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2� 1 ��79�2
<br /> DEE� �F TRUST
<br /> t�ontinued� pa�e 5
<br /> either now or at the time made or furnished or becom�s false or mislgading at any time thereafter.
<br /> D�fecti�e Co#lateralizatit�n. This Deed of Trust or any o# the Related Dacuments �eases to be in full force and
<br /> effect �in�iuding faiiure o�any collateral document to crgate a �alid and perfected security interest or lieny at any
<br /> tim�and for any reason.
<br /> Insol�ency. The dissolution or t�rmination of Trust�r's existence as a going business, the ins�l�ency o#Trustor,
<br /> the appvintment of a rec�i�er for any part o�Trustor's property. any assignment for the benefit of cr�ditors, any
<br /> type of creditor workout. or th�cvmmen�ement of any praceeding under any bankruptcy or insal�ency laws lay or
<br /> against Trus#or.
<br /> Creditvr or Forfeiture Procaedings. Commencement of fareclosure or �orfeiture proc�edings, whether by judicial
<br /> prviceeding,seff-help, repassession vr any ather method, by any creditor vf Trustor or by any go�ernmenta� agency
<br /> against any prvperty securing the indehtedness. Thts includes a garnishm�nt of any af Trustor's accaunts,
<br /> including deposit accounts, with Lender. Hvwe�er, #his E�ent of Default shall not apply if th�re is a good faith
<br /> dispute by Trustvr as to the �alidity or reasonahleness of the claim which is the basis of#he creditar vr forfeiture
<br /> proceeding and if Trustor gi►►es Lender written notEce af the creditor vr forfeiture proceeding and deposits with
<br /> Lender monies or a surety band fvr the cred�tor ar for#eiture pro�eeding, in en amount determined by Lender, in its
<br /> sole discretivn, as being an adequate reser�e or band for the dispute.
<br /> Breech of�ther Agresment. Any br�ach hy Trustor under the terms of any other agre�ment between Trustor and
<br /> Lender that is nvt remedied within any grace period pra�ided therein. including withou� limitation any agreement
<br /> con�erning any indebtedness❑r other ob�igation nf Trustor to Lender, whether existing naw or later.
<br /> E�ants Affe�ting Guaran#or. Any of the preceding e�ents oc�urs with respect to any Guarantor �f any o# the
<br /> Indebtedness or any Guarantor dies ❑r becomes incompetent, vr re�okes ar disputes the �alidity �f, ❑r iiabiiity
<br /> under, any Guaranty vf the Indebtedness.
<br /> Ad�srse �hange. A material ad�erse �hange ❑ccurs in Trustar's �inancial condition, or Lender bsli��es the
<br /> prospect of payment ar perfarmance af the lndebtsdness is impaired.
<br /> Insacurrty. Lender in gaod faith bglie►►es itseif inse�ure.
<br /> Righ#to Cure. If any default, vther than a defauft in payment, is�urab�e and if Trustar has not been gi�en a notice
<br /> of a breach af the same pro�is+on of this Deed v�Trust within the preceding twel�� �12� mvnths� it may bs cured if
<br /> Trus#or, after Lender sends writtsn notice to Trustar demanding cure of such defauit: �1 y cures the default within
<br /> twen#y �20j days; �r ��y if the cure requires more than twenty t7Dj days, immediate�y initiates steps whi�h
<br /> Lender deems in Lender's sole discretion to be sufficient to �ure the default and thereafter continues and
<br /> completes all reesonable and necgssary steps sufficient to produce compliance as soon es reasonak�ly practical.
<br /> R��HTS AN� REMEDlES �N DEFALILT. if an E�ent of Default occurs under this Deed vf Trust, at any time thereafter,
<br /> Trustee❑r Lender may exercise any ane or more�f the fo�lowing rights and remedies:
<br /> Acca�eratian Upon Defau#t: Additianal Remedies. If any E�ent of Def�ult occurs as per the terms vf#he Nvte
<br /> secur�d hereby, Lender may declare�fl Indehtedness sscured by this ❑eed of Trust to be due and payab�e and
<br /> the same shall thereupon bscome due and payahle with�ut any presentment, demand, protest or notic�of any
<br /> kind. Thereefter, Lender may:
<br /> �a� Either in person ar by agent, w+th ar without bringing any activn or praceeding, vr by a recei�er
<br /> appointed by a court and withvu#regard to the adequacy of i#s security� en#er upvn and #ake possessivn
<br /> of the Property, or any part thereof, in its own nams vr in the name vf Trustee, and do any acts which it
<br /> deems ne�essary or desirable ta preser�e the�alue, marketability or rentability of the Praperty,or part of
<br /> #he Property or interest in the Property; increase the income from the Property vr protect#he s�curity o#
<br /> the Property; and� with or without taking possessian ot the Praperty� sue #or or otherwise coilect the
<br /> rents, issues and prvfits of#he Property, including those past due and unpaid. and apply the seme. less
<br /> costs and expenses o#�peration and colfectivn attarneys' fees,ta any indebtedness secured by this Deed
<br /> of Trust. all in su�h arder as Lender may determine. The ente�ing upon and taking pass�ssion of the
<br /> Prvperty, the �ollectivn vf such rents, issues and profits, and the appli�a#ian therevf shail not cure or
<br /> wai�e eny default or noti�e of default under�his Deed of Trust ar in�al�date any ac#done in response to
<br /> such default or pursuant to such notice of default; and. nvtwithstanding the continuance in possession vf
<br /> the Property or the �ollection, rsceipt and eppli�ation o�ren�s� issues or profits, Trustee ar Lender shall
<br /> be �ntit�ed to exercise e��ry right pra�ided for in the Note or the Related aocuments or hy law upan the
<br /> oc�urrence of any e�ent of default. inciuding�the right ta ex�r�is�the power vf saie;
<br /> �b) Commence an�ctivn to foreclose this Qeed a#Trust as a mortg�ge� appaint a re�ei�er o�specificaily
<br /> enforc�any o�the co�enants hereof; and
<br /> {cf Deli�er to Trustee a written d��larativn af default and demand for sale and a written notice of default
<br /> and election ta �ause Trustor`s interest in the Praperty to be so1d, whi�h nvtice Trustee shal� cause to be
<br /> duly filed for recvrd�n the appropriate offices vf the�vunty in which the Property is Iocated; and
<br /> tdj With respe�t to all or any part of the Personal Pr�perty, Lender shall ha�e all #he rights and remedi�s
<br /> of a secured party und�r the Nebraska Uniform Commercial Cvde.
<br /> Foreclosure by Power of Sale. If Lgnder elects tv foreclose by ex�rcise of the Pawer af SaEe herein contained.
<br /> Lender shall notify Trustee and shall deposit with Truste� this Deed of Trust and the No#e and such r�ce�pts
<br /> and e►►idence of expenditures made and secured hy this D�ed❑f Trust as Trustee may require.
<br /> �a� lJpon receipt of such nvtice from Lender, Trustee sha!!cause tv be recorded, pubf�shed and deii�ered
<br /> to Trustar such Notice of Default and Notice of 5ale as then requir�d by law and by this Deed �f Trus#.
<br /> Trustee shal�, without demand �n Trustor. after such tim� as may then be required hy law and a#ter
<br /> recordativn ❑f such Notice a#Default and after NotiGe of Saie ha�ing been gi�en as required by faw, sell
<br /> the Property at the time and place vf sa�e fixed by it in such Notice of Saie, eithsr as a whol�, or in
<br /> separate lots or parcels or items as Trustee shall deem exped�ent, and in such order�s it may determine,
<br /> at publi� auctivn tv the highest biddsr for�ash in lawful maney of the United St�tes payable at the time
<br /> of sale. Trustee shall deli�er to such purchaser vr pur�hasers therevf its goad and sufficient deed or
<br /> deeds cvn�eying the property so so�d. but withaut any ca�enant or wa�ranty. express or implied. The
<br /> recitals in such deed o# any matters or facts shall be conclusi►►e praof of the truth#ulness thereof. Any
<br /> person. in�luding withvut limitatian Trustor,Trustee,or L�nder, may purchase a#su�h sale.
<br /> �by As may he permitted hy law, after deducting a!! costs, fees and expenses of Trustee and of #his
<br /> Trust, including costs of e�idence of title in connect�on with sale,Trustee shall apply the praceeds vf sale
<br /> ta payment of �i� all sums expended under the terms af this Deed of Trust or under th�terms of the Note
<br /> not then repaid. including but not limited to accrued interest and late charges� �iiy ali other sums then
<br /> secured hereby, and �iiif the remainder, i#any,tv the person or persons legally entitl�d thereto.
<br /> ��j Trustee may in the manner prv�ided by law pastpvne s�fe of a!I ar any portion af#he Prvperty.
<br /> Remadies Not Exclusi�e. Trustee and Lender, and each ❑f them, shall be entitled tv enforce payment and
<br /> performan�e❑f any indebtedness ar oblig�tians secured by this Deed of Trust and ta exercise ali r�ghts and powers
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