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2� 17� 1 � 17
<br /> DEED �F TRUST
<br /> �Cantinuedj Page 5
<br /> effect �including failure vf any collat�ral docum�nt to create a �alid and perfected se�urity interest or lien� a� any
<br /> time and for any reasan.
<br /> Daath or Insvl�ency. The death of Trustor. the inso��ency of Trustvr. the appointment of a rece��er for any part of
<br /> Trustor's prvperty, any assignment for the benefit of credit�rs. any #ype of creditar wvrkout, or the
<br /> commencement of any proceeding under any bankrup#cy or insol�en�y�aws by or against Trustor.
<br /> Creditor or Forfsiture Pro�eedings. �ummencement of foreclosure ❑r forfeitu�e proceedings, whether by judicia!
<br /> prviceeding,self-heip, repossession or any other meth�d. hy any creditor af Trustor or by any go�ernmental agency
<br /> against any property se�uring the Indebtedness. This inciudes a garnishment of any of Trustvr's accounts,
<br /> including depasit accounts, with Lender. Howe�er. this E�ent ❑f Default shall not apply if there is a gaad faith
<br /> dispute by Trustor as to the �alidity or reasonableness of the claim which is the basis of the �reditar or forfeiture
<br /> pra���ding and if Trustor gi►►es Lender written notice of the creditor or for�eiture proceeding and deposits with
<br /> Lender monies or a surety bvnd for the�reditvr❑r forfeiture proceeding, in an amvunt determined by L�nd�r. in its
<br /> so�e dis�retian, as being an adequate reser�e or bvnd for the dispute.
<br /> Breach v#�ther Agreement. Any hreach hy Trustor undsr the terms a#any other agreement between Trustor and
<br /> Lender that is not remedied within any grace period pro�ided therein, including without limitation any agreement
<br /> �oncern�ng any indehtedness vr other abliga#ian of Trustor to Lender, whether exist�ng now or later.
<br /> E�ents Affe�ting Guarantor. Any nf the preceding eWents occurs with respeGt#o any guarantor, endvrs�r, sursty,
<br /> or acc�mmodatian party �f any of the fndebtedness or any guarantor. endorser. surety, or accommvdativn party
<br /> dies or becomes incvmpetent, or re�nkes or disput�s th� �alidity of, or liability under, any Guaranty of the
<br /> I ndebtedness.
<br /> Ad�erse Change. A material ad�erse change occurs in Trustor's #inancial condition, or Lender belie�es ths
<br /> prospect of payment or performance of the Indehtedness is impaired.
<br /> Insecurity. Lender in good faith belie�es itself insecure.
<br /> Right to Cure. If any default, ather than a default in payment, is curahle and if Trustor has nat bsen gi�en a noti�e
<br /> of a brea�h of the same pro�ision of this Deed of Trust wrthin the p�eceding twel�e �12j months, it may be cured if
<br /> Trustor, after Lender sends written no#ice t❑Trustor demanding cur�of such defauEt: �1 f cur�s the de#ault within
<br /> twenty tZ�y d�ys; or �2� if the cure requires more th�n twenty {2�f days, immediately initiates steps which
<br /> Lender deems in Lender's sole discretion ta be sufficient to cure the de#ault and the�eefter continues and
<br /> completes all reasonable and necessary steps sufficien#ta produce cvmp�iance as saon�s reasonably pra�ti�al.
<br /> RIGHTS AND REMEDIES �N DEFAULT. If an E�ent of ❑efault occurs under this Deed of Trust. at any time thereafter,
<br /> Trustee or Lender may exercise any one or more of the fvllawing rights and remedies:
<br /> Acceleration Upvn Defeu�t:Additiflnal Remadies. I# any E�ent�# ❑efault occu�s as per the #erms of�he Note
<br /> secured hereby, Lender may declare ali Indebtedness secured by this Deed vf Trust to be due and payable and
<br /> #he same shall thereupon becvme due and payable without any presentment,demand, protest ar notice❑#any
<br /> kind. Thereafter. Lender may:
<br /> �a� Either in person or by agent, w�th or wi#h�ut k�ring�ng any act�on �r proceed�ng, or by a recei�er
<br /> appointed by a court and without regerd to the adsquacy of its security. snter upon and take possession
<br /> �#the Property, or any part thereof. in its own name or in the nams af Trustee. and d❑any acts which it
<br /> deems necessary vr desira�le to preser�e the�alue. marketability or rentability of the Prvperty, or part of
<br /> the Prvperty or interest in the Property; �ncrease the incvme frvm the Property ar protect the security of
<br /> the Prvperty; and, with or without taking possession vf the Proper�y, sue �ar or atherwise callec# the
<br /> rents, issues and prvfits of the Property, including those past due and unpaid, and apply the same, less
<br /> costs and expenses of aperativn and cvliection at#arneys' �ees,to any indebtedness se�ured by this Deed
<br /> ❑f Trust, all in such vrder as Lender may de�ermine. The entering upan �nd taking possession of the
<br /> Property, #he collection af such rents, issues and profits. and the appf��ation therevf shall not cure or
<br /> wai�e any default vr notice o�de#ault under this Deed of Trus#❑r in�alidate any act dvne in response tv
<br /> such default or pursuant tv such notice of default; and. notwithstanding the continuance in passession�f
<br /> the Property or the collection, receipt and application of rents, issues o� prafits, Trustee or Lender shall
<br /> he entitled ta exercise e�ery right pro►►ided far in the Note ar the Relat�d Documents ar hy �aw upon the
<br /> o�currence of any e�ent of default. includ�ng the right to exercise the pawsr of sale;
<br /> th� Commence an a�tivn t�fvreclose this D�ed of Trust as a mortgage, app�int a rec�i�er vr specificaliy
<br /> enforce any of the co�enants herevf; and
<br /> �c} Deli�er t❑Trustee a written declarativn of default and demand for sale and a written natice of d�fault
<br /> and electivn to cause Trustvr's inter�st in the Prvper#y to be sold. wh�ch notice Trustee shall �ause ta he
<br /> duly filed fvr record in the appropr�ate offices❑f the County in which the Property is fo�ated; and
<br /> �d� With respect ta atf or any part of the Persona! Property, Lender shall ha�e all the rights and remedies
<br /> af a secured party under the Nebraska lJni#orm Commerc�a�Code.
<br /> Foreclosure by Pawer v#5ala. If Lender elects tv fareclose by exercise ofi the Power of Sale herein contained,
<br /> Lender shall notify Trustee and shall depasit with Trustee this De�d of Trust and the Note and such receipts
<br /> and e�id�nce of expenditures made and secured k�y this�eed vf Trust as Trustee may require.
<br /> �af Upon receipt of such notice fram Lender, Trustee shall cause to be recorded, published and deli�ered
<br /> to Trust�r such Notice of De#ault and Notice vf Sale as then required by iew and by this Deed vf Trust.
<br /> Trustee shall, wi�hvu# demand on Trustor, after such time as may then be required by law and after
<br /> reco�datian of such Nvtice of Defauft and after Notice v#Sale ha��ng heen gi�en as required by law, sell
<br /> the Property at the time and place ❑f sa�e fixed hy it in SIJGh NQtiCB Of S81@. either as a whole. or in
<br /> separate lots❑r parcels or�tems as Trustee shall deem expedient. and in such❑rdgr as it may determine�
<br /> at public auction to the highest bidder for cash in lawful maney ❑f the Llnited States payable at the time
<br /> of sale. Trustee shall deli�er tv such purc�aser or purchasers thereo# its good and sufficient deed or
<br /> deeds cvn�eying the property so svld, but without any cv�enant or warranty, express or implied. The
<br /> recitals in su�h deed nf any matters or fa�ts shall be conclusi�e praof of the truthfu�ness thereof. Any
<br /> person, including w��hout limitativn Trustor, Truste�,or Lender, may purchase at such sale.
<br /> �bf As may �e permitted by law, after deducting all costs, fees and expenses vf Trustee and af this
<br /> Trust, including cvsts o�e�id�nce of title in cannectian with sale, Trustee shall apply the prviceeds of sale
<br /> to payment vf �if all sums expended under the terms vf this ❑eed v#Trust or under the terms of the Note
<br /> not then rspaid, including hut nat �imited to accrued interest and late charges, �iij all other sums then
<br /> se�ured hereby. and �iiiy the remainder. if any. tv the person ar persons legally entit�ed thereto.
<br /> �c� Trustee may�n the manner pra►►ided by law postpvne sale of all or any portion of the Property.
<br /> Ramedias Not Exclusi�a. Trust�e and Lender, and ea�h of them. shall be entitled to enfarce payment and
<br /> performance of any indebtedness ar obligati�ns secured by this Deed of Trust and to exercise all r�ghts and pawers
<br /> under this Desd of Trust. under the Nate. under any of the Reiated Dvcuments, or under any other agreem�nt or
<br /> any laws nvw or hereafter in �orce; notwithstanding� some or all af such indshtedness and ohligations secured by
<br /> this ❑eed of Trust may n�w or hereafter be otherwise seCured. whether by mvrtgage, deed o#trust, pledge, lien,
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