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DE�D OF TRUST 2 Q 1� Q"7 6 9''�
<br />� (Continued) Page 4
<br />Death or Insolvency. ?he death of Trustor, the insolvency of Trustor, the appointment of e receiver for any part of Trustor's proper#y,
<br />any assignment for the benefit af creditors, eny type of creditor workout, or the commencement of any procssding under any
<br />bankruptcy or insolvency laws by or against Trustor.
<br />Credi#ar pr Forfeiture Prdceedinga. Commencement of foreclosure or forfeiture proceedings, whether by judiciel proceeding, self-help,
<br />repossession or eny other method, by any creditor of Trustor or by any gpvernmental agency against any property securing the
<br />Indebtedness. This includes a garnishment of any nf Trustor's accounts, including deposit accounts, with Lender. However, this
<br />Event nf Defeult shell not apply if there is a good faith dispute by Trustor as to the velidity ar reesonebleness of the claim which is the
<br />basis of the creditor or forfeiture proceeding and if Trustor gives Lsnder written notice of the creditor or forfeiture proceeding and
<br />deposits with Lender moniea or a surety band for #he creditor or forfeiture proceeding, in an amownt determined by Lender, in its sole
<br />discretion, as being an adequate reserve ar bond for the dispute. "
<br />Breach of Other Agreement. Any breach by Trustor under the terms of any other egreement k�etween Trustar and Lender that is nat
<br />remedied within any grece period provided therein, including without limitatian any agreement concerning any indebtedness or othar
<br />obligation of Trustor to Lender, whether existing nnw ar later.
<br />Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommpdation
<br />party of any of the Indebtedness or �ny guerantor, endorser, surety, or accommodation perty dies or becomes incampetent, or
<br />revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness.
<br />Adverse Change. A meterial advsrse change occurs in "Crustor's financial condition, pr Lender believes the prospect of payment vr
<br />performance af ths Indebtedness is impaired.
<br />Insecurity. Lender in good feith believes itself insecure.
<br />RIGWTS AND FtEMEDIES ON pEFAULT. If an Event of Default occurs under this Deed of Trust, at any time thereafter, Trustee or Lender
<br />may exercise any one or more of the following rights and remedies:
<br />Acceleration Upon Default; Additionnl 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 psyable and the same shall thereupon become
<br />due and payable without eny presentment, demand, protest or notice of eny kind. Thereafter, Lender may:
<br />(a) Either in person or by agent, with or without bringing any action or prpceeding, or by a receiver appointed by e court and
<br />withnut regard to the adequacy of its security, enter upon and take possession of the Property, or eny part thereof, in its
<br />own name or in the name of 7rustee, end do any acts which it deems necessary or desirable to preserve the valus,
<br />marketa6ility or rentability of the Property, or part of the Property or interast in the Property; increase the incame 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, iasues and profits of the Property, including thpsa past due and unpaid, and apply #he same, less costs and
<br />expenses of ppsration and collection attorneys' fees, to any indebtedness secured by this Deed of Trust, all in such order as
<br />Lender msy determine. The entering upon and taking possession of the Property, the collection of such rents, issues end
<br />profits, and the application therenf shell not cure or waive any default 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 nf the Property or the collection, receipt end application of rents, issues ar profits, Trustee or
<br />Lender shall be entitled to exercise every right provided fqr in the Note or the �ielated Dpcuments or by law upon the
<br />accurrence of sny event of default, including tha right to exercise the power of sele;
<br />(b) Cnmmence an action to foreclose this Deed af Trust as a mortgage, appoint a receivar or specifically enforce any nf the
<br />covenants hereof;and
<br />(c) Deliver to Trustee a written dacleration of default and demand tor aele and a written notice of default end election ,tp
<br />cause Trustor's intersst in the Property to be sold, which nptice Trustee shall cause to be duly filed for record in, ttje
<br />appropriate offices of the County in which the Proparty is located; and
<br />(d) With respect to all pr any pert of the Personal Property, Lender shall have all the rights and remedies of e secured party
<br />under the Nebraske Unifprm Commercial Code.
<br />Foreclosure by Power of Sale. ff Lender elects to foreclose by exercise of ths Pnwer of Sale herein contained, �ender shell notify
<br />Trustee and shall deposit with Trustee this Deed af 7rust and the Note end such receipts and evidence of expenditures made a�d
<br />secured by thia Deed af Trust as Trustee may require. ,,
<br />(a) Upon receipt of such notice frpm Lender, Trustee shall cause to be recorded, published and delivered to Trustor sue'h
<br />Notice of Default and Notice af Sale as then required by law and by this Deed of Trust. Trustee shall, without demend bM
<br />Trustor, after such time as may then be required by law and efter recordation of such Notice of pefault and after Notice'of
<br />Saie having bean given as required by law, sell the Propsrty at the time and place of sale fixed by it in such Natice of Sale;
<br />either as a whole, or in separate lots ar percels or items as Trustee shall deem expedient, and in such order as it mey
<br />determine, at public auction tn the highest 6idder for cash in lawful money of the United 5tates payable at the time of sale.
<br />7rustee shall deliver ta such purchaser or purchasers thereof its good and sufficient deed or deeds conveying the property �o
<br />sold, but withput any covenant or warranty, express or implied. The recitals in such deed of eny matters or facts shall be
<br />panclusive prnof of the truthfulness thereof. Any person, including without limitation Trustar, Trustee, or Lender, may
<br />purchase at such sale.
<br />(6) 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 with sela, Trustee shall apply the proceeds of sale tn payment of (i) all sums expended under
<br />the terms of this �eed nf Trust or under the terms of the Note not then repeid, including 6ut nat limited to accrwed interest
<br />end late chsrges, (ii) all other sums then secured hereby, and (iii) the remainder, if any, to the person ar parsons legally
<br />entitled thereto.
<br />�c) Trustee may in the manner provided by Isw postpone sale of all or any portion of the Property.
<br />Remedies Not Exclusive. Trustee and Lender, and sech of them, shall be entitled to enforce peyment and performance of any
<br />indebtedness or obligations secured by this Deed of Trust and to exercise all rights and pawers under this �eed of 7rust, under the
<br />Note, under any of the Related Dacuments, or under any other agreement or any laws now or hereafter in force; notwithstending,
<br />snme or all nf such indebtedness and obligations secured by this Dead of Trust may now or hereafter be otherwise secured, whether
<br />by mortgage, deed of trust, pledge, lien, essignment or otherwise. Neither the acceptance af this �eed af Trust nor its enforcement,
<br />whether by court action pr purauant to the power of sale or other powers cantainad in this Deed of 1'rust, shall prejudice or in any
<br />msnnsr sffect Trustee's or Lender's right to realize upon or enfqrce eny other security now or hereafter held by Trwstee ar Lander, it
<br />being agreed that Trustee and Lender, and each pf them, shall be entitled to enforce this C7eed of Trust snd eny other security now or
<br />hereafter held by Lender or 7rustee in such order and manner as they or either of them may in their absalute discretion determine. No
<br />remedy canferred upnn or reserved to Trustee or Lender, is intended to be exclusive ot any other remedy in this beed of Trust or by
<br />law provided or permitted, but each shall be cumulative and shall be in additipn to every other remedy given in this Deed of Trust or
<br />now or hereafter existing at (aw or in equity nr by stetute. Every power or remedy given by the Note or any af the Related Documents
<br />to 7rustee or Lender or to which either of them may be otherwise entitled, may be exercised, concurrently or independently, from time
<br />to time and as often ss may be deemed expedient by 7rustee or Lender, and either nf them mey pursue inconsistent remedies.
<br />Nothing in this Deed of Trust shall be construed as prohibiting Lander frnm seeking a deficiency judgment against the Trwstor to the
<br />extent such action is permitted by law. Election by Lender to pursue any remedy shall not exclude pursuit af any pther remedy, and
<br />an election tn make expenditures or to take action to perform an obligation of Trustor under this Deed of Trust, after Trustor's failure
<br />to perform, shall not affect Lender's right to declare a default and exercise its remedias.
<br />Request for Nntice. Trustor, on behalf of Trustor and Lender, hereby requests thet a copy of any Notice of Default and a copy of eny
<br />Notice of Sale under this Deed of Trust be mailed to them at the addreases set fprth in the first paragraph of this Deed of Trust.
<br />Attorneys' Fees; Expenses. If Lender institutes any suit nr actian to enforce any af the terms of this Deed of Trust, Lender shall be
<br />entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any
<br />court action is involved, and to the extent not prohibited by law, all reasoneble expenses Lender incurs that in Lender's opininn ere
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