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2� 1 ��7228
<br /> DEED �F TRUST
<br /> ��orltlnu�d} Page 5
<br /> concerning any indeb#edness ar other vbfigation o�Trus�or to Lender,whether existing naw or later,
<br /> Events Affe�ting Guarantor. Any vf the preceding e�ents occurs w�th respect ta any guarantor, endvrser, surety,
<br /> or accvmmodativn party o� any of the Indebtedness or any guarantor, endarser, surety, vr accvmm�dation party
<br /> dies ar beoomes incampetent, vr re�okes or disputes the �al�dity nf, or liabiii#y under, any Guaranty af the
<br /> Indebtedness.
<br /> Insecurity. Lender in good fai#h believes itself insecure.
<br /> Existing Indebtedness. The payment of any installment vf principal or any in#erest on the Existing Indebtedness is
<br /> nvt made within the time required by the promissory note e�idencing such tndebtedness,or a default occurs under
<br /> the instrument securing such indebtedness and is not cured during any applicable grace perivd in such instrument,
<br /> or any suEt�r other action is�ammenced to�ar�clase any existing lien on the Property.
<br /> RIGHTS AND REMEDIES�N DEFAULT. If an E�ent of Defau�t ovcurs under this Deed of Trust, at any time thereafter,
<br /> Tn.tstee or Lender may exerase any ane or more vf the fallawing rights and remedies:
<br /> A��elerati�n Upon De�au�t; Additional Remedies. If any E�errt of C]efaui#oocurs as per the terms of the Note
<br /> secured hereby,Lender may dec�are all I ndebtedness secu�-eat by th is D�ed of Trust to be due and payable and
<br /> the same shall thereupon become due and payable without any presentmen�,demand,protest or notioe a�any
<br /> kind.�Thereafter, Lender may:
<br /> [a} E�ther in person Qr by agent, with or without bringing any action or praceetling, or by a rec�ei�e�
<br /> appointed by a cvurt and wst�out regarcl to the adequacy af tts security, ente�r upon and take possession
<br /> af the P�operty,or any part thereof, in its own name or�n�he name af Trustee,and do any acts which it
<br /> deems neoessary or desirable to preserve the�alue, marketability vr rentability of the P�operty,or part af
<br /> the Prvperty or interest in the Property; increase the income from the Prope�ty or protect the s�curi�y of
<br /> the Property; and, with or withaut taking possession of the Property, sue for ar otherwise vollect the
<br /> rents, +ssues and pr�fits of the Property, including those past due and unpaid, and apply the same, less
<br /> �osts and expenses o�operatian and aollection attorneys'fees,to any indebtedness secured by this Deec!
<br /> vf Trust, all in su�h order as Lender may determine. The ent�ring upan and taking possession of the
<br /> Property, the collectian af such rents, issues and profits, and the appiicativn thereof sha�1 not cur�e or
<br /> wai�e any default or notice of de�ault under this �eed of Trust ar in�alidate any act don�in response to
<br /> such default or pursuant to such notice of detault;and, natwithstanding the ovn#inuance in possession of
<br /> the Property or the�oll�ction, receipt and app��catEon of rents, issues ar prnfits, Trustee or Lender shail
<br /> be entitled to exerase e�ery righ�pro�ided for in the Note or the R�Iated Dacuments ar by law upvn fhe
<br /> aocurrenoe of any e�ent of default,including the right to exerase the power af sale;
<br /> (b� Commen�an aGti�n to fo�eciase this Deed af Trust as a mortgage, appvint a recei�er vr specif cally
<br /> enfar�e any vf�he c��enants hereof;and
<br /> �c� Deli�er to Trustee a written declara�ion of default and demand for sa�e and a written notice af default
<br /> and election to caus�Trustor's interest in the Property�o be sold,which nvtice Trustee shall cause to be
<br /> duly f led fc�r record in the appr�priate a�Fices o�the County in which the Property is Iv�ated;and
<br /> �d} V11ith respect to all ar any part nf the Persanal Property, Lender shall ha�e all the�ights and remed�+es
<br /> of a secured party under th�Nebraska Unifarm Cammercial Code.
<br /> Foreclosure by Power of 5a�e. If Lender e�ects tv fareclose by exerase vf the Power vf Sale herein oantained,
<br /> Lender shal� notify Trustee and shall deposit with Trustee this C�C!o�Trust and the Nnte and such receipts
<br /> and e�i dence�f expend�tu res made and secured by th i s Deed of Trust as Trustee may requ i r�.
<br /> �a} Upon receipt af su�h notice from Lender,Trustee shall cause to be recorded,published and deii���-ed
<br /> to Tn.rstor such Nvtice of De�ault and Natioe o�Sale as th�n requ�red by!aw and by this Deed of Trust.
<br /> Trustee shal#, withaut demand on Trustar, after such time as may then be required by law and after
<br /> recardation o�such Nvtioe of Default and after Nv#ice of Sa�e ha�ing been gi�en as required by 1aw, sell
<br /> the Property at the time and piace af sa�e fixed by it in such Notice of Sale, either as a whv�e, or in
<br /> separate lots o�parcels or items as Trustee shall deem expedient,and in such arder as it may determine,
<br /> at public auction ta the highest bidder fvr cash in tawfui maney of#he United States payahle at the time
<br /> of sale. Trus�ee shall deli�er ta such purchaser or pu�rchasers thereof its good and su�ficient deed or
<br /> deeds oon�eying the pr�operty so sald, but without any co�enant ar warranty, express or implied. The
<br /> recita�s in suc.h deed vf any matters or fac#s shall be conciusi�e proof af the truthfu�ness�herevf. Any
<br /> persan,inc�ud�ng without limitat�on Trustor,Trustee,or Lender,may purchasE at suGh sale.
<br /> �b} As may be permitted by law, after dedu�ing all costs, fees and expenses o�Tn.�stee and of this
<br /> Trus�,�ndud+ng ovsts of e�idenae of tit�e in connectian with sale,Trustee shal!apply the proveecls of sale
<br /> to payment vf �i}all sums expended under the terms af this Deed o�Trust or under the terms of the Nate
<br /> nvt then repaid, including but not I�mited to aacrued interest and late charges, �ii} ail vther sums then
<br /> secured hereby,and �iii}the remainder,if any,to the person or persans�egally entit�ed thereto.
<br /> ��} Trustee may in the manner pro�ided by law pastpane sale of all vr any�vrtivn❑f the Praperty.
<br /> Remedies Not Exclusi�e. Trustee and Lender, and each o� them, shall be en#itled to enforce payment and
<br /> performance vf any indebtedness v�❑bligations secured by this Deed af Trust and to exercise all rights and pvwers
<br /> under this Deed vf Trust, under the Note, under any o�the Related Documents, or under any othe�agreement vr
<br /> a�y laws naw or hereafter in fvrce; notwithstanding, some ar al� of such indebtedness and obligations secured by
<br /> this Deed vf Trust may now vr hereafter�e otherwsse secured, whether by m�rtgage, deed af trust, pledge, li�n,
<br /> assignment vr vtherwise. Neither #he acceptance of this D�ed of Trust nor its enforcement, whether by court
<br /> actian ❑r pursuant to the pawer❑f sale or other pawers contained in this Deed of Trust, shali prejudice ar in any
<br /> manner affect Trustee's ❑r Lender's right ta realize upon ar enforce any ather security now vr herea�ter held by
<br /> Trustee vr Lender, it being agreed#hat Trustee and Lender,and each of them, shall be entitled ta enforce this Deed
<br /> of T�ust and any other se�u�ity now �r hereafter he�d by Lender or Trustee in such arder and manner as they or
<br /> either of them may in their abs�lute discretion determine. No remedy confer�ed upan or r�served to Trustee or
<br /> Lender, is intended to be exclusive of any ather remedy in this Deed of Trust❑r by law pro�ided or permitted, but
<br /> each shall be cumulati�e and shal� be in additi�n to every other remedy g��en in this Desd of Trus# vr now or
<br /> h�reafter extsting at faw or in equity or by statute. E�ery power❑r remedy given by the Note or any of the Related
<br /> Do�uments tv Tn,,ste� or Lender or to which either of them may he otherwis� en�itled, may be exercised,
<br /> concurrently ar independently,fr�m time tv time and as often as may be deemed expedient by Trustee ar Lender,
<br /> and either of them may pursue inconsistent remedies. Nathing in th�s Deed of Trust shai� be cvnstrued as
<br /> prohibiting Lender f�om seeking a deftciency judgment against the Trustar ta the extent such action is perm�tted by
<br /> law.
<br /> Eleetion of Remedies. AI� of Lenders rights and remedies wil� be cumulative and may be exercised alnne vr
<br /> tvge�her. If Lender decides to spend maney or to perfvrm any of Trustv�`s obligativns under this Deed vf Trust,
<br /> after Trustor's failure to do so, #hat decision by Lender wi�l not affect Lende�'s right to declare Trust�r in defauit
<br /> and to exercise Lender's remedies.
<br /> Request for Notice. Trustor,❑n beha��❑f Trustor and Lender, hereby�equests that a�vpy of any Notice of Default
<br /> and a capy❑f any Notice of 5ale under this Deed�f Trust be mailed�o them at the addresses�et forth in the first
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