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- ,z-13-1999 DEED O n edUST 9 9 i 117 5 7 Page 5
<br /> Loan No 1055698
<br /> against Trustor or Borrower.
<br /> Foreclosuro,Forbiture,etc. Commer�cement of forecl�ure or forfeiture proceedin�s,whether by judicial proceedinp,self-help,repossession
<br /> or eny other method,by any creditor of Trustor or by any govemmentel ayency a�aai�t any of the Property. However,this subsecdon sFwN not
<br /> apply in the event of a good faith dispute by Trusta as to the vaNdity or reasonableness of the ciaim which is the basis of the foreclosure or
<br /> forefeiture proceeding, provided that Trustor pives Lender written notice of such claim and furnishes reserves or a surety bond for tha daim
<br /> satisfactory to Lender.
<br /> Breacl�ot OtF�x Apreement. Any breach by Trustor or Borrower under the terms of any other a�reement between Trustor or Borrower and
<br /> Lender thaf is not remedied within any grace period provided therein,induding without limitatlon any agreement concerninp any indebtedrbss
<br /> or other obliga8on of Trustor or Borrower to Lend�,whether ebsting now or later.
<br /> Events AffecUn�Guarantor. Any of the preceding evenls occurs with respect to any Guarantor of any of the Indebtedness or any Guerantor
<br /> dies or becomes incompetent,or revokes or disputes the validiiy of,or liability under,any Guaranty of the Indebtedr�ess. Lender,at its optlon,
<br /> may, bW shall not be required to, permit the Guerantor's estate to assume unconditlonaHy the oblipatlons arisinp under the puaranty in a
<br /> manner satisfactory to Lender,and,in danp so,cure the Event of Defautt.
<br /> Adverse Chanye. A material adverse change occurs in Borrower's Nnandal condition, or Lender believes the prospect of paymeM or
<br /> performence of the Indebtedness is impaired.
<br /> Inaecuriiy. Lender in good faith desms itself insecure.
<br /> ExiBtln�Indebttdness. A defauft shall occur under any E�dstlny Indebtedness or under any instrument on the Property securinp any Exisrinp
<br /> Indebtedness,or commencement of any suit or other acNon fo toredose any epsUnp Ifen on the Prope►ty.
<br /> Riqht to Cure. If such a fallure is curable and if Trustor or Borrower has not been fliven a notice ot a breach of the same provision of this Deed
<br /> of Trust within the preceding iwelve (12) months, it may be cured (and no Event of Defauft will have occurred)if Trustor or Borrower,atter
<br /> Lender sends written notice demanding cure of such failure: (s)cures the faAure within fifteen(15)days;or (b)ff the cure requirea more than
<br /> fifteen(15)days,immediately iniHates steps sufhcient to cure the failure and thereafter continues and completes all reasonable and nec�ssary
<br /> steps sufflcient to produce compliance as soon as reasonably practicel.
<br /> RIGHTS AND REMEDIES ON DEFAILT. Upon the occurrence of any Event of Default and at any time thereafter,Trustee or Lender,at its opdon,
<br /> may euercise any one or more of the tollowing rights and remedies,in addition to any other rights or remedies provided by law:
<br /> Acceleration upon Default; Additional Remediea If any event of default occurs as per the terms of the Note secured hereby,Lender may
<br /> declare aii Indebtedness secured by this Deed of Trust to be due and payable and the same shaN thereupon become due and payable without
<br /> any presentment,demand,protest or notice of any kind. Thereafter,Lender mey:
<br /> (a) Either in person or by a�ent,with w without bringing any action or proceeding, or by a receiver appointed by a court and without
<br /> regerd to the adequacy of i#s security,enter upon and fake possession of the Property,or any part thereof,in lis own name or in the name
<br /> of Trustee,and do any acts which it deems�sary or desireble to preserve the value,marketab�ity or rentabiNty of the Property,or part
<br /> of the Property or interest in the Property;increase the income irom the Properiy or protect the security of the Property;and,with or without
<br /> taking possession of the Properiy,sue for or otherwise collect the rents,issues and proflis ot the Property, includiny those past due and
<br /> unpaid,and apply the same,less costs and experises of operadon and cdlection,induding attorneys'fees,to any indebtedness secured
<br /> by this Deed ot Trust,aN in such order as Lender may determine. The entering upon and takinp possession'of the Property,the coNectlon
<br /> of such renis,issues and profds,and the appNcallon thereof aheN not cure or waive any defautt or notice of defauit under this Deed ot Trust
<br /> or invalidate eny act done in response to such default or pursuant to such notice of default; and, notwithstandirq the contlnuanca in
<br /> possessfon of the Property or the collection, receipt and appNcallon of rents, issues or proflts, Trustee or Lender shaN be endUed to
<br /> exercise every right provided for in the Note or the Related Documenis or by law upon the occurrence of any event of default,includirp the
<br /> riyht to exercise the power ot sale;
<br /> (b) Commence an actlon to foreclose this Deed of Trust as a mortgege,appant 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 writtan noUce of default and electlon to cause Trusta's
<br /> interest in the Property to be sold, which notice Trustee shall cause to be duly filed for record in the appropriate offices of the Couniy in
<br /> which the Property is located;and
<br /> (d) With respect to aN or any part of the Personal Properly, Lender shaN have aN the rights and remedies o(a secured party under the
<br /> Nebraska Uniform Commercial Code.
<br /> Foracbsure by Power of Sale. It Lender elects to foreclose by ezercise of the Pow�of Sale h�ein conteir�d,Lender shaN noUly Trustee and
<br /> shall deposit with Trustee this Deed of Trust and the Note and such receipts and eviderxe of e�enditures 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 Nodce of Defaulf
<br /> and Notice of Sale as then required by Iaw and by this Deed of Trust. Trustee shall, without demand on Trustor,after such dme as may
<br /> then be required by Iaw and after recordatlon of such Nobce of Defa�t end aRer Nodce of Sale having been given as required by law,seN
<br /> the Properiy at the time and place of sale fixed by it in such Notice of Sale,either as a whole, or i�separate lols or parcels or items as
<br /> Trustee shall deem expedient,and in such order as H may determine,at public auction to the highest bidder tor cash 1n IawfW money of
<br /> the United States payable at the time of sale. Trustee shaN deliv�to such purchaser or purchasers thereof its good and suiNcient deed or
<br /> deeds conveyi�g the property so sold,but withoW any covenant or warrany,express or ImpNed. The recitals in such deed of any maiters
<br /> or facts shall be conclusive proof of the truthfulness thereof. Any person, indudi►p without limitadon Trustor,Trustee, or Lender, may
<br /> purchase at such sale.
<br /> (b) As may be permitted by law,after deducting aA costs,fees and axper�se�of Trustee and of this Trust,induding costs of evidence of
<br /> title in connection with sale,Trustee shaq apply the proceeds of sele to payment of (i)aU sums expended under the terms of this Deed of
<br /> Trust or under the terms of the Note not then r�aid,i�dudinp but not limited to socrued(nterest and late charyes, (H)all other sums than
<br /> secured hereby,and (iii)the remainder,if any,to the person or persons IepaNy entit�d thereto.
<br /> (c) Trustee may in the manner provided by law postpone sale of aN or any porHon of the Property.
<br /> Remedies Not Exclusive. Trustee and Lender,and aach of them,shall be enHded to enforce payment and performance of any indebtedness
<br /> or obNgatlons secured by this Deed of Trust and to exerotse 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 laws now or hereaNer in force; noiwithstandiny, some or aN of such indebtedness
<br /> end obligations secured by this Deed of Trust may now or hereafter be otherwlse secured, whether by mortyage, deed of trust,pled�e, lien,
<br /> assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement,whether by court ac�on or pursuant to the power of
<br /> sale or other powers contained in this Deed of Trust, shaA prejudice or in any manner affect Trustee's or Lender's right to reali�e upon or
<br /> enfofce any other security now or hereafter held by Trustee or Lender, it beirtp agreed thet Tr�tee and Lender, and each of them, shaN be
<br /> entitled to enforce this Deed of Trust and any other security now or Fiereaffer held by Lender or Trustee in such order and manner as they or
<br /> eith� of them may in thetr absolute discreBon de�ermine. No remedy conferred upon or reserved b Trustee or Lender, is intended to be
<br /> exdusive of any other remedy in this Deed of Trust or by law provided or permitted,but each shaN be cumulative and shaN be in addiUon to
<br /> every other remedy given in this Deed of Trust or now or hereaRer e�dsHng at Iaw or in equiiy or by statute. Every power or remedy�fven by the
<br /> Note or any of the Related Dxuments to Trustee or Lender or to which either of them may be otherwise enUtled, may be exercised,
<br /> concurtendy or independently, fi�om time to time and as often as may be deemed expedient by Trustee or Lender, and either of them mey
<br /> pursue (nconsisteM remedies. Nothing in this Deed of Trust shaN be consfruerd as prohibitlrq Lender from seeking a deAciency judpment
<br /> agefnst the Tn�stor to the extent such action is permitted by law.
<br /> Request For Notice. Trustor,on behalf of Trustor and Lender,hereby requests that e copy of any Notice of DefauR end 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 paraqraph of this Deed of Trust.
<br /> Wdver, Election of Remedies. A waiver by any perty of a breach of a provision of this Deed of Tr�ut shaN not constitute a waiver of or
<br /> prejudice the party's rights otherwise to demand shict compifance with that provision or any other provision. Eleciion by Lender to pursue any j
<br /> nrtwdy providvd in this O�d ot Trust,ttw Noto,in any R�tod Documant,a providod by I�w stwN not wcclud�purauit ot pny other nrtwdy,
<br /> and an elecHon to make expendituros or to take action to perform an obll�allon of Trustor or Borrower under thla Deed of Trust after falluro of
<br /> Trustor or BoROwer to perform shaN not affect Ler�der's ripht to dedere a default and to exerclse any of its remedies.
<br /> Attomeys'Fees;Eupenaes, If Lender,instltutes any auit or acHon to enforce any of the terms of this Deed of Trust,Lender shall be entHled to
<br /> recover such sum as the court may 8djudpe reasonable as altorneys'fees at Mal and on any appeal. Whether or not any court actlon is
<br /> lnvolved,all reasonable expenses incurred by Lender whicb in Lende�'s opinion are necessary at an�r dme for the protection of its interest a�ll�
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