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DEED OF 200304338 Page5
<br />(Continued) inued)
<br />Adverse Change. A material adverse change occurs in Trustor's financial condition, or Lender believes the prospect Of payment or
<br />performance of the Indebtedness Is Impaired.
<br />Insecurity. Lender in good faith believes bell insecure.
<br />Right to Cure. If such a failure is cumble and it Trustor has flat been given a notice of a breech of the same provision of this Dead of Trust
<br />wMln the preceding twelve (12) months, it may be cured (and no Event of Default will have occurred) it Trustor, after Lender sends written
<br />notice demanding cure of such failure: (a) cures Me failure whin fifteen (15) days; or (b) a Me cure requires more than fifteen (15) days,
<br />imm rdiately..mi6ates steps sufficient to cure the failure and thereafter continues and completes all reasonable and necessary steps sufficient
<br />to produce Compliance as soon as reasonably practical.
<br />RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default Occurs under this Deed of Trust, at any time thereafter, Trustee or Lender may
<br />exercise any one or more of Me following rights and remedies:
<br />Acceleration Upon Default; Additional Remedies. If any Event of Default occurs as per the terms of the Note secured hereby, Under
<br />may declare all Indahtedness secured by this Deed of Trust to be due and payable and the same shall thereupon become due and
<br />payable without any presentment, demand or protest of any kind. Thereafter, Lender may:
<br />(a) Eller in person or by agent, with or without bringing any action or proceeding, or by a rmelver appointed by a court arm
<br />without regard to the adequacy of its security, enter upon and take possession of Me Property, or any pad thereof, N its own name
<br />or in the name of Trustee, and do any acts, which it deems necessary or desirable to preserve the value, marketability or rentabllity
<br />of the Property, or pad of Me Property or Interest In Me Property; increase the income from Me Property or protect the security of
<br />the Property; and, with or without taking possession of the Property, sue for or otherwise collect the rents, issues and profits of the
<br />Property, including those past due and unpaid, and apply the same, less costs and expenses of operation and collection attorneys'
<br />fees, to any Indebtedness secured by this Dead of Trust, all in such order as Lender may determine. The entering upon and taking
<br />possession of the Property, the collection of such rents, Issues and profits, and Me application thereof shall not cure or waive any
<br />defeat or notice of default under this Dead of Trust or invalidate any act done in response to such default or pursuant to such
<br />notice of default; and, notwithstanding the continuance in possession of Me Property or Me collection, receipt and application of
<br />rants, issues or probe, Trustee or Lender shall be entitled to exercise every right provided for in the Now Or Me Related
<br />Documents or by law upon Me occurrence of any event of blank, including Me right to exercise the Power of sale;
<br />(b) Commence an action to foreclose Mis Deed M Trust as a mortgage, appoint a receiver or sWiificalty enforce any of the
<br />covenants hereof; and
<br />(c) Deliver W Trustee a written declaration of default and demand for sale and a written notice of default and election to cause
<br />Trustor's Interest In the Property to be sold, which notice Trustee shall cause to be duly fled for record in the appropriate offices of
<br />the County in which Me Property is located; and
<br />(d) With respect to all or any part of the Personal Property, Lender shall have all Me rights and remedies of a secured Party under
<br />the Nebraska Uniform Commercial Code.
<br />Foreclosure by Power of Sale. If Lender elects M foreclose by exercise of Me Power of Sale herein contained, Lender shall notify
<br />Trustee and shall deposit with Trustee this Deed of Trust and the NOW and such receipts and evidence of axpantlkures made am
<br />secured by this Deed of Trust as Trustee may require.
<br />(a) Upon recelpt of such notice from Lender, Trustee shall cause to be recorded, published and delivered 10 Trustor such Notice
<br />of Default and Notice of Sale as Men required by law and by this Deed of Trust. Trustee shall, without demand on Trustor, after
<br />such time as may then be required by law and after recordation of such Notice of Default and after Notice of Sale having been
<br />given as required by few, sell Me Property at Me time and place of sale fixed by it in such Notice of Sale, ether 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, at public auction to the
<br />highest bidder for cash In lawful money of the United States payable at Me time of sale. Trustee shall deliver to such purchaser or
<br />purchasers Meteor its good and sufficient tleed or deeds conveying the property so sold, but without any covenant or warranty,
<br />express or implied. The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness Medal. 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 Trust, including costs of
<br />evidence of title in connection WWI sale, Trustee shall apply the proceeds of sale to payment of (I) all sums expanded under Me
<br />terms of this Deed of Trust or under the terms of the Note not Men repaid, including bid not limited to accrued Interest and late
<br />charges, (it) all other sums Men secured hereby, and (iii) Me remainder, deny, to the person or persons legally entitled thereto.
<br />(c) Trustee may in Me manner provided by law postpone sale of all or any Wr ion of the Property.
<br />Remedies Not Exclusive. Trustee and Lender, and each of them, shall be entitled to enforce payment and performance of any
<br />indebtedness or obligations secured by MIS Deed of Trust and to exercise all rights and powers under this Deed of Trust, under Me Note,
<br />under any of the Related Documents, or under any other agreement or any laws now or hereafter In force; notwithstanding, some or all of
<br />such indebtedness and obligations secured by this Deed of Trust may now or hereafter be otherwise secured, whether by mortgage, dead of
<br />trust, pledge, Ilan, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, whether by court action or
<br />pursuant to the power of sale or other powers contained in this Deed of Trust, shall prejudice or in any manner affect Trustee's or Landers
<br />right to realaw upon or enforce any other security now or hereafter held by Trustee or Lender, a being agreed that Trustee and Lender, and
<br />each of them, shall be entitled to enforce this Dead of Trust and any other security now or hereafter held by Lender Or Trustee in such order
<br />and manner as they or either of Main may In their absolute discretion determine. No remedy canterred upon or reserved to Trustee or
<br />Lender, is intended to be exclusive of any other remedy in this Deed of Trust or by law provided or pe rood, but each shall be cumulative
<br />and shall be in addition to every other remedy given in this Deed of Trust or now or hereafter existing at law or In equity or by stable. Every
<br />Power or remedy given by Me Note or any of Me Related Documents to Trustee or Lender or to which enter of them may be Otherwise
<br />entitled, may be exercised, concurrently or Independently, from time to time and as often as may be deemed expedient by Trustee or Lender,
<br />and either of them may pursue inconsistent remedies. Nothing in this Deed of Trust shall be construed as prohibiting Leander tram seeking a
<br />deficiency judgment against the Trustor to Me extent such action is permitted by law. Election by Under ro pursue any remedy shall not
<br />exclude pursuit of any other remedy, all an election W make expenditures or to fake action W perform an obligation of Truslor under this
<br />Deed of Trust, after Trustor's failure t0 perlom, shall not affect Lenders right to declare a default and exercise its remedies.
<br />Request for Nalco. Trustor, on behalf of Trustor and Lender, hereby requests that a copy of any Notice of Default and a may of any Notice
<br />of Sale under this Deed of Trust be mailed to them at the addresses set font in the first paragraph of this Deed of Trust.
<br />Attorneys' Flea; Expenses. If Lender instiMe , any suit or action to enforce any of Me terms of this Deed of Trust, Lender shall be emitted
<br />to recover such sum as the court may adjudge reasonable as attomeys' fees at Mal and upon any appeal. Whether or not any court action is
<br />involved, and to Me extent not prohibited by law, all reasonable expenses Lender incurs Mat In Lenders opinion are necessary at any time
<br />for the protection of its interest or the enforcement of its rights shall become a part of the Indebbalness payable on demand antl shall bear
<br />interest at Me Nate rate from Me date of Me expendture unit repaid. Expenses covered by this paragraph include, without limitation,
<br />however subject W any limits under applicable law, Lenders atromays' was and Lenders legal expenses, whether or not Were is a Iawsuft,
<br />including allomeys' fees and expenses for bankruptcy proceedings (Including efforts to motllry or vacate any automatic stay or injunction),
<br />appeals, and any anticipated post- judgment collection services, the cost of searching records, obtaining fills reports (including foreclosure
<br />reports), surveyors' reports, and appraisal fees, his insurance, and fees for the Trustee, to the extent per ni f ct by applicable law. Trustor
<br />also will pay any court costs, In addition to all other sums provided by law.
<br />Rights of Trustee. Trustee shall have all of Me rights and dudes of Lender as set form in MIS section.
<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 />Powers of Trustee. In additi0n to all powers Of Trustee arising as a matter of law, Trustee shall have Me power to fake the following actions
<br />with respect to the Property upon the written request of Lander and Trustor: (a) join in preparing and filing a map or plat of Me Real
<br />Property, including Me dedication of streets or other rights to the public; (b) pin in granting any easement or creating any restriction on Me
<br />Real Property; and (c) loin in any subordination or other agreement affecting Mis Deed of Trust or the interest of Lender under this Deed of
<br />Trust.
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