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�EED OF TRUST 2 p 10 0'� 6 2 G Page 6 <br />Loan No: 34U8320'1�44 (Continued) <br />concerning any indebtedness or other obligation of Borrower or 7rustor to Lender, whether existing now or later. <br />Evants Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation <br />party of any nf the Indebtedness nr any guarantor, andorser, surety, or accommodation party dies or becomes incompetent, or <br />revokes or disputes the validity of, or liability under, any Guaranty of the Inde6tedness. <br />Adverse Change. A material adverse change occurs in Borrower's or Trustor's financial condition, or Lender believes the prospect of <br />payment or performance of the Indebtedness is impaired. <br />Insecurity. Lender in good faith l�elieves itself insecure. <br />RIGHTS AND REMEDIES DN pEFAULT. If an Event of Default occurs under this Dsed of Trust, at any time thereafter, Trustee or Lender <br />may ex9rci8g 8ny on9 or more of the fallowing rights and remgdies: <br />Acceleration Upon Default; 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 due and payable and the same shall thereupon become <br />due and payable without any presentment, demand, prptest or notice of any kind. Thereafter, Lender may: <br />(a) Either in perspn qr by agent, with or without bringing any actian qr prpceeding, or by a receiver appointed by a court and <br />without regard to the adequacy of its security, enter upon and take possession of the Property, or any part theraof, in its <br />own name or in the name of Trustee, and do any acts which it deems necessary or desirable to preserve the value, <br />marketability or rentability of the Property, or part ot the Property or interest in the Prpperty; increase the income from the <br />Property or protect the security of the Property; and, with or without taking possession of the Property, sue for or otherwise <br />collect the rents, issues and profits of the Property, including thnse past due and unpaid, and apply the same, less costs and <br />expenses of operation and collection attorneys' fees, tp any indebtedness secured by this Deed of Trust, all in such order a5 <br />Lender may determine. The entering upon and taking possession of the Property, the collection of such rents, issues and <br />profits, and the application thereof shall not cure or waive any detault or notice of default under this Deed af Trust or <br />invalidate any act done in response to such default or pursuant to such notice of default; and, notwithstanding the <br />continuance in possession of the Property or the collection, receipt and application of rents, issues or prpfits, Trustee or <br />Lender shall be entitled to exercise every right provided for in the Note or the Related Oncuments ar by law upon the <br />occurrence of any event of default, including the right to exercise the power of sele; <br />(b) Commence an action to foreclose this �eed of Trust as a mortgage, appoint a receiver or specifically enfprce any of the <br />covenants hereof;and <br />(c) Deliver to Trustee a written declaration of default and demand for sale and a writtan notice of default and election to <br />cause 7rustor's interBSt in tha Praperty to be sold, which notice Trustee shall cause to be duly filed for record in the <br />apprppriate offices of the Cpunty in which ihe Property is located; and <br />(d) With respect to all ar any part of the Personal Praperty, Lender shall have all the rights and remedies of a secured party <br />under the Neb�aska Unifarm Cammercial Cads. <br />Forecloaure by Pawer af Sale. If I�ender elects ta fpreclose by exercise of the Power of Sale herein contained, Lender shall notify <br />Trustee and shall deposit with 7rustee this Deed of Trust and the Note and such receipts and evidence of expenditures made and <br />secured by this bead of Trust as Trustee may require. <br />(a1 Upon receipt of such notice from Lender, Trustee shall cause to be recarded, published and delivered to Trustor such <br />Notice of pefault and Notice of Sale as then required by law and �y 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 af <br />Sale having been given as required by lew, sell the Property at the time and place of sale fixed by it in such Nntice of Sale, <br />either as a whole, or in separate lots or parcels or items as Trustee shall deem expedient, and in such order as it may <br />determine, at public auction to the highest bidder for cash in lawful money of the United Stetes paya6le at the time of sale. <br />7rustee shall deliver to such purchaser or purchasers thereof its gaod and sufficient deed or deeds conveying the property so <br />sold, but without any cavenant or warranty, express or 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 />(6) As may be permitted 6y law, after deducting all costs, fees and expenses of Trustee and of this Trust, including costs of <br />evidence of title in connection with sale, Trustee shall apply the proceeds of sale to payment pf (i) all sums expended under <br />the terms of this Peed of Trust or under the terms of the Note not then repaid, including but not limited to accrued interest <br />and late charges, (ii) all other sums then secured hereby, and (iii) the remainder, if any, to the person or persons legally <br />entitled thereto. <br />Icl Trustee may in the manner provided by law postpone sale of all or any partion of the Property. <br />Remedies Not Exclusive. Trustee and l.ender, and each of them, shall pe entitled to enforce payment and performance af any <br />indebtedness or obligations secured by this Deed of Trust and to exercise all rights and powers under this Deed of Trust, undar the <br />Nqte, under any of the Related Dacuments, or under any bther agreement or any laws now or hereafter in force; nbtwithstanding, <br />some ar all of such indebtedness and pbligations secured by this Deed of Trust may now or hereafter be otherwise secured, whether <br />by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Qeed of Trust nor its enforcement, <br />whether by court action or pursuant to the power of sale ar other powers contained in this Deed of Trust, shall prejudice or in any <br />manner affect 7rustee's or Lender's right ta raalize upon or enfnrce any other security now or hereafter held by Trustee or Lender, it <br />being agreed that Trustea and Lender, and each of them, shall be enti[led to enforce this Deed of Trust and any other security now or <br />heraafter held by Lender ar Trustee in such order and manner as they or either of thsm may in [heir absolute discretian determine. No <br />remedy conferred upon or reserved to Trustee or Lender, is intendad to be exclusive of any other remedy in this Deed of Trust or by <br />law provided or permitted, but each shall be cumutativs and shall be in addition [o every other remedy given in this Deed of 7rust or <br />now or hereafter existing at law or in equity ar by statute. Every power or remedy given by the Note or any of the Related Documents <br />to 7rustee or Lender or #o which either of them may be otherwise entitled, may be exercised, concurrently or independently, from time <br />