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2� 1 ��2152
<br /> �EE� �F TF�U�T'
<br /> ����ti�ued� Pag� 3
<br /> Indeb�edness.
<br /> Adverse Cha�ge. A materia[ ad�erse change oc�urs in Trus�ar's financia� condition, or Lend�r belie�es the
<br /> prospe��vf payment or performance�f the Indebtedness is impaired.
<br /> Ins�curi�y, Lender in g��d�aith belie�es �tse�f insecure.
<br /> R�GHTS AiVD REMED�ES �N DEFAULT. �p�n the occurrence of any E�en� of Defauft under any indebtedness, or
<br /> should Trustor fail to comply with any af Trusfior's obli�ations under this Deed of Trust, Trustee vr Lender may exercise
<br /> any❑ne or more of the#ollowing rights and remedies:
<br /> � Accel�ration Upon Default; Additional �emedies. lf any E�en�af Default vccurs as per the�erms �f the Note
<br /> secured here�y, Lend�r may dec[are aC[ [ndebtedness secured by this Deed of Trust to �e due and payable and
<br /> the same shall thereupon become due and payabf� wi�hout any presentment, demand o� protest o� any kind,
<br /> Thereaf�er, Lender may:
<br /> 4a� Either in person �r by agent, with ar withou� bringing any action or pro�eeding, vr by a r�cei�er
<br /> appoinfied by a court and wi�hout regard �o the adequacy o# its security, enter upon and take possessian
<br /> vf the Property, or any par�thereo#, in i�s own narr�e vr in the nam� o�Trustee, and do any acts which �t
<br /> deems necessary❑r desirable t� preser��the va[ue, marketabi[ity or rentability vf the Prvperty, or part of
<br /> the Property ar �nteres� in the Property; increase fil�e income -from the Proper#y �r pro�tect the security o�F
<br /> the Property; and, with or without taking possession of the Prvper�y, sue fvr or a�herwise colfect the
<br /> rents, issues and profits of the Property, including those past due and unpaid, and apply the same, [ess
<br /> cvs�s and expense� of operation and callec�ion attarneys' fees,to any indebtedness secured by this Deed
<br /> ofi Trus�, a[I in su�h order as Lender may determi�e. The entering upvn and taking p�ssessi�n o� the
<br /> Property, the co��ectivn of such rents, issues and profits, and the applicati�n thereof shall not cure or
<br /> wai�e any defaul�v� nv�ice ❑-f default under�his D�ed af Trust�r in�alidate any act d�ne in response t�
<br /> such default or pur�uan��a such notice ofi default; and, notwithstanding�he con�inuance in pQssess��n of
<br /> �he Property or the cai�ection, receipt and application of rents, issues or prvfits, Trustee or Lender shall
<br /> be entitled t� exercise every right pra�ided �or in the Note or the Related Documen�s or t�y law upvn the
<br /> occurrence of any�v�nt o#defiault, inc{uding the right to exercise the power af sale;
<br /> {b� Commence an ac�ion t� forec�ose this �eed af Trust as a mvrtgage, appoint a recei�er or specifica�ly
<br /> enforce any of the co�enan�s hereof; and
<br /> �c� De[iver to Trus�ee a r�vritten declaration�f defau[t and demand fvr sale and a written n�tice af default
<br /> and electi�n to cause Trustvr's interes�in the �roperty tv be so1d, which noti��Trus�ee shall cause tv be
<br /> duly fi[ed far�ecard in the appropriate offiices ofi the Coun�y in which the Property is 1oGafied; and
<br /> �d� Vllith respect to a[f or any par�of�he Personal Prvperty, Lender shafi ha�e all th� rights and r�medies
<br /> of a secured par�y under the Nebraska Llniform Cvmmercial Code.
<br /> Fvreclosure by Power o�Sale. l#L�nde�-e[ects t� forec[ose by exer�ise ofi the Power af 5ale herein cvnta�ned,
<br /> Lender shall nvtify Trustee and shall dep�sit wi�h Trust�e �his ❑eed �f Trust and the Nate and su�h receipts
<br /> and e�idence o-�expenditures mad�and secured by this ❑eed of Trust as Trustee may require,
<br /> 4a� tJpon receipt of such nvtice from Lender, Trust�� shaii cause ta be recorded, puhl�shed and de[i�ered
<br /> tn Trustor such Nati�e a� Default and N��ice of Sale as then required by �aw and by this ❑eed of Trust.
<br /> Trustee shall, without demand on Trustvr, after �uch time as may then be r�quired by law and after
<br /> rec�rdati�n of such Natice of De#ault and after No�ice o� Saie ha�ing been gi�en as required by iav�r, se11
<br /> �he Proper�y at the time and place o� sale fixed by it in such No�ice �f Sale, either as a wha�e, or in
<br /> separate �ofs or parcels �r items as Trustee shall deem expedient, and in su�h �rder as it may defermine,
<br /> at publ�c auct�on ta �he highest bidder f�r cash in lawful money af th� �nited 5ta�es payable at th� �ime
<br /> vf sale. Trustee shafl de�i��r to such purchaser o� purchasers there�� i�s goad and sufficient d�ed or
<br /> deeds con�eying the property sv svld, but withvut any ��Wenant or warranty, express vr implied. The
<br /> recEta�s in such deed of any mat�ers or facts sha11 be conclusiWe proof of the truthfulness �here�f. Any
<br /> person, includ�ng without limitation Trus�or, Truste�, or Lender, may purchase at such sale.
<br /> �b� As may be permitted by Eaw, after deduc�ing all Cn5�5, fees and expenses �f Trustee and of this
<br /> Trust, inc�uding cos�ts o�e�idence af title in connec�ion with safe,Trustee shall apply the pr�ceeds��sale
<br /> �o payment of �i� a[[sums expended under th�terms�f this Deed o�Trust or under the terms ❑�f�he Note
<br /> not fihen repa�d, including but not limited fio accru�d interest and late charges, {ii} all other sums then
<br /> secured herei�y, and �ii'ry the remainder, if any,to the persvn❑r pers�ns fegally entit�ed�hereto.
<br /> {�} Trustee may in the manner provided by�aw pos�pone sale of a[I or any por�ion of�he Property,
<br /> Reme�ies Not Exclusive. Trus�ee and Lender, and ea�h �f th�m, shall be entitled to enforce payment and
<br /> per�ormance o�any indebtedness �r�b[igations secured by this Deed of Trust and �o exercise a[I rights and p�wers
<br /> unde�r �his ❑eed o�Trust, ur�der�he Note, under any of the Related D�cum�nts, or under any other agreement or
<br /> any laws now vr hereafter in force; n�twithstanding, some or al! v�such indehtedness and oE�ligations secured by
<br /> this Deed of Trus� may n�w vr herea�ter be atherwise se�ured, whe�her by mortgage, deed ofi trust, pledge, [ien,
<br /> assignment or otherw�se. Neither the aGGeptance af this C]eed ❑f Trust nor its enforcement, whe�her �y cour�
<br /> action or pursuant to the power o�F safe or other p�wers contained in this Deed a�Trust, shall prejudice ar in any
<br /> manner af�ec� Trustee's �r Lender's �-ight to realize upan �r en�Farce any o�ther security now vr hereafter he[d by
<br /> Trus�ee or Lender, i�being agreed tha�Trustee and Lender, and�ach o�F them, shai! be entit[ed tv enforce�his ❑eed
<br /> of Trust and any a�her securi�y now �r hereafter held by L�nder or Trustee in such Qrder and manner as they or
<br /> either �f them may in their absolute discre�ion determine. N� remedy conferred upan or res�r�ed t� Trustee or
<br /> Lender, is intended t� be exclusive vf any other remedy in this aeed ❑f Trust or by law provided or permitted, but
<br /> each shall he �umulatiWe and shall be in addition tv e�ery vther remedy giWen in �his De�d vf Trust or novv o�
<br /> hereafter existEng a�lavv or in�quity�r by statute. E�ery patinrer or remedy given by the Note or any of the Rela�ed
<br /> Documents to Trustee or Lender or ta which either �� them may be a�herwise enti-tled, may be exercised,
<br /> cvncurren�ly or independently, fram time t❑ tim� and as vtten as may he deemed expedien� hy Trustee vr Lender,
<br /> and either of them may pursue inconsistent remedies. No�hing in this Deed af Trust sha[! be canstrued as
<br /> prohibiting Lender from seeking a deficiency judgm�nt again�t the Trust�r tv the extent such ac�ion is permitted hy
<br /> [aw. E[ection by Lender to pursue any remedy shall not exclude pursuit of any other rerriedy, and an e[ectivn to
<br /> make expenditures or to take acti�n to perfvrm an obligation o� Trustor under this Deed �f Trust, after Trustor's
<br /> failure to perf�rm, shall not�ffect Lender's right tv declare a default and exercise i�s remedies.
<br /> Request�or N��ice. Trustor, on �ehalf❑f Trustor and Lender, hereby requests that a copy❑f any Notic� of Default
<br /> and a copy of any No�ice ��Sale under this Deed of Trust be mai[ed �o them at the addresses set fiorth in the ��rs�
<br /> paragraph o�this aeed of T�ust.
<br /> At�orneys' Fees; Expenses. If Lender inst�tutes any suit o�� action to enforce any of the t�rms af thEs Deed of
<br /> Trust, Lender shall he enti�led to reco�er such sum as the court may adjudge reasonable as attvrn�ys' fees a��rial
<br /> and upon any app�al. Whether or not any court acti�n is invol��d, and t❑ the extenfi not prohibified 1�y [aw, a!�
<br /> reasonable expenses Lender incurs tha� in Lender's vpinion are necessary at any time for �he pratection of its
<br /> interest or the enforcement�f its r�ghts shall [��come a part��the lndebtedness payable on dernand and shalf bear
<br /> interest at the lVote rate from the date v�the expendi�ure until repaid. Expenses cQ�ered by this paragraph include,
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