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2� 1 ��557�
<br /> DEED �F TRUST
<br /> t��rltinued� Page 5
<br /> ga�ernmenta� agency ag�inst any prvperty securing the Indebtedness. This inc�udes a garnishment ot any ❑t
<br /> Barrow�r's ar Trustor's acc�unts� including depvsit accaunts, with Lender. Howe��r, this E��nt of Defiau�t shall
<br /> nvt app�y if there is a good faith d�spute by Borrow�r ar Trustor as �o the �alidity ❑r �easvnableness ❑f the claim
<br /> which is the basis vf the crsditvr ar�arfeiture proceeding and if Borrawer or T�ustor gi►►es Lender written notice af
<br /> the creditvr or tartetture pro�e�ding and depos�ts with Lender monies vr a surety bond for the cred�tar or#vrfeiture
<br /> pr�ceeding, in an amvunt determined by Lend�r, in its svle discretion� as being an adequate reser�e vr bond fvr the
<br /> dispute.
<br /> Bre�ch of�ther Agreemen#. Any br�aGh by Borrvwer or Trustvr und�r the terms of any oth�r agreement between
<br /> Borrower or Trustor and Lender that is n�t remedied withtn any gra�e periad pra�ided �herein, inciuding withvut
<br /> limitation any agreement concerning any indebtedness or other oialigatian af Sorrower ❑r Trustor to Lender,
<br /> whether existing now or later.
<br /> E�ents Affec#ing Guarantor. Any of the preceding e►►ents �ccurs with respe�t to any guarant�r, endarser, surety.
<br /> ar accommodatian party of any of the Ind�btedness ar any guaranior, endorser, surety, or accommadatian party
<br /> dies or becomes incompstent, or re�okes ❑r disputes the �alidity �f, vr liability under. any Guaranty of the
<br /> Indebtedness.
<br /> Ad�erse Change. A materia! ad►►erse changs o�curs in Borrower's �r Trustor's financia! cnnditian, ar Lender
<br /> belie�es�he prospect of payment ar performan�e of the Inde#�tedness is impaired.
<br /> Insecurity. Lender in gvod faith believes its�lf insecure.
<br /> Existing Indebtedness. The payment of any insta��ment�f principal or any interest ❑n the Existing Indebtedness is
<br /> not made within the t�me required by the promissory nate e�icteneing such;ndebtedness, or a default vccur�under
<br /> the instrument securing such indebtedness and is not cured during any applicable grace period in su�h instrument,
<br /> or any suit❑r other action is eommenc�d to�Fvre�lvse any existing�ien on the Prvperty.
<br /> Right to Cure. I#any default, ❑ther than a default in payment. is curable and if Trustor has not been gi�en a natice
<br /> of a br�ach of th�same pra�isivn af this ❑eed❑f Trust vrrithin the pre�eding twel�e {i 2f months, it may be cured i�
<br /> Trustor, after L�nder sends written notice to Bvrrower demanding cure af such default: �1 f cures the de#ault
<br /> with�n twenty ���i days; or ��t if the cure requires more than#wenty t2�y days, immediately initiates st�ps►rvhich
<br /> Lender deems in Lender`s sole discretion to be su�ficient ta cure the d�fault and thereafter cvntinues and
<br /> campletes all reas�nable and necessary steps sufticient to prod�tce compliance as soan as reasonably practicat.
<br /> RIGHTS AND REMEDIES �N DEFAULT. I�an E�ent vf Defaul# vccurs und�r this Deed vf Trust, at any t�me thereafter,
<br /> Trustee or L�nder may exercise any�ne vr mvre of�he fo�lawing rights and r�medies:
<br /> Accsieratian Upon Default; Additional Remedies. If any Event�f Default occurs as per the tecros of the Note
<br /> se�ured hereby, Lender may�eclare al1 lndebtedness secured by this Deed of Trust t❑ he du�and payahle and
<br /> #he same sha�l thereupon become due and payable without any presentment, d�mand, protest or notice vf any
<br /> kind. Ther�after, Lender may:
<br /> �a� Either �n person or by agent, with ❑r without bringing any activn or proceeding, or by a receiu�r
<br /> appvinted by a court and without regard to the adequacy of its security. enter upvn and tak� possessivn
<br /> o#�he Prvperty, or any part thereof, in its awn name or in the name of Trustee, and do any acts which it
<br /> deems necessary or des�rable tv preser�e the�alue, marketabili�y vr rentability af the Property� ❑r part of
<br /> the Property or intersst in the Prvperty; increase the income frvm the Property or protect the security of
<br /> the Property; and. with ar without taking passess�vn of the Property, sue fvr or a�herwise colle�t the
<br /> rents, issues and prvfits vf the Property, including those past due and unpaid, and apply the same, less
<br /> �osts and expenses af operation anc��ollection attorneys' fees,ta any ind�btedness secured by this Deed
<br /> of Trust, all in such order as Lender may determ�ne. The entering upan and taking possessian �f the
<br /> Praperty, the co�lectian of such rents� issues and profits, and the applicativn thereot shall not cure or
<br /> wai�e any default or notice af default under this Deed of Trust or in�alidate any act done in response t❑
<br /> su�h detau�t or pursuant to such notice at defaul�; and, natwithstand�ns the cvnt�nuance in possession of
<br /> the Property or the cvliection. receipt and applicativn ❑f rents. issues or pro#its, Trustee or Lender shall
<br /> be entit�ed to exercise e�ery right pro�ided �vr in the Nvte or the Related Dvcuments vr by law upon the
<br /> occurrenc�of any e►►ent o�de#ault, including the right�o ex�r�ise the power of sale;
<br /> {bf �ammence an action t� #areclase this ❑eed�t Trust as a mortgage. appaint a recei�er ar specitica��y
<br /> enforce any of the co�enants he�eof; and
<br /> �c� Deli�er to Trus�ee a written declaratian af default and demand for sale and a written nati�s af default
<br /> and election t❑�aus�Trustor's interest in the Praperty to be sold, whi�h notice"frustee shall cause tv be
<br /> duly#iled for recard in the appropriate offic�s�f the County in which the Praperty is iocatec�; and
<br /> {dy With respec#tv all or any pa�t❑f#he Persona! Property, Lender shall ha�e all the righ�s and remedies
<br /> of a se�ured party under the Nebraska Unifarm Cammercial Code.
<br /> Fors�losure by Power ot 5�le. I�Lender sle�ts to�Foreclose by exercise of the Power vf 5ale herein cvntained.
<br /> Lender shall nat+fy Trustee and shall depvsit with Trustee this Deed of Trust and the Note and such receipts
<br /> and e�idence of expenditures made and secu�ed by this Deed o�Trust as Trustee may requ�re.
<br /> �ay lJpon receipt❑#such notice frvm Lender, Trustse shall cause to be recvrd�d, published and deli�ered
<br /> ta Trustor such N�tice o�f Default and Not�ce vf Sale as then requi�-ed by �aw and by this Deed of Trust.
<br /> Trustee shall. without demand on Trustor, afiter such time as may then be requi�ed by law and after
<br /> re�vrdation a�such Wotice o�Detau�t and after Notice o�Saie ha�ing b�en gi�en as re4u�red by �aw, sell
<br /> the Property at the time and place of sale fiixed by it �n such Notice of Sa�e, eithsr as a whvle, �r in
<br /> separa�e lots or parcels vr items as Trustee shall deem expedient, and in such order as�t may determtne,
<br /> at public aucti�n to the highest bidder for cash in lawful maney vfi the United States payahle at the time
<br /> of sa1e. Trustee sha11 deliv�r to such purchaser ❑r purchasers ther�a� its gaod and sufficisnt deed or
<br /> deeds c�n�eying the prvperty sv svld. but withaut any c��enant vr warranty, �xpress or implied. The
<br /> re�itals in su�h deed of any matters ❑r facts shall he conc�usE�e proof of the truthfu�ness thereof. Any
<br /> pers�n, including w�thout limitatian Trustor. Trustee, ar Lender, may purchase at such sale.
<br /> �b} As may be permitted by law, after deducting all �osts, fees and �xpenses of Trustee and of this
<br /> Trust. including costs o�e�iden�e of title in connec�ion with sale, Truste�shall apply the pr�ceeds of saie
<br /> to payment af ti� all sums expended under the terms o�this ❑eed of Trus�or under the tsrms of the Nate
<br /> nat then r�pa�d, including but not limited ta accrued interest and late cha�ges� �iiy all vther sums then
<br /> se�ured hereby. and �iiiy the remainder, if any, to the person or persons legally enti�led theret�.
<br /> �cf Trustee may in the mann�r pro�ided by law postpane sale of all vr any portion o#the Praperty.
<br /> Remedies Not Exc�usi�e. Trustee and Lender, and ea�h of �h�m, shall be �ntitied tv enfvrce payment and
<br /> performance of any indebtedness nr ahligativns secured hy this Deed of Trust and to exercise all rights and pvwers
<br /> under this ❑eed of Trust, under the f�ote. under any ❑f the Related Dvcuments. ar under any athe� agreement or
<br /> any laws now or hereaft�r in force; notwithstanding, some or a�l o#such indebtedness and obligatians se�ured by
<br /> th�s Deed at Tr�st may nvw nr her�atter b� otherwise secured, whether by martgage, deed of r�ust. pledge, lien,
<br /> assignment or otherwise. Neither the a�cep�ance o� this Deed of Trust nor +ts enforcement. whether by court
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