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��l 5�681 1
<br /> DEED �F TRUST
<br /> t�antinued� Page 3
<br /> Adverse Ghange. A material ad�erse change occurs in Trustor's financial conditian, or Lender belie�es the
<br /> prvspect of payment or performance of th�Indebtedness is impaired.
<br /> f � se �
<br /> R�GHTS AND REMEDIES �N DEFAULT. Upan the occurrence vf any E�ent of Default under any indebtedness, ar
<br /> should Trust�r fail t❑compfy with any of Trustor's obligatians under this ❑eed of Trust, Trustee vr Lender may exercise
<br /> any❑ne or more af the foilawing rights and remedi�s:
<br /> A��elgration Upan Default;Additional Aemedies. If any E�ent of ❑efault ac�urs as per the terms of th� Note
<br /> secured hereby, Lender may declare all Indebtedness secured hy this Deed af Trust tv be due and payahle and
<br /> the sam�sha�l thereupon be�ame due and payable without any presentment. demand, prat�st ar noti�e af any
<br /> kind. Thereafter, Lender may:
<br /> �a} Either in person ❑r by agent, with ❑r without bringing any a�tion ❑r pro�eeding, ❑r by a recei�er
<br /> appointed by a court and without regard to the adequacy❑f its security, enter upvn and take passession
<br /> af the Prvperty, or any part#hereof, in its own name or in the name of Trustee, and do any acts which it
<br /> deems necessary vr desirable t� preser�e the�alu�, marketability or rentability of the Property� vr part of
<br /> the Property �r interest in the Property; increas� the incom� from the Property ar prvtect the seGurity of
<br /> the Praperty; and, with or with�ut taking passession vf th� Property, sue for ❑r atherwise callect the
<br /> rents, issues and prafits a#the Prap�rty, including thvse past due and unpaid, and apply the same� less
<br /> casts and expenses o�vperativn and collection attorneys' �ees,to any indebtedness secured by this Deed
<br /> of Trust, ali in such arder as Lender may determin�. The entering upan and taking passession ❑f the
<br /> Property, the cvllection of such rents, issues and profits, and the appli�ation thereof shall nvt cure ar
<br /> wai�e any d�fault or notice af default under this Deed ❑f Trust of in�alidate any act dvne in respons�to
<br /> such default or pursuant to such notice af default; and, natwithstanding the continuance in possession❑f
<br /> the Property or the calfe�tion, receipt and app�ication of rents, issues or prvfits, Trustee ❑r Lender shaif
<br /> be entitled to exercise e�ery right pra�id�d for in the IVate or the Related Documents❑r by iaw upon the
<br /> occurrence af any e�ent�f default. including the right to exercise the power of sa�e;
<br /> �bf Commence an actian to forecl�se this ❑eed o#Trust as a mortgage. appoint a recei�er or specificaliy
<br /> enforce any of the cv�enants he�eof; and
<br /> �cy ❑�li�er ta Trustee a written de�laratian of default and demand for saie and a written notice vf default
<br /> and e�ection to cause Trustor's�nterest in the Prvperty to be svld, which nvtice Trustee shall cause ta be
<br /> duly filed for record in the apprvpriate offices vf th�County in which the Property is located; and
<br /> �d� With respect to a��or any part of the Persona! Prvperty, Lender sha�l have all the rights and remedies
<br /> ❑f a secured party under the Nebraska Unifarm Comrnercial Code.
<br /> Fore�losure by Power af Sale. if Lender ele�ts ta foreclase hy�xer�ise vf the Power of 5ale herein cantained,
<br /> Lender shall natify Trustee and shall depflsit with Trustee this De�d of Trust and the Note and such receipts
<br /> and e�idence of expenditures made and se�ured by this aeed vfi Trust as Trustee may require.
<br /> �a} Upon receipt o�su�h n�ti�e from Lender,Trustee shall cause to be recvrded, published and d�li�ered
<br /> to Trustor such Noti�e �f❑efault and Notice of Sale as then required by law and by this Deed �f Trust.
<br /> Trustee shall, with�ut demand on Trustar, after such time as may then be required by !aw and after
<br /> recordation of such NatiCe �f Default and after No�ice af Sale ha�ing been gi�en as required by law, seil
<br /> the Prvperty at the time and place of sale fixed by it in su�h Noti�e ❑f Sale, either as a whale, or in
<br /> separate ivts vr parcels❑r items as Trustee shall deem expedient, and in such arder as it may determine,
<br /> at pubi+c auc�ion tv the highest hidder for cash in lawful money af th� �nited 5tates payable at th�tim�
<br /> of sal�� Truste� shall deli�er ta su�h purchaser ar pur�hasers thereof its g�ad and sufficient deed or
<br /> deeds con�eying the prvperty so so�d, but withaut any cv�enan# or warranty, express ar implied. The
<br /> re�itafs in such de�d of any matters or fa�ts shall be canclusi�e proof of the truthfulness thereof. Any
<br /> person, including without iimitation Trustor, Trustee, �r L�nder, may purchase at such sale.
<br /> �by As may be permitted by faw, aft�r deducting all casts, f�es and expenses ❑f Trustee and af this
<br /> Trust, in�luding �osts o#e�idence of title in connection with sale, Trustee shall apply the praceeds of sale
<br /> tv payrnent af tiy al�sums expended under the terms of this Deed of Trust or under the terms ❑�the Note
<br /> nat then repaid, including but nvt limited t❑ accrued interest and lat� charg�s, tiif all other sums then
<br /> secured hereby, and �iii� the remainder, if any,to th�person ar persons legai�y entitled thereta.
<br /> ��� Trustee may in the manner pro�ided by law postpone sale of all or any porti�n❑f the Property.
<br /> Remedies Not Exclusive. Trustee and Lender, and each of them, shall be entitled ta enforce payrnent and
<br /> performan��af any indebtedness or a�ligations se�ured by this aeed af Trust and to exercise ail rights and powers
<br /> under this Deed of Trust, under th� Note, under any of the Related Documents, vr under any other agreement or
<br /> any �aws naw vr hereafter in farce: natwithstanding, svme or al! of such indebtedness and obligatians secured by
<br /> this �eed ❑f Trust may nvw ❑r hereafter be ❑therwise secured, whether hy rnortgage, deed of trust, pledge, lien,
<br /> assignment ar otherwise. Neither the a��eptance vf this Deed vf Trust nor its enforcement, whether by caurt
<br /> action or pursuant ta the power of sale or other pvwers contained in this Deed ❑f Trust, shall prejudice or in any
<br /> manner affect Trustee's or Lender's right to reali�e upon or �nforce any vther security nnw vr hereafter held by
<br /> Trustee or Lender, it being agreed#hat Trustee and Lender, and each�f them,shall be entitled to enfvr�e this Deed
<br /> of Trust and any other security now or hereafter held by Lender or Trustee in such arder and manner as they ❑r
<br /> either of them may in their absolute discretion determine. N❑ rgmedy conferred upon or reser�ed to Trustee ar
<br /> Lender, is intended to be exclusi�e of any ather remedy in this Deed of Trust vr by law prv�id�d ar permitted, but
<br /> each shall be cumulati�e and shal� be in addition ta e�ery ather remedy gi�en in this Deed of Trust or now vr
<br /> hereafter existing at law vr in equity❑r by statute. E�ery power or remedy gi��n by the Note ar any of the R�lated
<br /> �ocuments to Trustee or Lender vr tv which either of them may h� oth�rwise entitled, may be exercised,
<br /> concurrently nr independentfy, frorn time to time and as ❑ften as may be deemed expedient by Trustee❑r Lend�r,
<br /> and either of thsm rnay pursue in�onsistent remedies. Nothing in this Deed ❑f Trust shal! be �onstrued as
<br /> prohibitin� Lender fram seeking a de#iciency judgment against the Trustor ta the extent such actian is permitted by
<br /> law. Election by Lender to pursue any remedy shall nat exclude pursuit ❑f any other remedy, and an electian tv
<br /> make expenditur�s ❑r t❑ take action to perfarm an obligation of Trustor under this Deed of Trust, after T�ustar's
<br /> fai�ure to perfarm, shall not aff�ct Lender's right to deGlare a default and exercise its remedies.
<br /> Request fvr Noti�e. Trustor, an behalf of Trustar and Lender, hereby r�quests that a cvpy of any NotiG� of Default
<br /> and a copy o# any Notice �f Saie under this Deed af Trust be mailed tv them at the addresses set farth in the first
<br /> paragraph of this Deed of Trust.
<br /> Attvrneys' Fees; Expenses. If Lender institutes any suit ar action tv enforce any af the terms of this ❑eed of
<br /> Trust, Lender shall be entitled to reco�er such sum as the court may ad�udge reasonable as attorneys' fees at trial
<br /> and upon any appeal. Whether or not any court action is in�ol�ed. and to th� extent nat prohibited by law, all
<br /> reasonabl� expenses Lender incurs that in Lender's Qpinion are ne�essary at any time f�r the pratection ot its
<br /> interest flr the enfvrcement of its rights shall become a part of the Indebtedness payable on demand and shall bear
<br /> interest at the Note rate frvm the date❑f the expenditure until repaid. Expenses co�ered by this paragraph include,
<br /> without limitatian, howe�er subject to any limits under applicable law, Lender's attorneys' fees and Lender's I�gal
<br /> expenses, whether vr not there is a lawsuit� including attorneys' fees and expenses for bankrupt�y praceedings
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