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201006361
<br />DEED ~F TRUST
<br />(Continued) p~~~ ~
<br />Taking of the Property. Any creditor or governmental agency tries to take any of the Property or any other of Trustor's property in
<br />which Lender has a Lien. This includes taktng af, garnishing of or levying an Trustar's accounts with !.ender. However, if Trustor
<br />disputes in good faith whether the claim on which the taking of the Property is based is valid ar reasonable, and if Trustor gives
<br />Lender written notice of the claim and furnishes Lander with monies or a surety bond satlsfactary to Lander to satisfy the claim, then
<br />this default provision will not apply.
<br />E3reach of C3ther Agreamenk. Any breach by Trustor under the terms of any other agreement be#ween Trustor and Lender that Is not
<br />remedied within any grace period provided therein, Including without limitation any agreement cancerntng any indebtedness or other
<br />obligation of Trustor to Lender, whether existing now or facer.
<br />f~vents A#fecting Guarantor. Any of the preceding events occurs with respect #Q any guarantor, endorser, surety, or aaoammodatian
<br />party of any of the indebtedness or any guarantor, endorser, surety, ar accammodatian parry dies nr becomes incompetent, or
<br />revokes or disputes the validity of, or liability under, any Guaranty of the indebtedness,
<br />RIGHTS ANb REIVitADtES ON DEFAULT. If an Everri of Default occurs under this Deed of Trust, at any time thereafter, Trustee or Lender
<br />may exercise any one or more of the falkawing rights and remedies:
<br />Acceleration Upon 13efault; Additional Remedies. If any Event of Default occurs as per the terms of the Note secured hereby,
<br />Lender may declare all Indebtedness secured by this Deed of Trust to be duo and payable and the same shall thereupon become
<br />due and payable withaui any presentment, demand, pro#est ar nottoe of any kind. Thereafter, Lender may:
<br />(a) Erither in person or by agent, with ar without bringing any action ar proceeding, ar by a receiver appointed by a court and
<br />without regard to floe adequacy of its security, enter upon and take possession of the Property, or any part thereof, in its
<br />own name or in the name of Trustee, and do any acts which it deems nevessary or desirable to preserve the value,
<br />marketability or rentability of the Property, or part of the Property ar interest in the Property; Increase the income from the
<br />Property ar prateq# the security of the property; and, with or without taking possession of the Property, sue far or otherwise
<br />collect the r®nts, issues and pnotits of the Property, including those past due and unpaid, and apply the same, less costs and
<br />expenses of operation and collection attomQys' fees, to arty indebtedness secured by this peed of Trust, all in such order as
<br />Lender may determine_ The entering upon and taking possession of the Property, the collecction of such rents, issues and
<br />profits, and the application thereof shall not cure or waive any default or notice of default under this Deed of Trust or
<br />invalidate any act done in response to such default or pursuant to such native of default; and, nntwithstand"ing the
<br />continuance in possession of the Property or the vollection, receipt and application of rents, Issues ar profits, Trustee ar
<br />Lender shah be entitled to exercsse every right provided for in the Nate or the Rela#ed Documents or by law upon the
<br />occurrence of any event of default, including the right to axerase the power of sale;
<br />(b) Commence an action to foreclose this Deed of Trust as a mortgage, appain# a receiver or specifically enforce any of the
<br />covenants hereof; and
<br />{c) Deliver to Trustee a written declaration of default and demand far sale and a written notice of default and electicn to
<br />cause Truster's interest in the Property fo be sold, which notice Trustee shall cause to be duly filed far record in the
<br />appropriate oFfices of the County )n which the Property is located; and
<br />{d) With respect to ail or any part of the Personal Property, Lender shall have ail the rights and remedies of a secured party
<br />under the Nebraska Uniform Commercial Cod®.
<br />Fareclvsure by Power of Sale. If Lander elects to foreclose by exercise of the Power of Sale herein contained, Lender shall notify
<br />Trustee and shall deposit with Trustee this Deed of Trust and the Note and such receipts and evidence of expenditures made and
<br />secured by this Deed of Trust as Trustee may require.
<br />(a) Upon receipt of such notice #rom Lender, Trustee shall cause to be recorded, published and delivered to Trustor such
<br />Notice of Default and Notice of Sale as then required by law and by this Deed of Trust_ Trustee shall, without demand on
<br />Trustor, after such time as may then be required by law and after recordation of such Notice of Default and after Notice of
<br />Sale having been given as required by law, sail the Property at the time and place of sale fixed by it In such Nafice of Sale,
<br />either as a whale, or in separate lots ar parcels or Stems as Trustee shall deem expedient, and in such order as it may
<br />determine, at public auction tc the highest bidder far cash in lawful money of the United States payable at the time of sale.
<br />Trustee shall deliver to such purchaser nr purchasers #hereof Its good and sufTrclent deed ar deeds conveying the property so
<br />sold, but w$haut any covenant cr warranty, express ar implied. The recitals in such deed of any matters or facts shall ba
<br />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 taw, after deducting all casts, fees and expenses of Trustee and of this Trust, including casts of
<br />evidence of title in connection with sale, Trustee shall apply the prnaeeds of sale to payment of (I) all sums expended under
<br />the #erms of this Deed of Trust or under the terms of the Note not then repaid, including but not limited to accrued interest
<br />and fate charges, {il} all o#her sums then secured hereby, and (iii} the remainder, if any, to the person nr persons legally
<br />entitled thereto.
<br />(C) Trustee may in the manroer provided by law postpone sale of alt ar any portion of the Property.
<br />Remedies Not ~xelusive. Trustee and Lender, and Bach of them, shall be entitled to enforce payment and performance of any
<br />indebtedness or obligations secured by this Deed of Trust and to exercise all rights end powers under this Deed of Trust, under the
<br />Note, under any of the Related Documents, ar under any other agreement or any laws now or hereafter in farce; notwithstanding,
<br />same or all of such indebtedness and obligations secured by this bead of "Trust may now or hereafter be otherwise secured, whether
<br />by mortgage, deed of trust, pledge, lien, assignment ar otherwise. Neither the acceptance of this peed of Trust oar its enforcement,
<br />whether by court action or pursuant to the power of sale nr other powers contained in this Deed of Trust, shall prejudice or in any
<br />manner affect Trustee's or Lender's right to realize upon er enforce any other security now ar hereafter held by Trustee or tender, it
<br />being agreed that Trustee and Lender, and each of them, shall be en#Itl®d to en#arce this heed of Trust and any athar security now or
<br />hereafter held by Lender ar Trustee In such order and manner as they or either at them may in their absolute discretion determin®. No
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