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k <br />201807482 <br />DEED OF TRUST <br />(Continued) Page 5 <br />time and for any reason. <br />Death or Insolvency. The death of Borrower or Trustor, the insolvency of Borrower or Trustor, the appointment of <br />a receiver for any part of Borrower's or Trustor's property, any assignment for the benefit of creditors, any type of <br />creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against <br />Borrower or Trustor. <br />Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial <br />proceeding, self-help, repossession or any other method, by any creditor of Borrower or Trustor or by any <br />governmental agency against any property securing the Indebtedness. This includes a garnishment of any of <br />Borrower's or Trustor's accounts, including deposit accounts, with Lender. However, this Event of Default shall <br />not apply if there is a good faith dispute by Borrower or Trustor as to the validity or reasonableness of the claim <br />which is the basis of the creditor or forfeiture proceeding and if Borrower or Trustor gives Lender written notice of <br />the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture <br />proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the <br />dispute. <br />Breach of Other Agreement. Any breach by Borrower or Trustor under the terms of any other agreement between <br />Borrower or Trustor and Lender that is not remedied within any grace period provided therein, including without <br />limitation any agreement concerning any indebtedness or other obligation of Borrower or Trustor to Lender, <br />whether existing now or later. <br />Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, <br />or accommodation party of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party <br />dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the <br />Indebtedness. <br />Adverse Change. A material adverse change occurs in Borrower's or Trustor's financial condition, or Lender <br />believes the prospect of payment or performance of the Indebtedness is impaired. <br />Insecurity. Lender in good faith believes itself insecure. <br />RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust, at any time thereafter, <br />Trustee or Lender may exercise any one or more of the following rights and remedies: <br />Acceleration Upon Default; Additional Remedies. If any Event of Default occurs as per the terms of the Note <br />secured hereby, Lender may declare all Indebtedness secured by this Deed of Trust to be due and payable and <br />the same shall thereupon become due and payable without any presentment, demand, protest or notice of any <br />kind. Thereafter, Lender may: <br />(a) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver <br />appointed 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 />deems necessary or desirable to preserve the value, marketability or rentability of the Property, or part of <br />the Property or interest in the Property; increase the income from the Property or protect the security of <br />the Property; and, with or without taking possession of the Property, sue for or otherwise collect the <br />rents, issues and profits of the Property, including those past due and unpaid, and apply the same, less <br />costs and expenses of operation and collection attorneys' fees, to any indebtedness secured by this Deed <br />of Trust, all in such order as Lender may determine. The entering upon and taking possession of the <br />Property, the collection of such rents, issues and profits, and the application thereof shall not cure or <br />waive any default or notice of default under this Deed of Trust or invalidate any act done in response to <br />such default or pursuant to such notice of default; and, notwithstanding the continuance in possession of <br />the Property or the collection, receipt and application of rents, issues or profits, Trustee or Lender shall <br />be entitled to exercise every right provided for in the Note or the Related Documents or by law upon the <br />occurrence of any event of default, including the right to exercise the power of sale; <br />(b) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver or specifically <br />enforce any of the covenants hereof; and <br />(c) Deliver to Trustee a written declaration of default and demand for sale and a written notice of default <br />and election to cause Trustor's interest in the Property to be sold, which notice Trustee shall cause to be <br />duly filed for record in the appropriate offices of the County in which the Property is located; and <br />(d) With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies <br />of a secured party under the Nebraska Uniform Commercial Code. <br />Foreclosure by Power of Sale. If Lender elects to foreclose by exercise of the Power of Sale herein contained, <br />Lender shall notify Trustee and shall deposit with Trustee this Deed of Trust and the Note and such receipts <br />and evidence of expenditures made and secured by this Deed of Trust as Trustee may require. <br />(a) Upon receipt of such notice from Lender, Trustee shall cause to be recorded, published and delivered <br />to Trustor such Notice of Default and Notice of Sale as then required by law and by this Deed of Trust. <br />Trustee shall, without demand on Trustor, after such time as may then be required by law and after <br />recordation of such Notice of Default and after Notice of Sale having been given as required by law, sell <br />the Property at the time and place of sale fixed by it in such Notice of Sale, either as a whole, or in <br />separate lots or parcels or items as Trustee shall deem expedient, and in such order as it may determine, <br />at public auction to the highest bidder for cash in lawful money of the United States payable at the time <br />of sale. Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient deed or <br />deeds conveying the property so sold, but without any covenant or warranty, express or implied. The <br />recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any <br />person, including without limitation Trustor, Trustee, or Lender, may purchase at such sale. <br />(b) As may be permitted by law, after deducting all costs, fees and expenses of Trustee and of this <br />Trust, including costs of evidence of title in connection with sale, Trustee shall apply the proceeds of sale <br />to payment of (i) all sums expended under the terms of this Deed of Trust or under the terms of the Note <br />not then repaid, including but not limited to accrued interest and late charges, (ii► all other sums then <br />secured hereby, and (iii) the remainder, if any, to the person or persons legally entitled thereto. <br />(c) Trustee may in the manner provided by law postpone sale of all or any portion of the Property. <br />Remedies Not Exclusive. Trustee and Lender, and each of them, shall be entitled to enforce payment and <br />performance of any indebtedness or obligations secured by this Deed of Trust and to exercise all rights and powers <br />under this Deed of Trust, under the Note, under any of the Related Documents, or under any other agreement or <br />any laws now or hereafter in force; notwithstanding, some or all of such indebtedness and obligations secured by <br />this Deed of Trust may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, lien, <br />assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, whether by court <br />action or pursuant to the power of sale or other powers contained in this Deed of Trust, shall prejudice or in any <br />manner affect Trustee's or Lender's right to realize upon or enforce any other security now or hereafter held by <br />Trustee or Lender, it being agreed that Trustee and Lender, and each of them, shall be entitled to enforce this Deed <br />