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2� 1 ��73�9
<br /> aEED �F TRUST
<br /> 4��nti�lued� Page 5
<br /> concerning any indebtedness or other�bligation�f 7rustor ta Lender,whe�her existing now or iater.
<br /> Events Affec#ing Guarantor. Any of the preceding e�ents occurs with respect t❑ any guarantor, endorser, surety,
<br /> vr accammodation par#y vf anY o�the �ndebtedness vr any guarantor, �ndorser, sure#y, or accomm4da#ion party
<br /> dies or becomes incompetent, or rev�kes or disputes the �alidity af, ❑r liability under, any Guaranty ❑f the
<br /> lndebtedness.
<br /> insecurity. Lender in good faith bel�eves itself insecure.
<br /> Ex�sting Indebtedness. The payment of any instailmen#o�principal or any interest on the Existing lndebtedness is
<br /> not made within th�tirrie requirsd by the promissory note �videncing such indebtedness, or a default❑ccurs under
<br /> the instrument securing such indebtedness and is noi cured during any appiicable grace period in such instrument,
<br /> or any suit or�ther action is cvmmenced to foreciose any existing iien on the Property.
<br /> RIGHTS AND REM�[]iES DN DEFAULT. �f an E�ent of Defau�t oocurs under this aeed of Trust, at any ti�e the�e��te�',
<br /> Trustee or Lende�may ex�rcise any one or mone of the following rights and remedies:
<br /> Acce�erat��n Upan De�ault; Additional Remedies. lf any E�ent of Default occurs as per tl�e terms vf the Note
<br /> sec�red hereby,Lender may declare aii Indebtedness secured by this Deed of Trust ta he due and payable and
<br /> the same shall thereupon become due and payable without any presentment,dem�nd,pratest vr notice vf any
<br /> kind. Th�reafter, Ler�er may:
<br /> {a} Either in person or by agent, with vr without bringing any action or proceeding, �r by a �e�e+�er
<br /> appainted by a caurt and without regard#o the adequacy of tts security, enter upon and tak�possession
<br /> of the Property,or any part thereaf, in i�s own name or in#he name vf Trustee, ar�d do any acts wh�ch it
<br /> deems neoessary ar desirable tv preserve the value, marketability or r�ntabifity vf the Property,vr part of
<br /> the Property ar int�rest in the Property; inarease the inoame frnm the Property or protect the security af
<br /> the Property; and, with or withaut taking possession of the #�rvperty, su�tor or otherw�se cvllect the
<br /> rents, issues and pro#its of the Property, in�iuding those past due and unpaid, and apply the same, less
<br /> cost�and expenses o#op�ration and coliec�ion�ttorneys'fees,to any indebtedness secured by this Deed
<br /> o�Trus�, all in such order as Lender may determine. The entering u�aon ar�d taking passessiv�n vf the
<br /> Praperty, the va�lection af su�h rents, issues and profits, and the application thereof shal� n�t cure vr
<br /> wai�e any default or n�tire af default under this C]eed af Trust ar in�alidate any act dane in response to
<br /> such de�ault or pursuant tv such notic�a�d�faul#;and, notw�t�stand�ng the cvntinuance in possessivn Qf
<br /> the Property or the co�lectian, receipt a�d application af rents, issues or prvfits, Trustee or Lerufer shall
<br /> be entitled to exerase e�ery right pro�ided�or in the Note or the Rel�ed Documents or by law upvn the
<br /> occurrenoe of any e�ent v�defau�t,includin�the right ta ex�rase the�aawer nf sale;
<br /> �b} Comrr�ence an action to foreclvse this De�d of Trust as a mo�ga�e,appoint a recei�er o�spec�ficaily
<br /> enforoe any of the va�enants h�reof;and
<br /> �c} De�i�er to Trustee a written declaration v#default and demand for sale and a written notice of default
<br /> and electian to cause Trustvr's interest in the Property ta be sold,which nvtice Trustee shall causE:ta be
<br /> du�y�iled fvr record in th�apprapriate o�Ffices v�#he Gount�in wh�ch�he Property is lvcated;and
<br /> �d} With respect to all or any part of the Personal Property, Lender shall ha�e a!i th�rights and remedies
<br /> o#a secured party under the Nebraska Llnifomn Commercial Code.
<br /> Foreclosure by power of Sale. I#Lender elects to foreclose by exerase of ths Pvwer of Sale herein Gantained,
<br /> Lender shall nc�tify Trustee and shall deposit with Trustee this Deed of Trust and the Nate and such r�ceipts
<br /> and evidenve of expenditures made and se�red by this�d of Trust as Trustee may re�}uire.
<br /> (a} Upon receipt vf such nvti�e fram Lender,Trustee shall cause to be reoarded, published and deli�ered
<br /> ta Trustor such Notice of Default and Notice o�Sale as then requ�red by law and by this Deed vf Trust.
<br /> Trustee shall, without demand vn Trustor, after su�h time as may then be required by law and aftsr
<br /> rec�rdation of su�h Notice v�Defauit and after Notice vf Sale ha�ing been gi�en as requir�d by 1aw, sell
<br /> the Proper#y at the time and p�ace of sale fixed by it in such Notice a# Safe, either as a whole, or in
<br /> separate Iots vr parvels or items as Trustee sha�l deem expedient, and in such order as it may dstermine,
<br /> at public a�ction to the highest bidder for cash in fawful maney af the United States payable at the time
<br /> a# sale. Trustee sha1� d��i�er ta such purchaser or purchasers thereof its good and sufficient deed vr
<br /> dee�ls oon�eying the prvperty sa sofd, but wi�hvuf any oo��nant or warranty, express ar implied. The
<br /> re�itals in such deed of any matters or facts shall be oonclusi�e proaf of the truthfulness thereaf. Any
<br /> persvn,including without limitation Trustvr,Tn.astee,ar Lender,may purchase at such sale.
<br /> [b} As may be per�mitted by law, after deducting all costs, fees and expenses of Trustee and of this
<br /> Trust, including costs of e�idenoe of titl�in connection with sale,Trustee shall apply the proceeds vf sale
<br /> to payment of [i}al!sums expended under the terms vf this D�eed af Trust or under the#erms af the Note
<br /> nvt then repaid, including but not lim�ted ta a�crued interest and late charges, �ii} all other sums then
<br /> secured hereby,and �iii}the remainder,if any,to the person or persons iegaliy entitfed thereto.
<br /> [c} Trustee may in the manner prn�Fded by law postpone sa�e�f a�i or any partion of the Property.
<br /> Remedies Nat Exclusi►►e. Trustee and Lender, and ea�h of them, shal! be entit{ed ta enforce payment and
<br /> periormance v�any indebtedness vr vblrgativns se�u�ed by this Deed af Trust and to exercise all rights and powers
<br /> under this Deed vf Trust, under the Note, under any of the Related Dacuments, or under any ather agreement ar
<br /> any laws now o� hersaft�r in fvr�e; notwithstanding, some or all ❑f such indet�tedness and obligations secured by
<br /> this Deed of Trust may now vr hereafter be❑therwise se�ur�d, whether by mo�tgage, deed of trust, pledge, lien,
<br /> assignment o�r o#herwise. Neither the acceptance of this Deed af Trust nor �ts enforcement, whether by caurt
<br /> action or pursuant to the pvwer of sale or�ther powers conta+ned in this ❑eed af Trust, shall prejudice ar in any
<br /> manr�er affect Trustee's or Lender's ri�ht to realize upon ar enforce any other security now or hereafter held by
<br /> Trustee�r Lender,it being agreed#hat Trustee and Lender,and�ach of them, shall be entitled to enfarca this�eed
<br /> of Trust and any other se�urity now or hereafter held by Lender ar Trustee in such order and manner as they or
<br /> ei#her of them may in their ahsolute discretion determine. No remedy conferred upon or reserved to Trustee or
<br /> Lender, is intended to be exclusi�e Qf any ather remedy in this Deed of Trust or by law provided or perm+tted, but
<br /> each sha�l be cumu�ati�e and shall be �n additian #o e�ery ather remedy gi�en in this ❑eed of Trust ar now or
<br /> hereafter existing at law or in equity vr by statute. E�ery power or r�medy given by the Nate ar any of the Related
<br /> Do�uments to Trustee or Lender or to which either vf them may be atherwise entitled, may be exercised,
<br /> concu�rently or independently,from time to time and as o�ten as may be deemed expedient by Trustee ar Lender,
<br /> and �ither of them may pursue inconsis#ent remed�es. Nothing in this D�ed af Trust shall be construed as
<br /> pr�hibiting Lender frvm seeking a deficiency judgment against the Trustor to the extent such activn is permit�ed by
<br /> faw.
<br /> Elect�vn of Remedies. Ati of Lender's rights and remealies wi�! h� cumulat��� and may be exercased a�one ar
<br /> tagether. �f Lender decides to spend money or to perform any o�Trustor's abligations under this Deed ❑f Trust,
<br /> after Trustor's failure to d❑so, that decisinn by Lender will nat affect Lender's r�ght#o decfare Trustor in default
<br /> and tv exercise Lender's remedies.
<br /> Reques#for Noti�e. Trustvr,❑n behalf of Trustor and Lender, herehy requests that a copy of any Natice of Default
<br /> and a�opy af any No#ice af 5ale under this Deed af Trust be mai�ed tv them at the addresses se#fvrth in the first
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