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<br /> DEED �F TRUST
<br /> Loan N�: 11113D53 �Continued} Page 5
<br /> against any property se�uring the Indebtedness. This in�ludes a garnishment of any of Trustor's accaunts,
<br /> includin� deposit accaunts, with Lender. Hawe�er, this E�ent of ❑efault shall not apply if there is a good faith
<br /> dispute by Trustar as to the �alidity or reas�nableness of the claim which is the basis of the creditar or forfeiture
<br /> pro�eeding and if Trustar gi�es Lender written natice of the creditar or forfeiture pro�eeding and deposits with
<br /> Lender monies or a surety bond for the creditar or forfeiture pro�eeding, in an amount determined by Lender, in its
<br /> s�le discretian, as being an adequate reser�e or bond for the dispute.
<br /> Breach of Qther Agreement. Any brea�h by Trustar under the terms of any other agreement between Trustar and
<br /> Lender that is not remedied within any gra�e period pro�ided therein, includin� without limitatian any agreement
<br /> concerning any indebtedness or other obli�ation of Trustar to Lender,whether existin� now or later.
<br /> E�ents Affecting Guarantar. Any of the pre�eding e�ents occurs with respect to any�uarantor, endorser, surety,
<br /> or accommodation party of any of the Indebtedness or any �uarantor, endorser, surety, or accommodation party
<br /> dies or be�omes incampetent, or re�okes or disputes the �alidity of, or liability under, any Guaranty of the
<br /> Indebtedness.
<br /> Ad�erse Change. A material ad�erse �hange occurs in Trustor's financial canditian, or Lender belie�es the
<br /> prospect of payment or performance of the Indebtedness is impaired.
<br /> Insecurity. Lender in good faith belie�es itself insecure.
<br /> Existing Indebtedness. The payment of any installment of principal or any interest on the Existing Indebtedness is
<br /> not made within the time required by the promissory note e�iden�ing such indebtedness, or a default occurs under
<br /> the instrument se�uring such indebtedness and is not�ured during any appli�able gra�e period in such instrument,
<br /> or any suit or other actian is�ommen�ed to foreclose any existin� lien on the Property.
<br /> RIGHTS AND REMEDIES 4N DEFAl1LT. If an E�ent of ❑efault occurs under this Deed of Trust, at any time thereafter,
<br /> Trustee or Lender may exer�ise any�ne or more of the followi ng rights and remedies:
<br /> Acceleration Upan Default; Additianal Remedies. If any E�ent of ❑efault occurs as per the terms of the Note
<br /> se�ured here�y, Lender may de�lare all Indebtedness se�ured by this Deed of Trust to be due and payable and
<br /> the same shall thereupon be�ome due and payable without any presentment, demand, pratest or natice of any
<br /> kind. Thereafter, Lender may:
<br /> �a7 Either in person or by a�ent, with or without �ringing any actian or pro�eeding, or by a re�ei�er
<br /> appointed by a court and without regard to the adequa�y of its security, enter upon and take p�ssessi�n
<br /> of the Property, or any part thereaf, in its own name or in the name of Trustee, and do any acts which it
<br /> deems ne�essary or desirable to preser�e the �alue, marketability or rentability of the Property, or part of
<br /> the Property or interest in the Property; in�rease the in�ome from the Property or protect the security of
<br /> the Property; and, with or without takin� p�ssessi�n of the Property, sue for or ❑therwise callect the
<br /> rents, issues and profits of the Property, includin� those past due and unpaid, and apply the same, less
<br /> casts and expenses of operation and callectian attorneys'fees, to any indebtedness se�ured by this Deed
<br /> of Trust, all in such order as Lender may determine. The entering upon and takin� p�ssessi�n of the
<br /> Property, the callectian of such rents, issues and profits, and the application thereaf shall not �ure or
<br /> wai�e any default or natice of default under this Deed of Trust or in�alidate any act d�ne in resp�nse to
<br /> such default or pursuant to such natice of default;and, notwithstanding the continuance in p�ssessi�n of
<br /> the Property or the callectian, receipt and application of rents, issues or profits, Trustee or Lender shall
<br /> be entitled to exer�ise e�ery right pro�ided for in the Note or the Related Documents or by law upon the
<br /> occurrence of any e�ent of default, includin�the right to exer�ise the pawer of sale;
<br /> �b} C�mmen�e an actian to foreclose this Deed of Trust as a mort�a�e, appoint a re�ei�er or specifically
<br /> enforce any of the co�enants hereof;and
<br /> (�} Deli�er to Trustee a written declaration of default and demand for sale and a written natice of default
<br /> and election to�ause Trustor's interest in the Property to be sold,which natice Trustee shall �ause to be
<br /> duly filed for record in the appropriate offices af the County in which the Property is located;and
<br /> �d} With respect to all or any part of the Pers�nal Property, Lender shall ha�e all the rights and remedies
<br /> of a se�ured party under the Nebraska Uniform Commer�ial C�de.
<br /> Foreclosure by Power of Sale. If Lender elects to foreclose by exer�ise of the Power of 5ale herein contained,
<br /> Lender shall notify Trustee and shall deposit with Trustee this Deed of Trust and the Note and such receipts
<br /> and e�iden�e of expenditures made and se�ured by this Deed of Trust as Trustee may require.
<br /> �a7 Up�n receipt of such natice from Lender, Trustee shall �ause to be recorded, published and deli�ered
<br /> to Trustar such Notice of ❑efault and Notice of 5ale as then required by law and by this Deed of Trust.
<br /> Trustee shall, without demand on Trustar, after such time as may then be required by law and after
<br /> recordation of such Notice of ❑efault and after Notice of 5ale ha�ing been gi�en as required by law, sell
<br /> the Property at the time and pla�e of sale fixed by it in such Notice of Sale, either as a whole, or in
<br /> separate lots or par�els or items as Trustee shall deem expedient, and in such order as it may determine,
<br /> at public auction to the hi�hest bidder for�ash in lawful money of the United States payable at the time
<br /> of sale. Trustee shall deli�er to such pur�haser or pur�hasers thereaf its good and sufficient deed or
<br /> deeds con�eying the property so sold, but without any co�enant or warranty, express or implied. The
<br /> recitals in such deed of any matters or facts shall be conclusi�e praaf of the truthfulness thereaf. Any
<br /> person, includin�without limitatian Trustar, Trustee, or Lender, may pur�hase at such sale.
<br /> �b} As may be permitted by law, after deductin� all costs, fees and expenses of Trustee and of this
<br /> Trust, includin�casts of e�iden�e of title in connection with sale, Trustee shall apply the pro�eeds of sale
<br /> to payment of ti}all sums expended under the terms of this Deed of Trust or under the terms of the Note
<br /> not then repaid, includin� but not limited to a��rued interest and late �harges, (ii} all other sums then
<br /> se�ured here�y, and (iii}the remainder, if any, to the person or persons legally entitled thereta.
<br /> (�} Trustee may in the manner pro�ided by larrv postpone sale of all or any partian of the Property.
<br /> Remedies Not Exclusi�e. Trustee and Lender, and ea�h of them, shall be entitled to enforce payment and
<br /> performance of any indebtedness or o�li�ations se�ured by this Deed of Trust and to exer�ise all rights and pawers
<br /> under this Deed of Trust, under the Note, under any of the Related ❑ocuments, or under any other agreement or
<br /> any laws now or hereafter in force; notwithstanding, s�me or all of such indebtedness and o�li�ations se�ured by
<br /> this Deed of Trust may now or hereafter be ❑therwise se�ured, whether by mort�a�e, deed of trust, pledge, lien,
<br /> assignment or atherwise. Neither the a��eptan�e of this Deed of Trust nor its enforcement, whether by court
<br /> actian or pursuant to the pawer of sale or other pawers contained in this Deed of Trust, shall prejudi�e 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 ea�h 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 a�solute discretion determine. N� remedy conferred upon or reser�ed to Trustee or
<br /> Lender, is intended to be ex�lusi�e of any other remedy in this Deed of Trust or by law pro�ided or permitted, but
<br /> ea�h shall be cumulati�e and shall be in addition to e�ery other remedy gi�en in this Deed of Trust or now or
<br /> hereafter existin� at law or in equity or by statute. E�ery pawer or remedy gi�en by the Note or any of the Related
<br /> Documents to Trustee or Lender or to which either of them may be ❑therwise entitled, may be exer�ised,
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