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2� 1 ��5477
<br /> aEED �F TRUST
<br /> ��ont�nued� Page 5
<br /> effect �in�luding failure of any cv�lat�ral document to create a �alid and pertected s�curity interest or lien� at any
<br /> time and fvr any reason.
<br /> Deeth or Insvl�en�y. The death o�Trustor� the insol�ency vf Trustor, the appointment of a recei�er for any par#o�
<br /> Trustor's property, any assignment for the benefit o# cred�tors, any type oi creditor workout, or the
<br /> commencement of any proceed�ng under any bankrupt�y ar insal�ency laws by or against Trustar.
<br /> Creditor or Fvrfeitu�e Proceadings. Commen�ement vf foreclosure or forfeiture p�oceedings, whether by judicial
<br /> proceeding, self-hefp, repossessivn vr any vther method, hy any creditor of Trustor or by any gv�ernmental agency
<br /> against any property s�curing the Indebtedness. This includes a garnishment �f any of Trustvr's accvunts,
<br /> including deposit ac�ounts, w�th Lender. Howe�er, this E�ent vf aefault shal� not apply if there �s a good faith
<br /> dispute by T�ustor as to the �alidity or reasonablsngss of the claim which is the hasis of the creditor or fvrfeiture
<br /> procsed�ng and i� Trustvr gi�es Lende� written nvtice v# the creditar or �orfeiture proceeding and deposits with
<br /> Lender mvnies or a surety bond far ths creditor or forfeiture proceeding, in an amount determined hy Lender, in its
<br /> sole discret�on, as being an adequate reser�e❑r bond fvr the disput�.
<br /> Bre�ch of Q#her Agreement. Any breach by Trustor under the terms of eny other agreement between Trustor and
<br /> Lender that �s not remedied within any grace period pro�ided therein, including without fimitation any agreement
<br /> cvncerning any indehtsdness or other�bligation of Trusto�to L�nde�, whether existing nvw ar later.
<br /> Events Affecting Guarantvr. Any af the preceding e�ents vccurs with respect to any guarantar, endvrser, sur�ty,
<br /> or accommvdation party of any af the Indebtedness or any guarantor, endvrs�r. surety� vr accommodation party
<br /> dies or becomes incompetent, vr re�okes or disputes the �alidity vf, ar liahifity under, any Guaranty af the
<br /> Indeb�edness.
<br /> Ad�srse Change. A material ad��rs� �hange occurs in Trustar's financial condition, or Lender belie�es the
<br /> prospect o#payment or performance of#he Indebtedness is impaired.
<br /> Insa�urity. Lender in gvod faith belEe�es itself insecure.
<br /> Right to Cure. If any defau�t, other than a default in payment, �s curabla and if Trustor has nvt been gi�en a noti�e
<br /> ofi a breach of th�same pra�isivn vf this�esd of Trust w�thin the pre�eding�wel�e ��2y months, it may be cursd Ef
<br /> Trustor, after Lender sends written natice tv Trustor demanding cure of such defauit: �1 y cures the defaul#within
<br /> twenty �20f days; vr t2� if the cure requires mare than twenty �ZDy days, immediat�ly ini#iates steps which
<br /> Lender deems in Lender's sole dis�retion to be sufficient t❑ �ure the defauft and thereafter contEnues and
<br /> completes all reasvnahfe and necessary steps sufficient tv producg complisnce as saan as reasonably p�a�ti�al.
<br /> RIGHTS AND REMEDIES �N DEFAULT. !f an E�ent o� Defauf#❑ccurs under this D�ed of Trus#. at any time thergafter�
<br /> T�ustee or Lender may exercise any one ar more of the fallowing rights and remedies:
<br /> Ac�eleration Upon Defau�t:Additivn�l Ramedies. If any E�ent of Default occurs as per the terms of the Note
<br /> se�ured hereby. Lender may declare all Indebtedness secured by this Deed�#Trust to be due and payable and
<br /> the same shall thereupon become due and payab�e without�ny presen#ment,demand, prvtest or noti�e of any
<br /> kind. Thereafter, Lender may:
<br /> �ay Eithef in person or hy agent, with or without hringing any act�on or proceeding, or by a recsi�er
<br /> appointed by a court and withvut regard to the adequacy of fts security. enter upon and take possession
<br /> vf ths Property. or any part thereof, in its own name vr in the name of Trustee. and do any acts which it
<br /> deems necessary or desirable ta preser�e the�a�ue, marketabi�ity or r�ntabiiity❑f the Prop�rty, ❑r part of
<br /> the Praperty or interest in the Praperty; increase the in�ome from the Praperty vr protect the 5��urity of
<br /> the Property; and. with or wi�hout taking pvssession of the Property� sue for or otherwise coElect the
<br /> rents. issues and prafits of the Praperty, including those p�st due and unpaid, and apply the same, less
<br /> costs and expenses af operation and callectian attorneys'fees, to eny indebtedn�ss secured by this Deed
<br /> of Trust. ali in such order as Lender may determine. The ent�ring upon and taking possession vf the
<br /> Pr�perty. the coll�ct�on of su�h rents. issues and pro#its, and the app���ation thereof shall not cure or
<br /> wai�e any default or notice of default under this Deed af Trust or in�afidate any act done in response to
<br /> such default or pursuant t❑su�h natice of defauit; and, no�withstanding the continuencs in possession ofi
<br /> the Pr�perty or the col�ection. receipt and applicatian of rents, issues or profits. Trustee or L�nder shall
<br /> he entitled ta exercise e�ery right pra�ided for in th� Note or the Related Do�uments vr by I�w upon the
<br /> occurrence of any e�ent of default, including the right to exercise the power of sale;
<br /> �by Comm�nce an action to fvreclvse this Deed o�Trust as a mortgage, appoint a rece��er or spscifically
<br /> snfarce any vf the co�enants hereo#; and
<br /> tc) De�i�er tv Trustee a written declaratfon of de#ault and demand for sale end a written notice vf default
<br /> and electian tv cause Trustvr's�nterest in the Property to be sold. whi�h notice Trustee sha11 cause to be
<br /> duly filed#or record in the appropriate offi�es of the Coun#y in which the Property is�oca#ed; and
<br /> �df With respect to all or any part vf th� Personal Praperty, Lender shall h��e all the rights and remedies
<br /> vf a secured party under the Nebraska Uniform�ammer�ial �vde.
<br /> Fore�losure by Powar of Sela. !�Lender elects to forec�ose by exercise of the Power of Salg herein contained,
<br /> Lender shall nfltify Trustee and shall deposit with Trustee this Deed of Trust and ths Note and su�h receipts
<br /> and e�idence of expendi�ures made and secured by this aeed of Trust as Trustee may require.
<br /> �af Up�n receipt vf such nvtice frvm L�nder,Trustee shall cause to be recorded, puhl�shed and deli�ered
<br /> to Trustor such Notice vf De�ault and Notice of Sale as then required by law and by this ❑eed of Trust.
<br /> Trust�e shall, without demand on Trustor, after such time as may then be required by law and aftsr
<br /> recordatian of such Notice of�efault and after N�tice of Sale h��ing been gi�en as required by law, seli
<br /> the Pr�p�rty at the time and place of sale #ix�d by it in such Noti�e �� Sale, eithe� as a whole, or in
<br /> separat��ots vr parcels o�items as Trustee shafl deem expedient, and in such order as it m�y det�rmine,
<br /> a�public auction to the hi�hest b�dder for cash in lawful money of the United 5tates payable at the t�me
<br /> of sale. Trustee shell deli�er to such purchaser or purchasers therevf its good and suff�cient deed or
<br /> deeds con�eying the property so sold, but without any �a�enant ar warranty. express or implied. The
<br /> recitals in such deed of any matters or fa�ts shalf he con�lusi�e proof of the truth#uln�ss thereof. Any
<br /> person, including without limitation Trustar,Trustee, or Lender� may purchase at such sale.
<br /> �bf As may he permitted by �aw� after dedu�t�ng al� costs, fsss and expenses of Trustee an� of this
<br /> Trust, inc�uding cvsts�f e�idence of title in canne�tivn with sale. Trustee shell epply the proceeds vf sale
<br /> to p�yment vf �if all sums expended under the terms vf this aeed of Trust or under the terms of the Note
<br /> not then repaid, including hut not limited #❑ accrued interest end late charges, �iif all ❑ther sums then
<br /> secured hereby, and �ii��the remainder. if any,to the person or persans�egally�nti#led thereto.
<br /> t�f Trustee may in�he manner�ro�ided by law postpone sale of a!I vr any portion of the Property.
<br /> Remedies N�t Exclusi�s. Trustse and Lender� end each of them� shall he entitled to enfvrce payment and
<br /> performan�e of any indebtedness or obliga�ions secur�d by this Deed of Trust and to exercise all rights and pvwers
<br /> under this Deed ❑f Trust, under the No#e, under any af the Related Documents� or under any vther agreement ar
<br /> any laws nnw or hereafter in force; notwithstanding, some or all vf such indehtedness and abligations se�ured by
<br /> this Deed of Trust may naw ❑r hereafter be otherwise secured. whether hy mortgage. dged of trust, pledge, li�n.
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