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��15�3797
<br /> DEE� C3F 1`RLJ�T
<br /> 4��nti�ued� P�ge 3
<br /> business or the death o� any member, �the insolvency �f Trus�or, the appaintmen�k of a recei�er #or any part af
<br /> Trustor's proper�y, any assignmen� for the benefit of creditors, any type of credi�or workout, or the
<br /> cammen�ement of any proceeding under any bankruptcy o�insol�ency la�rvs by or against Trustor.
<br /> EWen�s ►4��ecting Cuaran�tor. Any of the preceding �uents ❑ccurs �nri�h respec� �ko any Guarant�r of any o� the
<br /> Indebtedness or any Guarantar dies ar becomes inc�rnpetent, or revokes ar disputes the validity of, ❑r liability
<br /> under, any Guaranty o�the Indebtedn�ss.
<br /> Ad�erse �hange. A ma�eriaf adverse �hange occurs �n Trustor's �Financial conditian, or Lender beli��es the
<br /> prospect❑�F paymen�or per�ormance❑f the Indebtedness is impai�ed.
<br /> lnsecuri�y, Lender in good fa�th believes itself insecure.
<br /> �ilGHTS AN� REMEI31E5 DN DEFAULT. Upon �he accurrence o�F any E�ent o� Defau[t under any Endebtedness, or
<br /> sh�uld Trustor faif to comply with any�f Trustvr's obligations under�this �eed of Trust, Trustee�r Lender may exercise
<br /> any one or more of th�follovving rights and r�medies:
<br /> Acce�eration Upon Default; Addet�anal Remedies. lf any E�ent of Default ❑ccurs as per�he terms o�the 1Vo�e
<br /> secured hereby, Lender may declare all Indeb��dness secured by this Deed �f Trust to be du� and payable and
<br /> the same sha[[thereup�n hecome due and payabl� without any presentment, demand, pro��st�r n�tice o�any
<br /> kind. Thereaf�er, Lender may:
<br /> �a} Either in person or �y agent, wi�h ar withaut bringing any actian or praceeding, or �y a recei��r
<br /> appointed by a Gourt and wi�hou-� regard to the adequa�y of its secu�ity, enter upon and take possession
<br /> of the Pr�perty, �r any par��hereof, in its own name o� in the name of Trustee, and do any ac�s v�hich it
<br /> deems necessary or des�rable t❑ pres�rve the Wa[ue, marketabi[�ty or ren�ability of the Praperty, �r par�of
<br /> the Praperty or �nterest in the Prop�rty; increase �h� income from �the Property or pr�tect the securi�y of
<br /> �he Pr�p�rty; and, with �r w�thou� taking p�ssession af the Property, sue fvr or vtherwise co[[ect the
<br /> rents, issues and profits of the Pr�perty, including �hose past due and unpaid, and apply the same, fess
<br /> cos�s and expenses of operation and collec�i�n attorneys" fees,to any indebtedness secured by this Deed
<br /> of Trus�, a�� in such order as Lender may de�ermin�. The entering up�n and ta�ing possession o�F the
<br /> Property, the Go��ection �f such rents, issues and profi�s, and the appli�ation thereafi shall not cure or
<br /> � wai�e any default or no�ice of default under this Deed of Trust ar in�alidate any act done in resp�nse to
<br /> such defaul�or pursuant to such notice of de�aul�; and, no�withstand�ng the con�inuance in possession of
<br /> the Pr�p�rty or the coC[ec�ion, receipt and applicatian of rents, issues ar profits, Trustee or Lender shall
<br /> be entitled tn exercise e�ery right pro�ided fo� in the Nate ❑r the Re�ated Da�uments or �y �aw upon the
<br /> vccurrence of any e�en�of default, including�the righ-�to exercise the pov�rer❑f saler
<br /> �b� C�mmence an ac�ion to �oreclose this ❑eed of Trus# as a mortgage, appoin� a re�eiver or speci�i�a�ly
<br /> enforce any of-�he covenan�s her�af; and
<br /> �c� ❑e�iver ta Trustee a written declaration o�de��u�t and demand far sale and a v+�ritten natice �f defaul�
<br /> and e[ec�ion to cause Trustor's in�erest in the Property to be sald, which notice Trustee shall cause to be
<br /> duly fi�ed for recard in the appr�priate o�#fices of�he C�unty in which�he Pr�perty is loca�ed; and
<br /> �d� Vll�th respect to all or any part o�the Personal Property, Lender shall ha�e ail �he rights and remedies
<br /> nfi a secured party under�he Nebraska lJniform Commercia[ Code.
<br /> Foreclosure by Pvwer of Safe. lf L�nder elects to�oreclose by exercise af the Power�f 5a�e herein contained,
<br /> Lender shall notify Trustee and sha[! deposit with Trustee this ❑eed of Trus# and the Note and such r�c�ipts
<br /> and e�idence of expenditures made and secured by this Deed o�Trust as Trustee may require.
<br /> �a} lJpon re�eipt of such n�t�ce #rom Lender, Trus�ee shall cause t� be re�orded, published and deli�ered
<br /> to Trustor such Natice of Defauit and N�tice of 5ale as then required by law and by this Deed of Trust.
<br /> Trustee sha[[, with�ut demand on Trus�or, af�er su�h time as may �hen be required by faw and af�er
<br /> recorda�ion o�such Natice o� Defau[t and aft�r Nat€ce ❑�F 5a[e ha�ing heen gi�en as required �y law, self
<br /> the Property at the t�me and place of sal� fixed by it in such Notice of Sale, ei�her as a wh�le, or in
<br /> separa�e lots or parcels or items as Trus�ee shal� deem exped�en�t, and in such order as i�may determine,
<br /> at pubfi� au�tion �a the highest bidder for cash in lawfu[ money of the United Sta�es payable at the �ime
<br /> of sal�. Trustee shall deli�er �o such purchaser or purchasers thereof its good and sufficient deed or
<br /> deeds c�n�eying the pr�perty s� sald, bu� �rvithout any c�venant or warranty, express �r implied. The
<br /> re�ifials in such deed af any matfiers or �acts sha[[ h� conclusi�e proa�f of �he �rufihfulness thereof. Any
<br /> person, including without limi�ati�n Trustar, Trus�ee, ar Lend�r, may purchase at such saie.
<br /> {b} As may be permitted by law, a�ter deducting all cos�s, fees and expenses �f Trustee and of this
<br /> Trust, inc[uding costs o�F e�idence o�title in conn�ction with sale,Trustee shall apply the proceeds of sal�
<br /> �o payment�f �i} all sums expended under the terms ot�this C]eed �f Trust or under the terms o#the N��e
<br /> not then repaid, including bu� not l�mited t� accrued interes� and late charges, tii} a[[ other sums then
<br /> secured hereby, and �iii} �h� r�ma�nder, if any, �a�he person or persons lega[[y en�titled thereta.
<br /> �c) Trustee may in the manner p�o�ided by law postpone sa�e o�f all ❑r any partion o�the Property.
<br /> F3emedies 1Vot Excfusiue. Trustee and Lender, and each of -�hem, sha[[ �e en�i�led �� �n'�orce paymen� and
<br /> perf�rmance o�F any indebtedness or obligati�ns secured by�his Deed of Trust and to exercise all rights and powers
<br /> under this Deed o�F Trust, under �he N�te, under any o-��he Related D�cuments, or under any o�her agreement or
<br /> any faws no� or hereafter in force; notwithstanding, some or al[ o�F such ind�btedness and obligations s��ured by
<br /> this Deed o�Trust may now or hereafter be �th�rwise secured, whether by mor�gage, deed of trus�, p�edge, lien,
<br /> assignmen� or o�herwise. Neither the acceptance o� this Deed of Trust nor its en�orGement, whether by �our�
<br /> act�an or pursuant�o fihe pawer �f sale or other powers contained in this Deed of Trust, sha[[ prejudi�e or in any
<br /> manner a�f��-t Trustee's ar Lender's right t� reali�e upon or enforce any ��her secu�ity now or herea�F�er held by
<br /> Trustee�� Lender, it being agre�d that Trustee and Lender, and each�f them, shaCC be entitled to enfar�e fihis D�ed
<br /> o# Trust and any other security now �r herea�ter held by Lender or Trustee in such order and manner as they or
<br /> either of �hem may in �heir absolute discr�ti�n determine. N❑ remedy conferred upon or reserved �� Trustee or
<br /> Lender, is infiended �o be exclusi�e �f any o�her remedy �n this Deed Qf Trust❑r by law pro�ided or permitted, but
<br /> each shall be cumulafii�e and shall �e in addition to e�ery other remedy gi�en in this Deed af �rust or now or
<br /> hereaft�r existing at law or in equity or by statute. Every power�r remedy gi�en by the Note or any o�F�he Re[ated
<br /> �ocuments ta Trustee or Lender �r t� whi�h either of them may be �therwise en�i�led, may be exercised,
<br /> Goncurrently or independently, �rom �ime to time and as often as may be deemed expedient by Trustee or Lender,
<br /> and ei�her of them may pursue inconsisten� remedies. Nothing in this Deed o� Trust shal[ bs construed as
<br /> prohibiting Lender from seeking a deficiency judgmen�against the Trus�or to the ext�nt such action is permitted by
<br /> �aw. E�ection by Lender to pursue any remedy shall not exclude pursuit ofi any othe� remedy, and an elec�ian to
<br /> make expenditures or to take action ta perform an obf igation o# Trustor under this ❑eed of Trust, after Trus��r's
<br /> �a��ure�o perform, shall n�t a�fect Lender's right to declare a default and exercise its rem�di�s.
<br /> Reques���r iVvtice. Trus�or, on behalf o�Trustor and Lender, h�reby requests�hat a copy��any Na�ice of ❑efau[t
<br /> and a copy of any IVotice �f Sa�e under this ❑eed of Trust he mailed �o them a�th� addresses s�t forth in the first
<br /> paragraph�f this Deed of Trust. �
<br /> A��nrneys' Fees: Expenses. If Lender ins�itutes any suit �r acti�n to enforce any af the terms �f this Deed of
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