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2� 1 ��4745
<br /> DEED �F TRUST
<br /> ��ontinued� Page a
<br /> time and for any reasan.
<br /> Dea#h vr lnso[vency. The death of Trustor, �he �nsol�ency of Trustar, the appointmen�ofi a recei�er fa�any part o�
<br /> Trustor's pr�perty, any assignment for �he hene�it of cr�ditors, any type of creditor workaut, or the
<br /> commencem�nt of any proceeding under any t�ankruptcy ❑r insol�ency laws by ar against Trustor.
<br /> Creditor a� Fvrfei�ure Praceed�ngs. Commencement o# foreclosure or forfeitu�e proceed�ngs, whether by �udicial
<br /> proceeding, self-help, reposs�ss�on❑r any other method, by any creditor of T�usfior or by any go�ernmental agency
<br /> against any property securing �he Indebtedness. This in�ludes a garnishmen� of any of Trustor's ac�ounts,
<br /> �nc[uding deposit accaun�s, with Lend�r. Howe�er, this E�ent nf �efault shall no� apply if �here is a good fai�h
<br /> dispute by Trus�or as to the �alidity or r�asonableness of�he ciaim which is the basis o#the credito� or forfeiture
<br /> proceeding and if Trustor gi�es Lender written notice of the creditor or forfeiture pro�eeding and deposits with
<br /> Lender monies ar a sure�y bond for the creditar or for�eiture proceeding, in an amaunt determined by Lender, in its
<br /> s�l�discretion, as be�ng an adequate reser�e or bond�or the dispute.
<br /> Brea�h of ather A�reement. Any breach hy Trustor under�he terms af any �th�r agr��men� �et►rveen Trust�� and
<br /> L�nder that is no� remedied within any grac� periad pro�ided �herein, including withou� limi�ation any agreement
<br /> concerning any inde�tedness ar a�her ohliga�ion o�Trustor t� Lender, whethe�existing now or lat�r.
<br /> E�ents Affecting Guaran�vr. Any of the preceding e�en�s ❑ccu�s wi�h respect to any guarant�r, endorser, surety,
<br /> ❑r a�commoda�ion party of any of the Indebtedn�ss or any guarantvr, endorser, surety, vr a�commodativn party
<br /> dies or becomes incompetent, or re�okes vr disputes th� �a�idity of, or liability under, any Guaranty of �he
<br /> I nd�hted ness.
<br /> Ad�erse �hange. A materia( ad�erse change occurs in Trustor's finan�ial cQnditian, or Lender helie�es the
<br /> prospec�of payment❑r performance af the Indebtedness is impaired.
<br /> Insecuri�y. Lender in good faith �elie�es �tself insecure.
<br /> Righ#to Cure. lf any default, oth�r than a default in paymen�, is �urable and if Trustar has no�heen g��en a not�ce
<br /> of a breach of the same pro�ision of�his ❑eed of Trust wi€hin the pre�eding twel�e t1�} mon�hs, it may be cur�d if
<br /> Trustar, a�ter Lend�r sends written notice to Trustor demanding cure of such default� �1} cures the default within
<br /> twenty �Z�� days; or �2} if the cure requires mor� �han twenty �2�y days, imm�diately initiates s�eps wh�ch
<br /> Lender deems in Lender's sole disc�etivn �o be sufficient tv cure the defaul� and thereaft�� con�inues and
<br /> campletes all reasonable and necessa�y steps suf�i�i�nt�o produce �ompliance as svan as reasonab�y practical.
<br /> RIGHTS AND REMED�ES aN DEFAULT. I� an E�ent of Default vc�urs under�his Deed o#Trust, at any time �herea�fter,
<br /> Trustee or Lender may exercise any one or mor�o#the follow�ng righ�s and remedies:
<br /> A��eleration Upvn �e�rault; Additional Remed�es. If any E�ent a� C]efault vccurs as per�the terms o#the Not�
<br /> s��ured h�reby, Lender may declare a!� Indeb�edn�ss secured by this Deed of Trust t❑ be due and payable and
<br /> the same shall thereupon become due and payab�e with�ut any presentment, demand, pro�est v�no�ice of any
<br /> kind. Thereafter, Lender may:
<br /> �a� Ei�her in persan or by agent, with or without bringing any action or pr�ceeding, o� by a recei�er
<br /> appointed by a court and w�thout regard to the adequa�y of i�s securi�y, enter upon and take possession
<br /> af the P�aper�y, a� any part�hereof, in its own name ar �n the name of Trustee, and da any acts which i�
<br /> deems necessary ar desirable to preser�e the va�ue, marketability or r�ntability vf the Property, or part of
<br /> the Proper�y or interest in the Prope�ty; inGrease the �ncome from the Property ❑r prvtect the securi�y of
<br /> the Pr�per�y; and, with or without �aking poss�ssi�n ❑f �he Prop�rty, sue �or or otherwis� collect the
<br /> rents, issues and profits af#he Praperty, includ�ng �hose past due and unpaid, and apply the same, less
<br /> costs artd expenses o�opera�ion and �ollectian attorneys' �ees, to any indebtedn�ss secured by this Deed
<br /> of Trust, all in such vrder as Lender may determine. The en�ering upon and �ak�ng possession of the
<br /> Property, th� cvllection of such rents, issues and �rnfits, and th� applica�ion thereof shaff nvt cur� or
<br /> wai�e any de�aul� or notice of default under this Deed of Trust vr in�alidate any act done in response �o
<br /> such default❑� pursuant ta such natice of d��ault; and, notwithstand�ng the continuance in possession o�
<br /> the Property or the ca�iecfiion, receipt and application of rents, issues or profits, Trustee or Lender shall
<br /> be entitled ta exercise e�ery right pro�ided far in the Note or the Related Docum�nts ar hy law upon the
<br /> occurrence of any��ent of default, including the right ta exercise the pawer af saie;
<br /> �b} Cvmmence an action to foreclose this Deed ofi Trust as a martgage, appaint a recei�er or spe�ifically
<br /> en�orce any of�he co�enants hereof; and
<br /> �c� Deli�er to Trustee a written declaration of default and demand�or sale and a writ�en n�tice of d�fau�t
<br /> and �lecti�n to cause Trustvr's interest in�he Property�o be svld, which nvtice Trus�ee shall cause to be
<br /> duly filed�or record �n the appropria�e o�f�ices af�he Caunty in which the Property is located, and
<br /> (d� With respect to all ❑r any part of the Personal Property, Lender shall ha�e all �he rights and remedies
<br /> o�a secured party under the Nebraska Un�form Commercial Code.
<br /> Fvreclasure by Power of Sale. i�Lender elects to for�clase by exerc�se of the Power vf Sale h�rein c�ntained,
<br /> Lender shall notify Trustee and shall dep�s�t with Trus��e this Deed of Trust and the N�te and such receipts
<br /> and e�idence ofi expenditures made and secured by�his D�ed of Trust as Trustee may requ�re.
<br /> �a� upon re��ipt of such notice �r�m Lender, Trustee shall cause to be recorded, pub[ished and de�i�ered
<br /> to Trustor such Na�ice o� Defaul� and Natice of Sale as �hen required by faw and by this Deed of Trus�.
<br /> Trustee shall, withou� demand on Trustor, after su�h time as may then be required by law and after
<br /> recordation of such Noti�e of ❑efauCt and aft�r Natice of 5a�e ha�ing b�en gi�en as required by law, sell
<br /> the Proper�y at the fiime and place ❑� sale fixed by i� in such No�i�e o� Sale, either as a whole, or �n
<br /> separate lots ar parcels or items as Trustee shall deem expedien�, and in such order as i� may determine,
<br /> a� public auctian to th� highes� bidder fvr cash in lawful money �f the Un�ted 5tates payable at the time
<br /> of sa[e. Trustee shall de�i�er ta such purchas�r or purchasers there�f its goad and sufficient deed ar
<br /> deeds �on�eying the property S� SDI�, but without any c��enant or warranty, �xpr�ss or implied. The
<br /> re�i�als in su�h deed flf any mat�ers o� facts shal� be conclus€�e provf of�he tru�hfu[ness ther�o#. Any
<br /> person, �ncluding withaut limitation Trustor, Trustee, or Lender, may purchase at such sale.
<br /> �b� As may be permit�ed by law, aft�r d�ductin� all casts, fees and expenses of T�ustee and of this
<br /> Trust, including costs o�e�iden�e of tit�e in�annect�on wi�h sa�e, Trus�e�shall apply the proceeds of sale
<br /> �o payment of �i} all sums expended under the terms vf this ❑eed of Trust o�under the terms❑f the No�e
<br /> not then repaid, including but not limited to accrued interest and [a�e charges, tiiy ali other sums then
<br /> secured h�reby, and �iii� �he remainder, i�any, to the persvn or persons legalfy entitled thereto.
<br /> �c} Trustee may in the manner pro�ided by law pvstpQne sale vf a[�or any porfiion ❑f�he Pr�per�y.
<br /> Remedies Not Ex�lusi►►e, Trustee and Lender, and each ❑f them, shalf be �n�i'tled to enforce paymen� and
<br /> performance of any indeb�edness ❑r obligat�ons secured by�his Deed of Trust and to exercise all rights and pow�rs
<br /> under this Deed of Trust, under �he No�e, under any o��he Related Dacuments, or und�r any o�her agreement vr
<br /> any laws now or hereafter �n forc�; notwithstanding, same or all ❑f such indebtedness and obliga�ions secured by
<br /> this Deed o�Trust may naw ar hereaf�er be otherwise secured, uvhether by mortgage, de�d o#firust, pledge, lien,
<br /> assignment or fltherwise. Neither the acc�ptance of �his ❑eed of Trust nor its enfiorcement, whether by court
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