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2� 1 �� 1388
<br /> DEED DF TRUST
<br /> �C�ntirlue�l� Page 5
<br /> time and fvr any reason.
<br /> Death or Insvl�en�y. The death af Trustor, �hs insal�ency o�Trustor, the appointment a�a receiver fvr any part of
<br /> Trustor's prvperty, any assignment for the henefit of credi�ors, any type of creditar workout, �r the
<br /> �vmmencement o�any praceeding under any bankruptcy vr insol�en�y la►n►s by ar against Trus�or.
<br /> Creditvr or Forfeiture Proce�dings. Commencement a� �oreclosure or for�eiture praceedings, whethe� by judicial
<br /> prviceeding, self-h�lp, rep�ssession ar any vther method, by any creditor o�Trus�or or by any go�ernmental agency
<br /> against any pr�p�rty secur�ng the Indebtedness. This includes a garnishment of any of Trust�r's a�coun�s,
<br /> including deposit a�counts, with �ender. Howe�er, this E�en� of De�ault shall not apply if �here �s a good fai�h
<br /> dispute by Trustor as t❑ the �alidi�y or reasonableness o�the claim which is the basis of the creditor or fvrfeiture
<br /> proceeding and i� Trus�or gi�es Lender rrvrit�en n�tic� of the credit�r or forfei�ure prviceeding and deposits with
<br /> Lender monies or a surety bond �or th� creditor or forfeiture proceeding, in an amount determined by L�nder, in its
<br /> sole discre�ion, as being an adequa�e reser�e or bond �or the dispute.
<br /> Breach of�ther Agreement. Any breach by Trust�r under the�erms v�any a�her agreem�n'� be�w��n Trustor and
<br /> Lender tha� is not remedied wi�hin any grace peri�d prfl�ided therein, inGluding without fimitation any agreement
<br /> concerning any indeb�edness or other obiiga�ion ot Trus�ar to Lender, whe�her exist�ng naw or later.
<br /> E�en#s Af�ecting Guarantor, Any o�the preceding e�en�s occurs with respect to any guarantor, endorser, sur�ty,
<br /> �r accommodation party of any o� the I ndebtedness or any guarantor, end�rse�, surety, or accommadation pa�ty
<br /> dies or becomes incampet�nt, or re�vkes or d�sputes th� �a[�dity �f, or liahility under, any Guaranty v� the
<br /> Indebtedness.
<br /> Adrrerse Ghange. A ma�erial ad�erse change occurs in Trustflr's financia[ condition, ar Lender belie�es the
<br /> prospe�t of paym�nt o�performance of the Indebtedness is impaired.
<br /> [nsecurity. L�nder in goad faith be�ie��s i�self�nsecure.
<br /> Right to Cure. �f any defaul�, vther than a default in payment, is curable and i�Trus�or has not �een gi�en a notice
<br /> of a breach❑f�he same pro�ision of this D�ed�f Trust within the preceding rwel�e ��2} months, i�may be cured if
<br /> Trustor, a�ter L�nder sends wr�tten no�ice to Trustor demanding cure of such default: ��� �ures the defau�t within
<br /> twenty 42�3 days; or �2� i� the �ure requires more than twenty �20y days, immediat��y ini�iates steps which
<br /> Lender deems in Lender`s so(e discre�ivn to �e sufficient to cure �he default and thereafter continues and
<br /> completes all reasanable and necessary steps sufficient t� p�adu�e compliance as soon as reasanably practical.
<br /> RlGHTS AND REMEDIES �N DEFAULT, lf an E�ent of Default ❑ccurs und�r�his Deed af Trust, a� any time thereaf�er,
<br /> Trus�ee or Lender may exercise any ane or more of the fo[lowing righ�s and remedies:
<br /> Accelera#i�n Upvn Defaul�; Addi�ivnal Remedies. l# any E�ent o� Def�ul� occurs as per the te�ms of the Note
<br /> seCu�ed hereby, Lender may de�lare all lnd�btedness secured hy this Deed o�Trust�o be due and payable and
<br /> the same shall thereupon bec�me due and payable with�ut any presentm�nt, demand, protest or notice o�any
<br /> kind. Thereafter, Lender may:
<br /> �a� Either in person or by agent, with or withvut bringing any action ❑r proceeding, or by a recei�er
<br /> appvinted by a court and wi#hout regard to the adequacy of its security, enter upon and take possessian
<br /> of the Praperty, or any part thereof, �n its own name ar in the name af Trustee, and dv any acts which it
<br /> deems necessary�r desirable to preser���he �alue, marketahility or rentabil�ty of the Property, �r part vf
<br /> the Property ar in��rest in �he Praperty; increase the income from the P�operty or pratect�he security o�
<br /> �he Property; and, with or wi�hout taking possession o� the Property, su� �or flr otherwise collect the
<br /> rents, issues and pro�its of the Property, including those pas� due and unpaid, and appiy the same, fess
<br /> cos�s and expenses o�vperation and cvllec�ion attv�neys' fees, tn any indeb�edness secured by this ❑eed
<br /> of Trust, all in such order as Lender may determine. The entering upan and taking pvssession of the
<br /> Prop�rty, the co[��ctian af such rents, 155L1�S and profits, and �he appli�ation �hereof shal[ not cure ar
<br /> wai�� any default or notice o�defiaul� under this Deed af Trust or in�alidate any act dane in respanse t�
<br /> such default or pursuant to such noti�e of de�ault; and, notwithstanding the continuan�e in p�ssession of
<br /> the Proper�y or �he collecti�rn, r�ceipt and application af rents, issues ar pro�its, Trustee a� Lender shafl
<br /> he entitled to exercise e�ery right pro�ided for in the N�te o�the Rela�ed Documents or by law upon �he
<br /> occurrence o�any e�ent a�defaul�, including the right to�xercise�he power of sale;
<br /> �b3 Commence an a�tion�o fareclose�his Deed of Trust as a mortgage, appoin�a recei�er�r specifica�ly
<br /> en�orce any of rhe�v�enants hereof; and
<br /> �c} Deli�er to Trust�e a writ�en dec[aration vf defiault and demand �or sa�e and a writfien natice vf de�ault
<br /> and election ta caus�Trustor's int�rest in the Property t❑ be sold, which notice Trustee shall cause to be
<br /> � duly filed�or record in the appropriate o��ices of th� �ounty in which the Proper�y is focated; and
<br /> 4d� With respec�t❑ a�� or any part of the Personal Property, Lender shali ha�e all fihe rights and remedies
<br /> o�a secured party under the Nebraska Uniform Commercial Cvde.
<br /> Fore�lvsure by Power of Sa�e. lf Lender elects�v forec�ose �y exercise o�the Povuer of 5afe h�rein�ontained,
<br /> Lender shall n�tify Trustee and shall deposit wi�h Trustee this Deed ��Trust and the N�te and such receipts
<br /> and e�idence af expend�tu�es made and secured by this De�d of Trust as Trustee may requ�re.
<br /> �a} Upon re�eipt o�such no�ice from Lender, Trustee shall caus��o be recorded, published and deli�ered
<br /> to Trusto� such Nafiice af Default and No�i�e of Safe as then requ�red by law and hy this Deed o�Trust.
<br /> Trustee sha11, without demand ❑n Trustor, after such time as may then �e requ�red by �aw and a�ter
<br /> �ecordation of such Na�ice of De�ault and after Notice af Sale ha�ing k�een gi��n as required by law, sell
<br /> the Proper�y at �he time and pla�e of sale f�xed by �� in such Natice of Sa(e, either as a whoie, or in
<br /> separate lo�s ar parc�ls or items as Trustee shal� deem expedient, and in such order as it may determine,
<br /> at public auction tv the highest bidder fvr cash in lawful money vf the Unit�d Statss paya�le at the time
<br /> af sale. Trusfiee shall deli�er to su�h purchaser �r purchas�rs thereof its gaod and suf�icient deed ar
<br /> deeds con�eying the property so sold, hut withaux any co�enant ❑r warranty, express or imp�ied. The
<br /> recitals in such deed vf any matters �r fa�ts shall be conclusi�e provf of the truthfulness �hereofi. Any
<br /> persvn, including withaut limitatifln Trus��r, Trustee, or Lend�r, rnay purGhase at such sale.
<br /> �by As may b� permit�ed �y law, after deduct�ng all �osts, fe�s and expenses �f Trustee and ❑f �his
<br /> Trust, including costs of e�idence of title in �onnectian with sale f Trustee shalf apply the praceeds of sale
<br /> to payment of �i� a�� sums expended under the terms of�his Deed of Trus�or under the�erms of the Nv�e
<br /> no� th�n repaid, including but not limi�ed to accrued in�erest and late charges, ���� all other sums then
<br /> se�ured hereby, and �iii� �he remainder, if any, ta the persvn❑r persons legally entitled�hereto.
<br /> �c} Trustee may in the manner pro�ided by law pastpone sale of all o�any pvrtion o�the Property.
<br /> Remedies Nat Ex�iusi�e. Trustee and Lender, and each o� them, shall be enti�led t� en�vrce payment and
<br /> performance vf any indeb�edness or obligations s�cured by this ❑eed of Trust and t❑ exercise a�! r�ghts and pawers
<br /> under this Deed of T�ust, under �he No�e, under any of the Related Doc�ments, or under any other agreement or
<br /> any faws n�w or hereafter in farce; natwi�hstand�ng, some or a�� o�such indebt�dness and ob�igations secured by
<br /> �h�s Deed vf Trus� may norrv or hereafter be otherwise secured, whether by martgage, deed of trust, pledge, lien,
<br /> assignment or v�herwise. Neither the acceptance of this Deed �� Trust nor its en�orcement, wheth�r by court
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