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2� 1 ����77
<br /> DEED �F TRUST
<br /> �Cvntinued} Page 5
<br /> Trusto�'s behal� under this Deed of Trust or the Reiated ❑o�uments is �fa�se or misleading in any mat�rial resp�ct,
<br /> either now ar at the time made❑r furnished or b�comes false or misleading at any tim�ther�after.
<br /> Defecti►►e �ollateralization. This ❑��d of Trust or any vfi the Reiated l7ocumen�s ceas�s to be in full �orce and
<br /> e�#ect �including �ailure of any coflateral document �o create a va�id and perfected s�curity �nterest or lieny at any
<br /> time and#vr any reason.
<br /> Death or fnsvirrency. The death of Trustar, the inso��ency of Trustor, the appointment o�a re�ei�er far any part af
<br /> Trustor's prop�rty, any assignment for the benefit ❑f creditors, any type of creditar workou�, ❑r �he
<br /> commencement v#any proceeding under any bankruptcy or insol�ency laws by or against Trus�or.
<br /> Creditor or Far�ei�ure Prvice�dings. Commencemen� of fare�lasure ar for�eiture praceedings, whether by judicial
<br /> proceeding, sel�-help, repossessi�n or any oth�r me�hod, !�y any creditor o#Trustor❑r by any go�e�nmen�al ag�ncy
<br /> against any pr�per�y s�curing the �ndebtedness. This inc�udes a garnishment v� any of Trustor's a�c�unts,
<br /> in�luding deposit accaunts, with Lender. Howe�er, this E��nt of Default shall nofi apply if there is a gaod �aith
<br /> dispute by Trustor as to �he �alid�ty or reasona�l�ness of the �laim which is the basis of the creditor or for#eiture
<br /> prvCeeding and i� Trusto� gi�es L�nder written notice of th� creditor or forfeiture prviceeding and deposits with
<br /> Lender monies o� a surety bond far the creditor or farfeiture proceeding, in an amaunt determined by Lender, in its
<br /> sole discretian, as being an adequate reser�e ar bond f�r the dispu�e.
<br /> Breach of�ther Agreement. Any breach by T�ustor under the �erms a� any a�her agreem�n# between Trustor and
<br /> Lender that is not remed�ed within any �race period prv�ided therein, including withaut limitation any agreemen�
<br /> concerning any indebtedness or other obligation❑f Trustor tfl Lender, whether existing now or{ater.
<br /> E�ents Affe�ting �uarantor. Any of the preced�ng e�ents oc�urs with respec�to any guarantor, endorser, surety,
<br /> or accommodation pa�ty of any a� the �ndebtedness vr any guarantvr, endarser, surety, or accvmmodati�n party
<br /> dies or bec�mes incompetent, or re�okes or dispu�tes �h� �alidi�ty a�, �r liability under, any Guaranty o# the
<br /> Inde�tedness.
<br /> Ad�erse Change. A materia� ad�erse change oGcurs �n Trustor's financial conditivn, or Lender be�ie��s �he
<br /> prospe�t�f payment o�perfarmance of th� Indebtedness is impaired.
<br /> Insecurity. Lender in govd faith helie�es itse!#insecure.
<br /> R�ght to Cure. �f any default, other than a de#aul�in paymen�, is curable and if Trustvr has not been gi�en a no�ice
<br /> v�a breach o�the sam� pro�is�on af�his Deed af Trust within'the preceding twe��e �1�� months, i� may he cured if
<br /> Trustar, a�ter Lender sends written notice�o Trustor demanding cure of such d��au�t: 41 y cures the default wi�hin
<br /> �wen�y 4�D} days; flr ��y i# the cure requires more than �twenty �20� days, immediately initia�es steps which
<br /> Lender deems in Lender's sole discr�tivn to be su�fi�ient fio cure �he defauit and ther�after cantinues and
<br /> compt�tes all reasonable and necessary steps suf�icient tv produce comp[�an�e as sv�n as reasonably practical.
<br /> R1GHT5 AND REMED�ES �N DEFAULT. lf an E��nt o� Default occurs under this Deed a�Trus�, at any time therea�ter,
<br /> Trus�te�or Lender may exe�cise any one or more of the fallowing righ�s and �emedies:
<br /> Ac�eleration Upan Default; Add�tiona� Remedies. I� any E�ent of Default occurs as per the terms o�the Note
<br /> secured hereby, Lender may declare all Indeb�edness se�ured by this Deed af Trust t� be due and payable and
<br /> the same shal�thereupon h��ome due and paya��e wi�hout any presentment, demand, prfltes�or notice af any
<br /> kind. Therea�ter, Lender may:
<br /> �a� Ei�her in person ❑r by a�ent, with or without bringing any action or proceeding, ar hy a recei�er
<br /> appainted by a court and w�thou� regard to the adequacy of its security, ent�r upon and take pvssession
<br /> af the Property, or any part�hereaf, in its �wn name o� in the name of Trustee, and do any acts wh�ch it
<br /> deems ne�essary or desirab�e ta pres�r�e the�alue, marke#ab�lity �r rentability �f the Property, or part of
<br /> th� Prvperty o� interest in the Prop�rty; increase �he income from the Prope�ty or protect #he security af
<br /> the Property; and, with or wi�hvut �aking poss�ssion of th� Prflperty, sue for or ❑th�rwise colle�t the
<br /> rents, issues and prof€ts of�he P�operty, includ�ng those past due and unpa�d, and apply the same, �ess
<br /> �osts and expenses v��peration and collection attorneys' fe�s, to any indebtedness secured by this Deed
<br /> of Trust, a[I in such order as L�nder may determine. Th� entering upon and taking pvssession of the
<br /> Praperty, �he colle�tion �f such rents, issues and profits, and the appli�ation therev# shall not cure ❑r
<br /> wai�e any default or na�ice of d�#ault und�r this Deed o�Trus�or in�al�date any act done in response to
<br /> such d��ault or pursuan��v such no�ice of de#ault; and, notwi�hstanding the continuance in p�ssession of
<br /> the Praperty or �h� collection, receipt and appli�ation o� rents, issues or profits, Trus�ee or Lender shall
<br /> be entitled to exe�cise e�ery right pro�id�d for in the Note or the R�lated ❑ocuments or by law up�n the
<br /> occurrence of any e�ent of de#aul�, including the right ta exercise the pvwer of sale;
<br /> �b� Cvmmence an ac�ion to foreclvse this Deed vf T�ust as a mortgage, appoint a recei�er nr specifically
<br /> enforce any of the ca�enants hereof; and
<br /> 4c} D��i�er�o Trustee a written de�laration❑f default and d�mand for sale and a written notice o�default
<br /> and e�ectivn to cause Trusto�'s interest in the Property to be sold, which notice Trus�ee shafl �ause to be
<br /> duly filed for recard in the appropriate���ices of the County in which the Property is lo�ated; and
<br /> �d� VIlith respe�t to all ar any part of the Personal Proper�y, Lender shall ha�e a�l the rights and remed�es
<br /> of a secured party under the Nebraska Uniform Commercial Code.
<br /> Fareclosure by Pvwer v#5ale. �#Lender elects to foreclose by exercise of�he Power af 5ale herein contained,
<br /> Lender shall not�fy Trustee and shall deposit with Trustee this Deed o�Trust and the Nvte and such rece�pts
<br /> and e�idence af expendi�ures made and secured by this Deed ❑f Trust as Trus�ee may require.
<br /> �ay Upon receipt of such natice#rom Lender, Trustee shall cause ta be recorded, published and deli�ered
<br /> to Trus�or such No�tice o� Default and No�i�e of Sale as then r�quired by law and by th�s Deed of Trust.
<br /> Trust�e sha{I, without demand on Trus�or, after such time as may then be required by law and a�ter
<br /> recorda�ion o�such Notice of ❑e�au�t and af�er Notice of 5afe ha�ing been gi�en as requi��d by law, sell
<br /> the Property at the �ime and place of sale f�xed by �� in such No�ice of Sa�e, �ither as a wha�e, or in
<br /> separa�e lots �r parce�s or items as Trustee shall deem expedient, and �n such ord�r as it may determine,
<br /> at puhlic aucti�n to the highes� hidder far cash in lawful money of fihe lJnited Sta�es payable at the time
<br /> of sale. Trustee shalf deli�er to such purchas�r or pur�hasers thereof its good and suffi�ien� deed or
<br /> de�ds con�eying the prope�ty so sofd, but without any co�enant v� warranty, express or implied. The
<br /> recitals �n such de�d af any ma��ers or fac�s shalE he conclusi�s proof of the �ruthfulness thereof. Any
<br /> person, in�luding without��mita�ion Trustor, Trustee, ar Lender, may pur�hase �t su�h sale.
<br /> �b� As may be permi��ted by law, after deducting a�l �osts, fees and expenses of Trustee and vf this
<br /> Trust, including costs❑f e��dence of title in connection with sale, Trustee shall app�y the proc��ds of sale
<br /> to payment vf 4i} all sums expended und�r the�erms af this Deed of Trust or under the�erms o�the Note
<br /> no� then repaid, in�luding but nvt �imited to ac�ru�d interest and late �harges, �ii} all ❑ther sums then
<br /> secured hereby, and �iiiy the remainder, if any, to the psrs�n or persons legally entitled thereto.
<br /> �c} Trustee may in the manner pro�ided by �aw pastpone saie of all or any partion o�the Property.
<br /> Remedies No� ExclusiWe. Trustee and Lender, and each of them, shall be entitled to en�orce payment and
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