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201500164
<br /> D�ED OF TRUST
<br /> Loan No: 685031� (Contltlu�d) pa�� �
<br /> e#f�ct (including failure of any collateraE dacument to create a valid and perfected security interest or lien) at any
<br /> time xnd for any r�asan.
<br /> Death or Insol�ency. The death of Trustor, the insol�ency of Trustor,the appointment of a recei�er for any part of
<br /> Trustor's property, any assignment far the benefi# af creditors, any type of creditor workout, or the
<br /> commencement of any.praceeding under any 6ankruptcy or insolvency faws by vr againsE Trustore
<br /> Creditor or Forfeiture Proceedings. Commencemant of foreclosure or forfeiture proceedings, whether by judicial
<br /> proceeding,self-he9p, repossessian or any other method, by any creciitor af Trustor or by any govemmental agency
<br /> against any property securing the Indebtedness. This includes a gamishment of any nf Trustor's acwunts,
<br /> including depasit accounts, wiih Lender. However, this Event of Default shafl not apply if there is a gaod faifh
<br /> dispute by Trvstor as#o the val9dity or reasonabfeness oi the claim uuhich is the basis of the creditor or forfeiture
<br /> proceeding and if Trustar gives Lenc4er written notice of the crediYdr or for�eiture proceeding and deposits with
<br /> Lender monies or a surety bond for the credEtor or forteiture proceeding, in an amount deterrninec[by LeRder, in its
<br /> sole discretion,as being an adequafe reserve or bond for the dispute.
<br /> Breach of Other Agreement. /any breach by Trustor under the terms of any otf�er agreemenf between Trustor and
<br /> Lender that is nat remedied within any gwace period provided therein, including without limitation any agreement
<br /> concerning any indebtedness ar other obligaEion of Trustor to�ender,whether existing now or later.
<br /> Events Affecting G�arantor. Any of#he preceding e�ents occurs with respect to any guarantor, endorser, surety,
<br /> or accommodafion party af any of the Indebtedness or any g�arantor, endorser, surery, or accommodation party
<br /> dies or becomes incompetent, or revokes or disputes the validity of, or liabifity under, any Guaranty of the
<br /> Indebtedness.
<br /> Ad�erse Cf�ange. A maEerial adverse change occurs in Trustor's financial condition, or �erider believes the
<br /> praspect of paymer�t or perFormance of the Indebteclness is impaired.
<br /> lnsecurity, Lander in good faith believes itseEf insecure.
<br /> Existing ]ndebtedness. 7F�e payment of any installment of principal or any interest on fhe Existing Indebtedness is
<br /> no# made within Ehe time required by the promissory note evidencing such indebtednass, or a default occurs under
<br /> the instrument securing such indebtedness and is not cured during any applicable grace period in such insfrument,
<br /> or any sui#or other action is commenced Eo forecfose any existing lien on the Property.
<br /> RIGHTS AND REME�IES ON pEFAULT. If an Everrt of Default accurs under this beed af Trust, at ar3y time thereafter,
<br /> Trustee or Lencier may exerase any one or more of the following rights and rerr�dies:
<br /> Acceleration Upon Default; Additional Remedies. If any Event of�efault occurs as per the terms of the Note
<br /> secured hereby,Lender may declare a!I�Indebtedness secured by this Deed of Trust to be due and payable and
<br /> the sarne shall thereupon hecome due and payabfe without any presentment, derr�nd,protest or notice of any
<br /> kind. Thereafter, Lender may:
<br /> (a) Either in person or by agent, with or without bringing any actior� or proceeding, or by a receiver
<br /> appointed by a court and without regarcl fo the adequacy of its security, enter upon 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 c{esirable to preserve the value, rr�arketability or rentability of the Properky,or part o{
<br /> the �roperty or interest in the Properiy; increase the income from the Property or protect the security oi
<br /> the Property; and, w9th or without taking possessipn of Ehe Property, s�e for or otherwise oollect the
<br /> rents, issues and profts of the Property, inc[uding thase past due and unpaid, and apply the same, [ess
<br /> costs and expenses of operatian and collection attorneys'fees,to any indebtedness sec�red by this Deed
<br /> afi Trust, al[ in such order as Lender rnay determine. The entering upon and taking possession of the
<br /> ProperEy, the collection of such rents, issues and profits, and the applicativr� thereof shall not cure or
<br /> waive any c[eFault or noYice of dafault under#his Deed of Trust or invalidate any act done in response to
<br /> such defaul#ar pursuant to such notice of default; and, no#withstanding the continuance in possession of
<br /> tha Property or the coflection, receipt and application of ren#s, issues or profts, Trustee or Lend�r shall
<br /> be entitlecf to exercise every right provided for in the Note or the Related Documents or 6y law upon the
<br /> occurrence of any event of default, inafuding the right to exercise the power of sale;
<br /> (b} Commence an actian to foreclpse fhis[aeed of Trust as a mortgage, appoint a receiver or specifically
<br /> enforce any of khe covenants hereof; and
<br /> (c) Deli�er to Trustee a written dec{aration pf defau�t and demand for sale ar3d a writken notice of defau[t
<br /> and eleckion to ca�se Trustor's interest in the Property to he sold,which notice Trustee shall cause to he
<br /> duly filed for recorcf in the appropriate offices oF the County in which th�Property is located;and
<br /> (d) �th respect to all or any part of the Personal Property, Lerrder shall ha�ve all the righks and remedies
<br /> af a secured party under the�[ebraska Uniform Commercia[Code.
<br /> Foreclnsure by Power of Sale. If Lencier elects to foreclose 6y exerase of the Power pf Safe herein ca-3tained,
<br /> Lender shall natify Trustee and shall deposit with Trus#ee this �eed of Trust and tF�e No#e and such receipts
<br /> and evidence of expendi#ures made and secured by this I�eed of Trust as Tr�stee may require.
<br /> (a) Upon receipt of such notice from Lender,Trustee shall cause io b�recorded, publfshed and delivered
<br /> ta TrusYpr such Notic:e of C}efault and Notice of Sa�e as then required by law and by this Deed of Trusf.
<br /> Trustee shall, without demand on Trustor, after such time as may then be required by law and after
<br /> recordatipn of such Notioe of Default and after Notice of 5ale having been giver�as required by law, sell
<br /> the Properry aY the time and place of sale fixed by it in such Notice of Sale, eifher 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 public auction to the highest bidder for cash in lawful money of the United 5tates payab[e at the time
<br /> of sale_ Trustee shall deli�er to such purchaser or purchasers tF�ereof its good and sufficieRt deed or
<br /> deeds oonveying the property so sold, but without any covenant or warranty, express or imp[i�d. The
<br /> reciials in such deed of any mafters ar facts shall be candusive proof of the truthfulness thereaf. Any
<br /> person, incfuding without limitation Trustor,Trustee,or Lender, may purchase at such sale.
<br /> (b) As may be perrr�itted by faw, after deducting all costs, fees and expenses of Trustee and of this
<br /> Trust, including costs af evidence af title in conneckion with sale,Trustee shal!apply the proceeds oi sale
<br /> to payment of (i)all sums expended under#he terms of this�eed of Trust or under khe terms ot the Note
<br /> not then repaid, including but not limited to accrued interesE and,late charges, (ii) all vther sums then
<br /> secured hereby,and (iii}the remainder, if any,to ff�e person ar persons legaliy entitled thereto.
<br /> (c} Trustee may in the manner provided by law postpone sale of a[I or any portion of the Property.
<br /> Remedies Not Exclusl�e. Trustee and Lender, and each of therr�, sF�all be entitled to enforce paymeRt and
<br /> pertormance of any indebtedness or obligations secured by this Deed of Trust and to exercise alE rights and powers
<br /> under this Deed of Trust, under the Note, under any of the Related DocumenEs, or under any other agreement or
<br /> any laws now or hereafter in force; nofwithstanding, some or all of such indebFedness and obligations secured by
<br /> this beed of Trust may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, lien,
<br /> assignment or atherwise. �[either the acceptance of this Daed of TrusE nor its enforcement, whether by court
<br /> action or pursuant to the power of sale or other powers cpntained in this Deed of Trusk, shall prejudice or in any
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