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2� 1 ��5571
<br /> DEED �F TRUST
<br /> ��antinued� Page 5
<br /> prvspect of payment or perf�rmance of the Indebtedness is impaired.
<br /> Insecur�ty. Lender in gv�d �aith k�elie�es its�l�insecure.
<br /> Existing Indebtedness. The payment of any installment ofi principal ar any interest vn the Existing lndebtedness is
<br /> nvt made within the time required by the promissvey note��idencing such indebtedn�ss, or a default occurs under
<br /> the instrument securing such ind�btedness and is not cured dur�ng any applicable grace period in such instrument,
<br /> ❑r any suit ar othsr action is�vmmenced#v foreclose any existing lien on the Prvperty.
<br /> Right tv Cure. If any default, ❑ther than a d�fault in payment, is curable and if Trustvr has n�t been gi�en a nvtice
<br /> vf a hrea�h of the same pro�ision o�this �eed of Trust within the pre�eding twel�e ��2� manths, it may be �ured if
<br /> Trustor. after Lender sends written notice to Trustor demanding cure v#such default; {1; cures the default within
<br /> twenty �2�f days; or [�} if ths cuce requires more than twenty �2Dj days. immediately initiates steps which
<br /> Lender deems in Lender's s�le discretion to be sufficient to cure the defau�t and thereafter �ontinues and
<br /> completes all reasonable and necessary steps suf#icient to produce compliance as soon as reasonably practical.
<br /> RI�HTS AND REMEDIES �N DEFAULT. I# an E�ent of Default vccu�s under this Deed ❑f Trust, at any time thereaft�r,
<br /> Trustee or Lend�r may sxercise any one or more of the following rights and r�medies:
<br /> Ac�el�ration Upon Default: Additional Remedies. If any E�ent of De#ault occurs as per the terms v�the Nate
<br /> secur�d hereby, Lender may declare all Indebtedness secured by this Deed of Trust to he due and payable and
<br /> the same shall thereupvn become du�and payable without any presentment, demand, pratest or nvtice of any
<br /> kind. Thereafiter, Lend�r may:
<br /> �a� Either in p�rson or hy agent, with or without bringing any action or proceeding. or by a recei�er
<br /> appvinted by a caurt and without regard to the ad�quacy v# its security. enter upon and take possessivn
<br /> of the Property. or any part�hereo�, in its own name�r in the name of Trustee. and do any a�ts ►rvhich it
<br /> d�ems necessary vr des�rable to pres�r�e the �alue, marketability or rentability❑f the Prvperty. ar part of
<br /> the Proper�y ❑r interest in the Praperty; in�rease the income from the Prapsrty or protect the security of
<br /> the Prvperty; and. with or withaut taking passession of the Praperty� sue for vr otherwise cvllect the
<br /> rents, issues and profits af the Prap�rty, including those past due and unpaid, and apply the same, less
<br /> cvsts and expenses of flperativn and co4�ection attorneys' fees, to any indek�tedness secured by this Deed
<br /> of Trust, al! in such order as Lender may determine. The entering upon and taking pvssessian of the
<br /> Property, the cvllec#ivn vf such rents, issues and profits, and the application therevf shall nvt curs or
<br /> wai�e any default or nati�e vf default under this Deed af T�ust o� in�alidate any act done �n response tv
<br /> such default or pursuant#o such notsce afi default; and, notwithstanding the cantinuance in possessi�n of
<br /> the Pr�pe�ty vr the cvllection, receipt and applicat�on of rents, issues or prafits, Trustee or Lender shall
<br /> be entitled to exercise e�ery right pro�ided for in the Note ❑r th� Reiated Documents or by law upvn the
<br /> occurrence of any e�ent af default, incfuding�the right tv exerc�se the power of sale;
<br /> �by Commence an action to foreciose this Deed of Trust as a mortgage, app�int a rec�i�er vr specifically
<br /> enforce any of the cv�enants herevf; and
<br /> tcf Deli�er to Trustee a written deciarativn vf default and demand far sale and a written natice of default
<br /> and elect�an to cause Trustor`s interest in�he Property ta be sald, which not�ce Trustee shall caus��v b�
<br /> duly fiied for recard in the appropriate offi�es of the County in which the Property is Ioca�ed; and
<br /> {dy With respec#t� all �r any part af the Personal Praperty, Lender sha!! ha�� al! the rights and remedies
<br /> vf a secured party under the Nebraska Uni�vrm Cvmmercial Code.
<br /> Forsclosure by Pvwer of 5ale. If Lender e�ects tv fore�lose by exerc�se❑f the Pvwer of Sale herein contained,
<br /> Lender shall noti#y Trustee and shall depvsit with Trustee this Deed vf Trust and the Nvte and such receipts
<br /> and e�idence vf expenditures made and secured by this ❑eed af Trust as Trustee may require.
<br /> �ay llpon receipt af such notice from Lender, Trustee sha#1 cause t❑ he recorded, published and deii�ered
<br /> tv Trustor such Notice o� Default and N�tice ❑f Sale as then required by faw and hy this Deed vf Trust.
<br /> Trustee shall. withvut demand an Trustor, after such time as may #hen be required by law and after
<br /> recordativn o�such Notice of Default and after Nvtice af 5a1� ha�ing been gi�en as required by law, seil
<br /> the Praperty at th� time and place vf sale fixed by it in su�h Notice of Sale� either as a whofe, or in
<br /> separate lots or parcels vr items as Trustee shal! deem expedient, and in such vrder as 'tt may determine,
<br /> at public auction to the highest l�idder far �ash in lawful money of�he lJnited States payable at the time
<br /> �f sal�. Trustee sha11 d�li�er to such purchaser or purchasers thereof its gvad and sufficient deed or
<br /> deeds con�eying the property so sold. but withaut any co�enant ❑r warranty� express or implied. The
<br /> recita�s in such deed a� any matters or facts shaii be conclusi�e provf of the truthfulness thereaf. Any
<br /> person, including withvut limitation T�ustor, Trustee. or L�nder, may purchase at such sale.
<br /> �b� As may be permitted by law, after dedu�ting ail costs. fees and �xpenses vf Trustee and of this
<br /> Trust, including cvsts of e�idence vf title in cvnnection with sale, Trustee shall apply the praceeds v#sale
<br /> tv payment o# �iy a!�sums expendsd under the terms of this ❑eed❑#Trust❑r under ths terms v#the Note
<br /> not then repaid, including but not limit�d t� accrued interest and late charges, 4�i} all other sums then
<br /> secured hereby, and �iii�the remainder, if any.tv the person or persans legally entitled thereto.
<br /> {�y Trustee may in the manner pra��ded by law postpons sale o#a#1 vr any partian�f the Property.
<br /> Remedies Not Exciusi�e. Trustee and Lender. and each vf them. shall be entitled to enforce payment and
<br /> perfarmance of any indebtedness or obligations secured by this Deed of Trust and to exercise all rights and powers
<br /> under this Deed �f Trust, under the IVote, under any af the Related Documents, or under any other agreement or
<br /> any laws now ar hereafter in for�e; notwithstanding. som� or a�l of such indebtedness and �h�igations secur�d by
<br /> this Deed ❑f Trust may nvw or h�rea#ter be otherwise secured, wh�ther by mortgage� deed of trust, pledgs, �ien,
<br /> assignment or vtherwise. Nei#her the acceptance ❑f this Deed of Trust nor its enforcement. whether by court
<br /> activn or pursuant to the power of sale vr other p�wers contained �n this Deed of Trust. shall prejudics or in any
<br /> manner affect Trustee's or Lender's right to realize upon ar enforce any ather security now or hereafter held by
<br /> Trustee vr Lender. it being agreed that Trustee and Lender, and each of them. shal� be entitled to enforce#his Deed
<br /> vf Trust and any other security now vr h�reafter heid by Lender or Trustee �n such arder and manner as they ❑r
<br /> either of them may in the�r absvlute discretion determine. No remedy conferred upon vr reser�ed to Trustee ar
<br /> Lender, is intended to be exc�usi�e vf any othsr remedy in this Deed of Trust or by law pro�ided or permitt�d, but
<br /> each shall be cumulati�e and shal! be in addition to e�ery ather remedy gi�en in this Deed of Trust or n�w vr
<br /> hs�eafter ex�sting at law or in equity or by statute. E�ery pawer vr remedy gi�en �y the IVate vr any of the Re�ated
<br /> Dacuments to Trus�ee vr Lender ❑r #o which either of them may be otherwise entitled, may b� exercised,
<br /> �oncurrently or �ndependently, from time to time and as often as may be deemed expedient by Trustee ar Lender.
<br /> and either of them may pursue inconsistent remedies. Nothing in this Deed of Trust shall be cvnstrued as
<br /> prohibiting Lende�from seeking a deficiency judgm�nt aga}nst the Trustor to the extent such action is permitt�d by
<br /> �aw. Efection by L�nder ta pursue any remedy shall nat exclude pursuit of any other remedy. and an election to
<br /> make expenditures vr ta take a�tion tv perform an ❑bligativn of Trustar under this Deed of Trust. aftsr Trustor's
<br /> failure to perf�rm, shall not affect L�nder's r�ght to declare a de€ault and exercise its remedies.
<br /> Request f�r Notice. Trustor, on behalf of Trustvr and Lender, hereby requests that a cvpy of any Noti�� of Dsfault
<br /> and a copy of any Natice ofi Sa�e under this Deed of Trust be mailed tv them at the addresses set forth in the #irst
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