any vther remedy, and an election �o <br /> make �xpenditures or to take action to perform an oblEga�ian of Trustor under this Deed of Trust, after Trus�or`s <br /> failure to perfarm, sha�� nvt affect Lender's right to declare a defau�t and exercise its remedies. <br /> Request�or No�ice. Trustor, on hehal�of Trustor and Lender, hereby requests that a copy o�any Nofiice o�F C7e�aul� <br /> and a copy of any Nvtic� of Sale under�his Deed of Trust be maifed to�h�m a�the addresses set for�h in the first <br /> parag�aph of this Deed of Trust. <br /> At�orneys' Fee�: Expenses. If Lender institutes any su�t or action to enf�rce any ofi the t�rms Qf this De�d vf <br /> Trust, Lender sha�! be entitled t❑ recover such sum as the court may adjudge reasvnable as attarneys' fees at trial <br />