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Loan No: 81 <br />Events Aff-cting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, <br />or accom odation party of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party <br />dies or be omes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the <br />Indebtedne -s. <br />Adverse C <br />prospect o <br />Insecurity. <br />RIGHTS AND R <br />Trustee or Lend <br />Accel <br />secure <br />the sa <br />kind. <br />d: <br />th <br />th <br />re <br />c. <br />of <br />Pr <br />w• <br />su <br />th <br />be <br />oc <br />(a Either in person or by agent, with or without bringing any action or proceeding, or by a receiver <br />a. pointed by a court and without regard to the adequacy of its security, enter upon and take possession <br />of the Property, or any part thereof, in its own name or in the name of Trustee, and do any acts which it <br />ems necessary or desirable to preserve the value, marketability or rentability of the Property, or part of <br />Property or interest in the Property; increase the income from the Property or protect the security of <br />Property; and, with or without taking possession of the Property, sue for or otherwise collect the <br />ts, issues and profits of the Property, including those past due and unpaid, and apply the same, less <br />sts and expenses of operation and collection attorneys' fees, to any indebtedness secured by this Deed <br />Trust, all in such order as Lender may determine. The entering upon and taking possession of the <br />perty, the collection of such rents, issues and profits, and the application thereof shall not cure or <br />ive any default or notice of default under this Deed of Trust or invalidate any act done in response to <br />h default or pursuant to such notice of default; and, notwithstanding the continuance in possession of <br />Property or the collection, receipt and application of rents, issues or profits, Trustee or Lender shall <br />entitled to exercise every right provided for in the Note or the Related Documents or by law upon the <br />urrence of any event of default, including the right to exercise the power of sale; <br />(b) <br />en <br />(c) <br />an <br />du <br />(d) <br />of <br />Foreclo <br />Lender <br />and <br />evi <br />(a) <br />to <br />Tr <br />rec <br />the <br />se• <br />at <br />of <br />de <br />rec <br />per <br />(b) <br />Tru <br />to <br />not <br />sec <br />(c) <br />Remedies N <br />performance <br />under this De <br />any laws no <br />this Deed of <br />assignment o <br />action or pur <br />manner affec <br />Trustee or Le <br />of Trust and <br />either of the <br />Lender, is int <br />each shall be <br />hereafter exis <br />Documents t <br />concurrently <br />and either of <br />prohibiting Le <br />law. Election <br />make expendi <br />failure to perf <br />Request for N <br />and a copy of <br />paragraph of t <br />Attorneys' Fe <br />Trust, Lender <br />and upon any <br />reasonable ex <br />15180 <br />201704340 <br />DEED OF TRUST <br />(Continued) Page 5 <br />ange. A material adverse change occurs in Trustor's financial condition, or Lender believes the <br />payment or performance of the Indebtedness is impaired. <br />Lender in good faith believes itself insecure. <br />MEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust, at any time thereafter, <br />r may exercise any one or more of the following rights and remedies: <br />ration Upon Default; Additional Remedies. If any Event of Default occurs as per the terms of the Note <br />hereby, Lender may declare all Indebtedness secured by this Deed of Trust to be due and payable and <br />e shall thereupon become due and payable without any presentment, demand, protest or notice of any <br />hereafter, Lender may: <br />Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver or specifically <br />orce any of the covenants hereof; and <br />Deliver to Trustee a written declaration of default and demand for sale and a written notice of default <br />election to cause Trustor's interest in the Property to be sold, which notice Trustee shall cause to be <br />y filed for record in the appropriate offices of the County in which the Property is located; and <br />With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies <br />secured party under the Nebraska Uniform Commercial Code. <br />ure by Power of Sale. If Lender elects to foreclose by exercise of the Power of Sale herein contained, <br />hall notify Trustee and shall deposit with Trustee this Deed of Trust and the Note and such receipts <br />ence of expenditures made and secured by this Deed of Trust as Trustee may require. <br />Upon receipt of such notice from Lender, Trustee shall cause to be recorded, published and delivered <br />rustor such Notice of Default and Notice of Sale as then required by law and by this Deed of Trust. <br />stee shall, without demand on Trustor, after such time as may then be required by law and after <br />rdation of such Notice of Default and after Notice of Sale having been given as required by law, sell <br />Property at the time and place of sale fixed by it in such Notice of Sale, either as a whole, or in <br />arate lots or parcels or items as Trustee shall deem expedient, and in such order as it may determine, <br />ublic auction to the highest bidder for cash in lawful money of the United States payable at the time <br />ale. Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient deed or <br />s conveying the property so sold, but without any covenant or warranty, express or implied. The <br />als in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any <br />on, including without limitation Trustor, Trustee, or Lender, may purchase at such sale. <br />As may be permitted by law, after deducting all costs, fees and expenses of Trustee and of this <br />t, including costs of evidence of title in connection with sale, Trustee shall apply the proceeds of sale <br />ayment of (i) all sums expended under the terms of this Deed of Trust or under the terms of the Note <br />then repaid, including but not limited to accrued interest and late charges, (ii) all other sums then <br />red hereby, and (iii) the remainder, if any, to the person or persons legally entitled thereto. <br />Trustee may in the manner provided by law postpone sale of all or any portion of the Property. <br />Exclusive. Trustee and Lender, and each of them, shall be entitled to enforce payment and <br />f any indebtedness or obligations secured by this Deed of Trust and to exercise all rights and powers <br />d of Trust, under the Note, under any of the Related Documents, or under any other agreement or <br />or hereafter in force; notwithstanding, some or all of such indebtedness and obligations secured by <br />rust may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, lien, <br />otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, whether by court <br />uant to the power of sale or other powers contained in this Deed of Trust, shall prejudice or in any <br />Trustee's or Lender's right to realize upon or enforce any other security now or hereafter held by <br />der, it being agreed that Trustee and Lender, and each of them, shall be entitled to enforce this Deed <br />ny other security now or hereafter held by Lender or Trustee in such order and manner as they or <br />may in their absolute discretion determine. No remedy conferred upon or reserved to Trustee or <br />nded to be exclusive of any other remedy in this Deed of Trust or by law provided or permitted, but <br />cumulative and shall be in addition to every other remedy given in this Deed of Trust or now or <br />ing at law or in equity or by statute. Every power or remedy given by the Note or any of the Related <br />Trustee or Lender or to which either of them may be otherwise entitled, may be exercised, <br />r independently, from time to time and as often as may be deemed expedient by Trustee or Lender, <br />them may pursue inconsistent remedies. Nothing in this Deed of Trust shall be construed as <br />der from seeking a deficiency judgment against the Trustor to the extent such action is permitted by <br />by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to <br />ures or to take action to perform an obligation of Trustor under this Deed of Trust, after Trustor's <br />rm, shall not affect Lender's right to declare a default and exercise its remedies. <br />ice. Trustor, on behalf of Trustor and Lender, hereby requests that a copy of any Notice of Default <br />any Notice of Sale under this Deed of Trust be mailed to them at the addresses set forth in the first <br />is Deed of Trust. <br />s; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Deed of <br />hall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial <br />appeal. Whether or not any court action is involved, and to the extent not prohibited by law, all <br />enses Lender incurs that in Lender's opinion are necessary at any time for the protection of its <br />