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07-12-1999 �'� �" ?' ;��},,� <i Q"r'.8 3DEED OF TRUST Page f�
<br /> Loan No 764425 (Continued)
<br /> Breach of Other Agreement. Any breach by Trustor or Borcower under the terms of any other agreement between Trusto�or Borrower and
<br /> Lender that is not remedied within any grace period provided therein,including without limitation any agreement concerning any indebtedness
<br /> or other obligation of Trustor or Borrower to Lender,whether existing now or Iater.
<br /> Events Affecting Guarentor. Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedness or any Guarantor
<br /> dies or becomes incompetent,or revokes or disputes the validity of,or liability under,any Guaranty of the Indebtedness.
<br /> Events Affeciing Co-Borrowers. Any of the preceding events occurs with respect to any co-borrower of any of the Indebtedness or any
<br /> co-borrower dies or becomes incompetent,or revokes or disputes the validity of,or liability under,any of the Indebtedness.
<br /> Adverse Change. A material adverse change occurs in Borrower's flnancial condition, or Lender believes the prospect of payment or
<br /> performance of the Indebtedness is impaired.
<br /> Insecurity. Lender in good faith deems itself insecure.
<br /> RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Event of Default and at any time thereafter,Trustee or Lender,at its option,
<br /> may exercise any one or more of the following rights and remedies,in addition to any other rights or remedies provided by Iaw:
<br /> Acceleratfon upon Default; AddiilontU Remedies. If any event of default occurs as per the terms of the Note secured hereby,Lender may
<br /> declare all Indebtedness secured by this Deed of Trust to be due and payable and the same shall thereupon become due and payable without
<br /> any presentment,demand,protest or notice of any kind. Thereafter,Lender may:
<br /> (a) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court and without
<br /> regard to the adequacy of its security,enter upon and take possession of the Property,or any part thereof,in its own name or in the name
<br /> of Trustee,and do any ac�which Pt deems necessary or desirable to preserye the value,marketpbility or rentability of the Property,or part
<br /> of the Rroperty or interest in ttie Property;increase the incnme frum the Property ar protect�e se�urity of the Prope�y+;.and,with or without
<br /> taking possession of the Property,sue for or otherwise collect the rents, issues and proflts of the Property, including those past due and
<br /> unpaid,and apply the same,less costs and expenses of operation and collection,including attorneys'fees,to any indebtedness secured I
<br /> by this Deed of Trust,all in such order as Lender may determine. The entering upon and taking possession of the Property,the collection
<br /> of such rents,issues and profits,and the application thereof shall not cure or waive any default or notice of default under this Deed of Trust
<br /> or invalidate any act done in response to such default or pursuant to such notice of default; and, notwithstanding the continuance in
<br /> possession of the Property or the collection, receipt and application of rents, issues or profits, Trustee or Lender shall be entitled to
<br /> exercise every right provided for in the Note or the Related Documents or by law upon the occurrence of any event of default,including the
<br /> 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 enforce any of the covenants
<br /> hereof;and
<br /> (c) Deliver to Trustee a written declaration of default and demand for sale and a written notice of default and election to cause Trustor's
<br /> interest in the Property to be sold, which notice Trustee shall cause to be duly filed for record in the appropriate oifices of the County in
<br /> 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 of a secured party under the
<br /> Nebraska Uniform Commercial Code.
<br /> Foreclosure by Power of Sale. If Lender elects to foreclose by exercise of the Power of Sale herein contained,Lender shall notify Trustee and
<br /> shall deposit with Trustee this Deed of Trust and the Note and such receipts and evidence of expenditures made and secured by this Deed of
<br /> Trust as Trustee may require.
<br /> (a) Upon receipt of such notice from Lender,Trustee shall cause to be recorded,published and delivered to Trustor such Notice of Default
<br /> and Notice of Sale as then required by law and by this Deed of Trust. Trustee shall, without demand on Trustor,after such time as may
<br /> then be required by law and after 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 foced by it in such Notice of Sale, either as a whole, or in separate lois or parcels or items as
<br /> Trustee shall deem expedient,and in such order as it may determine, at public suction to the highest bidder tor cash in lawful money of
<br /> the United States payable at the time 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 recitals in such deed of any matters
<br /> or facts shall be conclusive proof of the truthfulness thereof. Any person, including without limitation Trustor,Trustee, or Lender, may
<br /> purchase at such sale.
<br /> (b) As may be permitted by law,after deducting all costs,fees and expens�s of Trustee and of this Trust, including costs of evidence of
<br /> title in conr}8ction with sale,Trust�e shall apply tFie proceacls of s$le to pa�+riient of (i)ell sums expended under the terms qf this Dead of
<br /> Trust or under 1he terms of the Note not then repaid,including but not limited to accrued interest and I&te charges, (ii)all other sums then I
<br /> secured hereby,and (iii)the remainder,if any,to the person or persons legally entided thereto.
<br /> (c) Trustee may in the manner provided by law postpone sale of all or any portion of the Property.
<br /> Remedles Not Exclusive. Trustee and Lender,and each of them,shall be entitled to enforce payment and performance of any indebtedness
<br /> or obligations secured by this Deed of Trust and to exercise all rights and powers under this Deed of Trust, under the Note, under any of the
<br /> Related Documents, or under any other agreement or any Iaws now or hereafter in force; notwithstanding,some or all of such indebtedness
<br /> and obligations secured by this Deed ot 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 action or pursuant to the power of
<br /> sale or other powers contained in this Deed of Trust, shall prejudice or in any manner affect Trustee's or Lender's right to realize upon or
<br /> enforce any other securiiy now or hereafter held by Trustee or Lender, it being agreed that Trustee and Lender, and each of them, shall be
<br /> entitled to enforce this Deed of Trust and any other security now or hereafter held by Lender or Trustee in such order and manner as they or
<br /> either of them may in their absolute discretion determine. No remedy conferred upon or reserved to Trustee or Lender, is intended to be
<br /> exclusive of any other remedy in this Deed of Trust or by Iaw prov�ded or permitted,but each shall be cumulative and shall be in addition to
<br /> every other remedy given in this Deed of Trust or now or hereafter existing at law or in equity or by statute. Every power or remedy given by the
<br /> Note or any of the Related Documents to Trustee or Lender or to which either of them may be otherwise entitled, may be exercised,
<br /> concunently or independently, from time to time and as often as may be deemed expedient by Trustee or Lender, and either of them may
<br /> pursue inconsistent remedies. Nothing in this Deed of Trust shall be construed as prohibiting Lender from seeking a deficiency judgment
<br /> against the Trustor to the wctent such action is permitted by law.
<br /> Request For Notice. Trustor,on behalf of Trustor and Lender,hereby requests that a copy of any Notice of Default and a copy of any Notice
<br /> of Sale under this Deed of Trust be mailed to them at the addresses set forth in the first paragraph of this Deed of Trust.
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