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' 201406488
<br /> ' D�ED OF "�RUST
<br /> (Continue�j' 'Page 5
<br /> concerning any indebtedness or ather obiigaiion of Trustor to Lender,whether existing now or later.
<br /> Events Affecting Guarantor. Any of the preceding e�ents occurs with respect to any guaran�or,'endorse�,surety;
<br /> or accommodation party of any of the Indebtedness or any c�uarantor,,endorser, surety; or aceommodation party
<br /> dies' or becomes incompetent, or revokes or disputes the validity of, Qr liability under, any',Guaranty of the
<br /> Indebtedness.
<br /> Insecurity. �ender in,gootl faith believes itself insecure.'
<br /> Existing Indebtedness. Ths payment of any installmenf of prinCipai or any interest on the Existing I�debtedness is
<br /> not made within the time required by the promissory note evidencing such indebtedness,l'or a defauK occurs under
<br /> the instrument securing such'indebted'ness and is not cured during any applicable grace period in''sueh instrument;
<br /> or any suit ar other a�tion is commenced to foreclose any existing lien on the Pr�peety. �
<br /> RIGHTS AND RE�€EDIES ON DEFAULT. If an Euent of Default Qccurs under'#his f�eed of Trust, at any time thereaRer;
<br /> Trustee or l.ender may exerase any one or mare of the following rights and remedies:
<br /> `Acceleration Upon Default; Additional Remedies. ff any E�ent of Default occurs as per the terms of the Note
<br /> 'secured'hereby,'Lender may deelare afl Inde6tedness seCured by this C7eed of Trust to be due and payable and'
<br /> 'the same shali thereuponl become'due and'payable'without'any presentment, demand,protest or notice of any
<br /> 'kind. Thereafter, Lender''may:
<br /> (a)' Either in person or by agent, with or without bringing any aetian or proceeding, or by a,receiver
<br /> appointed by a court and without regartl to the adequacy of its security, enter upon and#ake possession
<br /> of the Propert}r, or any part thereof, in its own name ar in the name of Trustee;and da any acts;which it
<br /> deems n�cessary or desirable to preserve#he value, marketability or rentability of th�Property,or part of
<br /> the'Property or interest in the Property; increase the inCome from the Property or protect the security of
<br /> the'Property; and, with or without taking possession'oP the'Property; sue for or otheiwise collect the
<br /> renYs, issues and profits of the Prcaperty, including those past'due antl'unpaid,and apply the same, less
<br /> costs and expenses of operation and collection attorneys'fees;'to any indebtedness secured by this Deed
<br /> of Trust, ali in such order as Lender may determine. The sntering upon and takirrg possession of the
<br /> Property, the coliection of such rents, issues and profits, and the application Ithereaf shall not cure Qr
<br /> waive any default or notic�of default under this Deed of Trust vr invalidate any act done in respernse tp'
<br /> such default or pursuant to such notice of def�ult; and', notwithstanding the Continuance in pc�ssession of
<br /> the'Property or Yhe coliection, receipt and application'of rents; issues'or profits, Trustee or Lender shai!'
<br /> b�entitletl to exercise every',right provided far in the Note or the Related DoCuments or by law upon the
<br /> oecureenee of any event Qf default, including the right to exei'cise the power of sale;
<br /> (b)'Commence an aetion fo foreclose this C)eed c�#Trust as a mortgage, appoint a receiver or specifically,
<br /> enforce any of the covenanfs hereaf;and
<br /> (c}I'Deliver to Trustee a written declaration of default and demand for sale and a written'notice of default'
<br /> and eieetion to caus�Trusta�s interest in the IPr4perty to be sold,which notice'Trustee shail cause to be
<br /> duly filed far record in the appropriate offices of the County in which the Rroperty is lacated;and'
<br /> (d),'With respect to a11 or any part of the Personal Property, Lender Sha11 ha�a all the rights and remedies'
<br /> ofi a secured party untler the<Nebraska Unfform Commercial Code.
<br /> 'Foreclosure by Power of Sale. If Lender elects to foreGose'by exercise of the Power'af Sale herein containec�„'
<br /> `Lender shall notify Trustee and shall deposit with Trustee this [aced of Trust and the Note and suCh';,reCeipts
<br /> 'and evidenee of e�enditures made and secured by'this Deed of Trust as Trustee may require!
<br /> (a},Upon receipt of such notice from Lender,Trustee sh�ll cause to be'recarcied, published and delivered'
<br /> to TrustQr such Notice af Defauit and Notice of Sate as then required,by law and by this C}eed of Trust.''
<br /> Trustee shall, without demand on Teusfcar, after such time as may then be required by law and after'
<br /> recordation lof such Notice of Default'and after Notice'of Sale'having{�n given as required by'law, seli''
<br /> the'Property at the time and plaee caf sale fixed Eay ijt in such Notice of Sale,'either as a whole, car in'
<br /> separate lots or parcels or items as Trustee shall deem expedient, and in such arder as it may determine;'
<br /> at pub(ic auction to the highest bidder fpr cash in lawful money of the'United States payabie at the time'
<br /> of sale. Trustee shall deliver to such purch�ser or purchasers thereof its goad and sufficient deed or
<br /> deeds ccanveying the properry so soid, but wiYhaut any eovenant c�r warranty,'eacpress'or implied. The'
<br /> recitals in such deed of any matters or facts snall be conclusive proof'o#the teuthfulness thereof. Any'
<br /> person, including without limitation Tcustor, Trustee,or Lender,may purchase at such saie.
<br /> (b} 'As may be perrnitted by law, after deducting all'cdsts, fees and'expenses c�f Trustee and af this'
<br /> Trust, incfudirlq costs of evidence of ti#le in cannectron'�with sale,Trustee shall�pply t[�e���praceeds of sale��'�
<br /> to payment'af (i)all sums e�ended under the terms of this Deed of Trust car under the terms Qf the Note''
<br /> not'then repaid, ineludir�g but not fimited to accrued interest and late'eharges;' (ii} all other sums then''
<br /> secured hereby,and'(iii)the�emainder,if any;'ta the person or'persons',legally en�itled thereto, '
<br /> (c) Trustee may in the manner provided by law postpqne sale of all or any portion of the'Proper#y.
<br /> Remedies Nat ExClusive. 7rustee and Lender, and each af them, shall be �ntitled to enforce payment and'
<br /> performance of any indebtedness or obligafions'secured'by this Deed nf Trust and to ex�rcise all rights and powers'
<br /> under#his Deed of Teust, under the Nate, under any of'the Related Documents,'or under any other agreement or
<br /> any laws now or hereatter in force; notwithstanding,some or afl of such indebtedness and obligations secured by'
<br /> this Deed of Trust may now ar herea#ter be otherwise secured,4.whether by mortgage, deed of trust, pE�;cige, lien,'
<br /> assignment or otherwise. Neither the' acceptance of this Deed of Trust nor its enforcement, whether by court'
<br /> action or pur5uant fa the power of sale oe other powers contained in this Deed of Trust, shall prejudice ar in any'
<br /> manner affect Trustee's ar Lender's right to realize upon or enforce any other security now or hereafter heid by;
<br /> Trustee or LEnder,if being agreed thaf ITeustee 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 fheir absolute discrefion'determine. No'�emedy conferretl upon or reserved to Trustee ar
<br /> Lender, is intsnded to'be exclusive of any othe�remedy,in this Deed of Trusf or'by law provided ar permitted, but'
<br /> each shall be cumulative and'shafl be`in addition to every other remedy given 'in this Deed of Trust or''now or'
<br /> hereafter existing at law or in equity or,'by statufe. Every power or remedy giuen'by the Nafe or any of the'Related'
<br /> Documents to Trustee or Lerrder ar '#o which either>of Yhem may be otherwise entit�ed, may be exercised,'
<br /> concurrently or independently,;,from time tq time and as nften as may be cieemed expedient by 7rustee or Lender,'
<br /> and either of them may pursue ineonsistent '�emedies. Nofh,ing in this l7eed''of Trust shali be construed as'
<br /> prohibiting Lender from seeking a deficiency judgment against the Trustor to the extent such acfion is permitted by'
<br /> law.''
<br /> Election of Remedies. AH of Lender's rights and remetlies wiJO be cumulative'and may be exercised alone or'
<br /> together. If Lender decides to spend money or to perform any'of Trustor°s obligations under this Deed of Trust,
<br /> after'Trustor's failure to do sca, that decision by Lender`will nQt'affect Lender's right to declare Trustor in defauft'
<br /> and to exercise Lender's remedies.
<br /> E2equest for Notice. TPustor, on behalf of Trustor and Lender, hereby requests that a copy of any Notice of Default
<br /> and a copy og any Notice 4f Sale under this �eed of Trust be mailed to them at the addresses set'>fc�rth in>the firsY'
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