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� �o n No91 64120 DEED O n eR�UST g 9 112 �. 6 3 Page 5
<br /> Existinq Indebtedness. A default shall occur under any Existing Indebtedness or under any instrument on the Properiy securing any Exisdnp
<br /> Indebtedness,w commencement of any suit or other action to foreclose any e�dsting lien on the Property.
<br /> Ri�ht to Cure. If such a failure is curable and if Trustor has not been given a notice of a breach of the same provisfon of this Deed M Trust
<br /> within the preceding twelve (12) months, it may be cured (and no Event of Default will have occurred) ff Trustor, a(ter Lender sends written
<br /> notioe demanding cure of such failure: (a) cures the failure withln fifteen (15) days; or (b) if the cure requires more than fifteen (15) days,
<br /> immediately initiates steps sufficient to cure the failure and thereafter continues and completes all reasonable and necessery steps sufflc(ent to
<br /> produce compliance as soon as reasonably practical.
<br /> RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrecice of any Event of Default and at any time thereafter,Trustee or Lender,at its optlon,
<br /> may exercise any one or more of the following rights and remedies,in addition to any other righls or remedies provided by law:
<br /> Accekratlon upon DeMult; Additional Remedies. If any event of default occurs as per the terms of the Note secured hereby,Lender may
<br /> declare ell Indebtedn�s 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,prot�t or notice of any kind. Thereafter,Lender may:
<br /> (a) Either in person or by agent, with or without bringing any action or procesding, or by a receiv�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 acts which it deems necessary or desirable to preserve the value,maricetability or rentabNity of the Property,or part
<br /> of the Prope�ty or fnterest in the Properiy;increase the income irom the Properiy or protect the securily of the Prope�ty;and,with or without
<br /> taking possession of the Property,sue for or otherwise collect the rents,issues and profits of the Property, including those past due 8nd
<br /> unpaid,and apply the same,less costs and expenses of operation and collection,including attorneys'fees,to any indebtedness secured
<br /> by this Deed of Trust,all in such order$s Lender maydetermine. The entering upon and taking possession of the Property,the cdlection
<br /> of such rents,issues and profits,and the application thereof sFwN not cure or waive any default or notice of default undar tf�is D�ad of Trust
<br /> or invalidate any act done in response to such default or pursuant to such notk:e of default; and, notwithstand(ng the condnwnce in
<br /> possession of the Property or the collection, receipt and application of rents, issues w profils, Trustee or Lender shall be entltled to
<br /> exercise every right provided for in the Note or the Related Documenis or by law upon the occurrence of any event of defautt,induding 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 covenanis
<br /> hereof;and
<br /> (c) Deliver to Trustee a written declaration of default and demand fw sale and a written notice of default and election to cause Tn�stor'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 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 tt►e
<br /> Nebraska Uniform Commercial Code.
<br /> Foreclosure by Power of Sale. If Lender elects to foreclose by exercisa of the Power of Sale herein contained,Lender shall notHy Trustee and
<br /> sheli deposit with Trustee this Deed of Trust and the Note and such receipis 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 Noace of Defauft
<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 taw and after recordation of such Notice of Default and after Notice of Sale haviny been given as required by law,seq
<br /> the Property at the ttme and place of sale foced by it in such Notice of Sale,either as a whole, or in separate lois or parcels or ftema es
<br /> Trustee shall deem expedient,and in such order as it may determine, at public auction to the highest bidder for cash in lawful money of
<br /> the United States payable at the time of sate. Trustee shali deliver to such purcheser or purchasers thereof lis pood and sui�dent deed or
<br /> deeds conveying the property so sold,but without any covenant or waRanty,express or implied. The recitals in such deed of any matfers
<br /> or facis shali 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 expenses of Trustee and of this Trust,including costs of evidence of
<br /> tltle in connecUon with sale,Trustee shall apply the proceeds of sale to paymenf of (i)aN sums e�ended under the terms of this Deed of
<br /> Trust or under the terms of the Note not then repaid,including but not iimited to accrued interest and Iate charges, (ii)all oth�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 Excluslve. 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 ex�cise 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 hereafter in force; noiwithstanding,some or all of such indebtedness
<br /> and obligatlons secured by this Deed of Trust may now or hereafter be oth�wise secured, whether by mortgage, deed of trust,pledye,Nen,
<br /> assignment or otherwise. Neith�the acceptance of this Deed of Trust nor its enforcement,whether by court actlon 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 ►ight to realize upon or
<br /> enforce any other securiy now or hereafter held by Trustee or Lender, it being agreed that Trustee and Lender, and each of them, shaN be
<br /> e�titled to enforce this Deed of Trust and any other secu�ity now or hereafter held by Lender or Trustee in such order and manner es they or
<br /> either of them may in their absolute discreHon determine. No remedy conferced upon or reserved to Trustee or Lender, is intended to be
<br /> exclusive of any other remedy in this Deed of Trust or by law provided or permitted,but each shall be cumulative and shall be in addi�on 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 exerdsed,
<br /> concurrently 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 incor►sistent remedies. Nothing in this Deed of Trust shall be construed as prohibiting Lender from seeking a deficiency judpment
<br /> against the Trustor to the extent such action is permitted by Iaw.
<br /> Request For Notice. Trustor,on behalf of Trustw and Lender,hereby requesis 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.
<br /> Waiver; ElecUon of Remedies. A waiver by any party of a breach of a provision of this Deed of Trust shall not constitute a walver of or
<br /> prejud�e the party's�ighis otherwise to demand strict compliance with that provision or any other provision. Electlon by Lender to pursue any
<br /> remedy provided in this Deed of Trust,the Note,in any Related Document,w provided by law shall not exclude pursuR of any other remedy,
<br /> and an election to make expenditures or to take action to perform an obligation of Trustor under this Deed of Trust after failure of Trustor to
<br /> perform shall not affect Lender's right to declare a default and to exercise any of iis remedies.
<br /> Attomey8'Fees;Expenses. If LendeFanstitWos aryr suit or scfku►to enforoa any of the terms of ihis Deod of Trust,Lender shall be enHtled tq
<br /> recover such sum as the court may adjudge reasonable as attwneys' fees at Mal and on any eppeai. Whether or not any court actlon is
<br /> involved,ail reasonable expenses incurred by Lender whicll in Lenders opinion are nec�ssary at any time for the protecdon of iis interest or the
<br /> enforc;ement of its rights shall become a part of the indebtedness payable on demand and shall bear interest at the Note rate from the date of
<br /> expenditure until repaid. Expenses covered by this paragraph include,without limitation, however subject to any Iimits under applicable law,
<br /> Lender's attorneys'fees whether or not there is a lawsuit, including attorneys' fees for bankruptcy procsedings (including efforts to modiy or
<br /> vacate any autometic stay or injunction), appeals and any anticipated post judgment collection services, the cost of searchinp records,
<br /> obtaining tltle reports (including foreclosure reports),surveyors' reports,appraisal fses, title insurance, and fees for the Trustee, to the extent
<br /> permitted by applicable law. Trustor also will pay any court costs,in additlon to all other sums provided by lew.
<br /> Riphts ot Trustee. Trustee shall have all of the rights and duti�of Lender as set forth in this sec6on.
<br /> POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee are part of this Deed of
<br /> Trust.
<br /> Powen of Trustee. I�addition to all powers of Trustee arising as a matter of Iaw,Trustee shall have the power to take the foliowinp acdons
<br /> with respect to the Property upon the written request of Lender and Trustor: (a)jan in preparing and flling a map or plat of the Real Property,
<br /> includinfl the dedicadon of st�eets or other r(ghts to the publiC; (b)join in granting any easement or creadnq any resMction on the Resl Property;
<br /> and (c)Join in any subordination or other agreement affecting this Deed oi Trust or the interest of Lender under this Deed of Trusf.
<br /> Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. In addition to the rights and remedies set forth above,
<br /> with respect to all or any pa�t of the Property,the Trustee shall have the right to foreclose by notice and sale,and Lender shall have the right to
<br /> foreclose by judkial for�closure,in either case in accos�,lence with and to the fuN exteM provided by applicable law. ,
<br /> Successor Trustee. Lender,at Lender's opHon,may from t(me to dme appoint a sucxessor Trustee to any Trustee appdnted hereunder by an
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