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., Loan No: 87355 DEED OF TRUST (Continued) 200609333 Page 5 prOc....ding. in an amount d..t..rmined by Lender, in its sole discr..tion. as b..ing an adequate reserve or bond for th.. disput... Execution; Attachment. Any execution Or attachm..nt is levied against the Property. and such ..x..cubon or attachment is not s..t eside. discharged or stayed within thirty (30) days after the same is levied. Change In Zoning or Public Restriction. Any change in any zoning ordinance or regulabon or any other public restriction is enacted. adopted or implemented. that limits or defines the uses which may be made of the Property such that the present or intended use of th.. Prop..rty. as specified in the Related Documents. would be in violation of such zoning ordinance Or regulation or public restriction. as changed. Default Under other Uen Documents. A default occurs under any other mortgage. deed of trust or security agreement covering all or any portion of the Property. Judgment. Unless adequately covered by insurance in the opinion of Lender, the entry of a final judgm..nt for the payment of money involving more than ten thousand dollars ($10.000.00) against Borrower or Trustor and the failure by Borrow..r or Trustor to discharg.. the same. Or cause it to be discharged. or bonded off to Lender's satisfaction. within thirty (30) days from the date of the order. decr.... or process und..r which or pursuant to which such judgment was ..nter..d. Breach of Other Agreement. Any breach by Borrower or Trustor und..r th.. t..rms of any other agreement b..tw..en Borrower or Trustor and Lender that is not remedied within any grace period provided th..r..in. including without limitation any agreement concerning any indebtedness or other obligation of Borrower or Trustor to Lender. whether ..xisting now or later. Events Affecting Guarantor. Any of the preceding events Occurs with respect to any Guarantor. Or any other guarantor. endorser. surety. or accommodation party of any of the Indebtedn..ss or any Guarantor. or any other guarantor. endorser, surety. or accommodation party dies or becomes Incompetent. Or revok..s or disputes the validity of. Or liability under, any Guaranty of the Indebtedness. In the event of a death. L..nder. at its option, may. but shall not be required to, permit the Guaranto~s estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to L..nd..r. and. in doing so, cure any Event of D..fault. Adverse Change. A material adverse change OCCUrs in Borrower's or Trusto~s financial condition. or Lender believes the prospect of payment or performance of the Indebtedness is impaired. Insecurity. Lender in good faith believes itself insecure. Right to Cure. If any default. other than a default in payment is curable and if Trustor has not been given a notice of a breach of the same provision of this Deed of Trust within the preceding twelve (12) months. it may be cured if Trustor, after receiving written notice from Lender demanding cure of such default: (1) cures the default within twenty (20) days; or (2) if the cure requires more than twenty (20) days. Immediately initiates steps which Lender deems in Lende~s sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust. at any time thereafter. Trustee or Lender may exercise anyone or more of the following rights and remedies: Acceleration Upon Default; Additional Remedies. If any Event of Default occurs as per the terms of the Note secured hereby. Lender may declare all Indebtedness secured by this Deed of Trust to be due and payable and the same shall thereupon become due and payable without any presentment, demand. protest or notice of any kind. Thereafter. Lender may: (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 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 nama of Trustee, and do any acts which it deems necessary or desirable to preserve the value. marketability or rentability of the Property. or part of the Properly or interest in the Property: increase the income from the Property or protect the security of the Property; and. with or without taking possession of the Property. sue for or otherwise collect the rents. issues and profits of the Property. including those past due and unpaid. and apply the same. less costs and expenses of operation and collection attorneys' feas. to any indebtedness secuned by this Deed of Trust, all In such order as Lender may determine. The entering upon and taking possession of the Property. the collection 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 or Invalidate any act done in response to such default or pursuant to such notice of default: and, notwithstanding the continuance in possession of the Property or the collection. receipt and application of rents. issues or profits. Trustee or Lender shall be entitled to 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 right to exercise the power of sale; (b) Commence an action to foreclose this Deed of Trust as a mortgage. appoint a receiver or specifically enforce any of the covenants hereof: and (c) Deliver to Trustee a written declaration of default and demand for sale and a written notice of default and election to cause Trusto~s 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 which the Property is located: and (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 Nebraska Uniform Commercial Code. Foreclosure by Power of Sale. If Lender elects to foreclose by exercise of the Power of Sale herein contained. Lender shall notify Trustee and 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 Trust as Trustee may require. (a) Upon receipt of such notice from Lender, Trustee shall cause to be recorded, published and dellvened to Trustor such Notice of Default 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 then be requined by law and after recordation of such Notice of Defaull and after Notice of Sale having been given as raquined by law. sell the Property at the time and place of sale fixed by it in such Notice of Sale. either as a whole, or In separate lots Or parcels or items as 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 the United States payable at the time of sale. Trustee shall deliver to such purchaser or purchasers thereof Its good and sufficient deed or deeds conveying the property so sold. but without any covenant or warranty, express or Implied. The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person. including without limitation Trustor. Trustee. Or Lender. may purchase at such sale. (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 title in connection with sale, Trustee shall apply the proceeds of sale to payment of (i) all sums expended under the terms of this Deed of Trust or under the terms of the Note not then repaid. including but not limited to accrued interest and late charges. (II) all other sums then secured hereby, and (iii) the remainder. if any. to the person or persons legally entitled thereto. (c) Trustee may in the manner provided by law postpone sale of all or any portion of the Property. Remedies Not Exclusive. Trustee and Lender. and ..ach of them, shall be entitled to enforce paym..nt and performance of any indebtedness or obligations secured by this Deed of Trust and to exercise all rights and powers under this Deed of Trust. under the Not... under any of the Related Documents. or under any other agreement or any laws now or hereafter in force; notwithstanding. some or all of such ind..btedness and obligations secured by this Deed of Trust may now or hereafter be otherwise s..cured. whether by mortgage. deed of trust. pledge. lien. assignment or otherwise. Neither the accaptance of this Deed of Trust nor its enforcement. whether by court action or pursuant to the power of sale or other powers contained in this Deed of Trust, shall prejudice Or in any mann..r affect Trustee's or Lender's right to realize upon or enforce any oth..r security now or hereafter held by Trust..e or Lender, it being agreed that Trustee and Lender. and each of them, shall be entitled to ..nforc.. this Dead of Trust and any other s..curity now or hereafter held by Lender or Trustee in such order and manner as they or either of them may In their absolut.. discrebon determine. No remedy conferred upon or reserved to Trustee or Lender. Is int..nded to be exclusive of any other remedy in this Deed of Trust or by