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� . 2� 1 ��2119
<br /> DEED �F TRUST
<br /> Lvan No: 8�1 Q1�834 � �C�ntinued} Page 5
<br /> creditor wvrkout, or the commen�ement of any proceeding under any bankruptcy or insol��ncy laws by❑r against
<br /> Borrowe�or Trustor.
<br /> Credi#or ar Forfeiture Pra�eedings. Commencement of foreclosure or forfeiture pro�eedings, whether by judicial
<br /> proceeding, self-he�p, repvssession or any other method, by.any creditor Df BOCCVWSr or Trustor or by any
<br /> governmentai agency against any property securing the lndebtedness.� This includes a garnishment vf any of
<br /> Bvrrower's ❑r Trustor's accounts, including deposit acGounts, with Lender. However, this Event of Defauit shall
<br /> not app�y if there is a ga�d faith dispute �y Borrower ar Trustor as ta the �alidity or reasonableness of the c�aim
<br /> which is the basis of the creditor ar forfeiture praceeding and if Borrawer or Trustor_gives Lend�r written notice af
<br /> the creditor or�n�#eiture proceeding and deposits with Lender monies or a su�ety bond for the�reditor or farfeiture
<br /> proceeding, in an amount determined by Lender, in its sol�discretion,as being an adequate reserv�ar bond for the
<br /> dispute. -
<br /> Breach of Qther Agrsement. Any br�ach by Borrower or Trustar under the te�ms of any ather agr�ement�etween
<br /> Borrvwer or Trustar and Lender that 15 not remedied within any grace period provided therein, including without
<br /> iimita#ion any agreement c�ncerning any indeb#edness or other obligation of Borrower �r Trustar to Lender,
<br /> whether existing now or iater.
<br /> E�ents Affecting Guarantor. Any af the preceding e�ents ❑c�urs with respect to any Guarantar af any of the
<br /> Indebtedness or any Guarantar dies or becomes incompetent, or rev�kes ar disputes the validity af, ar liability
<br /> under,any�uaranty of the Indebtedness.
<br /> Ad�erse �hange. A materiaf adverse change occurs in Sorrower's o�r Trustor's finan�ial Cvndition, or Lender
<br /> believes the prospect of payment or per#�rmance of the Indebtedness is impaired.
<br /> #nsecurity. Lender in gaad faith believes itself insecure.
<br /> RIGHT5 AND REMEDIES ON DEFALILT, lf an E�ent of Default❑�curs under this De�d of Trust, at any time thereafter,
<br /> Trustee ar Lende�may exercise any one�r more of the fvltowing rights and remedi�s:
<br /> Acceleration Upon Default; Additiana! R�medies. if any Event of Default Qccurs as per the terms af the Note
<br /> secured hereby, Lender may declare all indebtedness secured by this �eed vf Trust t❑b�due and payable and
<br /> the same shall thereupan hecome due and payabfe without any presentment, demand, pratest or notice of any
<br /> kind. Thereafter, Lender may:
<br /> �a} Either in person or by agent, with or without bring�ng any action or proceed#ng, ❑r by a recei�er
<br /> appointed by a cvurt and without regard to the adequacy af its security, en#er upvn and take passession
<br /> of the Property, or any part thereaf, �n its awn name or in the name of Truste�, and do any acts which it
<br /> deems ne�essary or desirable to preser�e#h��alue, marketabi�i#y or rentability of the Praper#y,or part of
<br /> the Proper#y❑r in#erest in the Froperty; �ncrease the in�4me from the Property vr protect the security vf
<br /> the Property; and, with or without taking possess�on of the Praperty, sue fvr ❑r �therwise collect the
<br /> rents, issues and prafits of the Property, including thase past due and unpaid, and apply the same, I�ss
<br /> costs and expenses of aperation and collectivn attorneys'fees,to any indebt�dness secured by this[�eed
<br /> ❑# Trust, all in such order as Lender may determine. The entering upan and taking possessian of the
<br /> Property, the collec#ion of such rents, issues and profits, and the appfication thereaf shall not cure ❑r
<br /> wai�e any defau�t or notice of default under this Deed af Trust or invalid�te any a�t dvne in response to
<br /> such default or pursuant to such notice vf defau[t; and; notwithstanding the cvntinuan�e in possessivn of
<br /> the Property or the collection, recespt and applicat�an of rents, issues ❑r profits, Trustee or Lender shall
<br /> be ent�#led ta exer�ise e�ery right pro�Eded far in the Note or the Related Dvcuments or by law upon the
<br /> ❑ccurrence o�any e�ent a�default, incfuding the right tv exercise the power of sale;
<br /> �b} �vmmence an action tv#oreclose this Deed of Tru�t as a mort�age, appaint a re�eiver❑r specEfical�y
<br /> enfvrce any af the cv�enants hereof;and
<br /> �c} �eliver ta Trustee a writt�n declaration of default and demand far sale and a written n�tice af default
<br /> and elec�ian to cause Trustar's interest in the Property to be sold,which notice Trustee shall cause tn be
<br /> du�y filed far re�ord in the apprapriate offices af the County�n which the Praperty�s lacat�d;and
<br /> �d} With respect to all or any part of the P�rsvnal Property, Lender shall ha�e all the rights and remedies
<br /> ❑f a secu�ed party under the Nehraska Uniform Cvmmercial Gode.
<br /> Foreclasure by Pvwer of Sale. if Lender elects ta fore�foSe by ex�rcise of the P�wer of Sal�herein contained,
<br /> Lender shall na#ify Trustee and shall deposit with Trustee this Deed af Trust and the Na#e and such receipts
<br /> and evidence❑f expenditures made and secured by this�eed of Trust as Trustee may require.
<br /> �a} upon receipt of su�h nvtice f�om Lender, Trustee sha�t caus�to be recorded, published and deli�e�ed
<br /> to Trustor such Nvtice of Defaul#and Notice ❑f Sa1e as then requ'tred by law and by this ❑eed of Trust.
<br /> Trustee shall, without demand on Trustvr, after such time as may then be required hy �aw and after
<br /> recvrdativn of such Notice af Defauit and after Notice vf 5ale having been gi�en as required by law, sell
<br /> the Property at the time and place of sale fixed hy it in such lVatice of 5ale, either as a whole, or in
<br /> separate lats ar parcels or items as Trustee shail deem expedient, and in such ❑rder as it may determine,
<br /> at pubiic auction to the highes#bidder for cash in la�ul maney of the United States payable at the#ime
<br /> of sale. Trustee shall deli�er to such purchaser or purchasers therevf its goad and sufficient deed or
<br /> �eeds conveying the praperty so so1d, but withaut any c��enant �r warranty, express or implied. The
<br /> recitals in such deed ot any matters or facts shall b� cvnclusi�e pr�of af ths truth�ulness thereof. Any
<br /> person, in�luding without limitation Trustor,Trustee,or Lender, may purchase at such sale.
<br /> �b} As may �e permitted by 1aw, a�ter deducting all costs, fees and expenses o� Trustee and of this
<br /> Trust, including casts of ev�dence af tit�e in�vnnection with saie,Trustee shall apply the proceeds vf sa�e
<br /> to payment of (i}all sums expended under the terms of this Deed af Trust ar under the terms o�the Nate
<br /> nvt then repaid, including but not limited to accrued interest and late charg�s, �ii} a11 other sums then
<br /> secured hereby,and (iii}the remainder, if any, to the�ersan or persons legally entitled thereto.
<br /> {c} Trus�ee may in the manner pra�ided by law postpone sale of all ar any par#ion of the Proper#y.
<br /> Remedies Nat Exclusive, Trustee and Lender, and each of them, shal! be entitled tv enforce payment and
<br /> perfarmance❑f any indeb#edness ar obligations se�ured by this Deed❑f Trust and tv exercise ali r�ghts and pawers
<br /> under#his ❑eed of Trust, under the Note, under any af the Related Docum�nts, or unde�any �ther agreement or
<br /> any laws now or hereafter in force; notwithstanding, some o�all af such indebtedness and vb�iga�ions secured by
<br /> this Qeed af Trust may now vr hereafter be otherwise secured, whether hy mortgage, deed ❑f#rust, pledge, lien,
<br /> assignment or otherwise. Neither the acceptanc� of this f]eed of Trust nvr its enfvrcement, whether by c�urt
<br /> action ar pursuant ta the pawer of sale or other pow�rs cantained in this Deed of Trust, shall prejudice or in any
<br /> manner affect Trustee's ar Lende�'s right ta realize upon or enfvrce any other security now ❑r hereafter he�d by
<br /> Trustee�r Lender, it being agreed that Trustee and Lender,and ea�h af them,.shall be entitled t❑enfvrce this Qeed
<br /> of Trust and any ather security naw ❑r hereafter held by Lender or Trustee in such ard�r and manner as they ❑r
<br /> �ither of them may in their absaiute discretion det�rmine. Na rem�dy conferred upon or reserved tv Truste� or
<br /> Lender, is intended to he ex�lusive of any other remedy in this Deed of Trust or by law provided ar permitted, but
<br /> each shall be cumulati�e and shalf be in addition to every ather remedy given in this Deed of Trust or now or
<br /> hereafter existing at law or in equity or by statute. Every pawer or remedy gi�en hy the Nate vr any❑f the Related
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