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<br />D��D OF TRUST 2 0 l 0 U 7 S 9 2
<br />(Continued) Page 4
<br />Payment Default. Trustor f�ils to m�ke any payment when due under the Indebtedness.
<br />8reak Other Promises. Trustor breaks tany prqmise made to Lender or fails to perform promptly t�t the time and strictly in the rn�nner
<br />prbvided in chis Deed oi Trust ar in any t�grcement related to this Deed of trust.
<br />Compliance Default. F�ailure ta comply with any other term, nbligation, covenant ar condition contained in this []ec;d of 7rust, the Note
<br />nr in any of tha Related bocuments.
<br />Defoult pn qthar Psyments. Failure of '7rustor within the time rf:quirad by khis Deed o( Trust to make tany p�ymont for taxes or
<br />insurance, or any other payment necess�ry Yo prev�nt filing of or to effect discharge oi �tny lien.
<br />False Statements. Any representation or statement mt�de or furnished to Lender by Trustor pr pn Trustor's beh�tlt under this Dec:d o(
<br />Trust or the Related Documents is faise or misleading in any materit�l re5pect, fither now or at the time made or furnished.
<br />Def�etive Collateralization. This Deed o( Trust or any of the Releted Dncuments cetases to be in full fnrce and e(fect (including failure
<br />of any coll�ater�al document ta create a valid and perfected seeuricy interost or lion) at any time and for any reason.
<br />Death or Insnivency. The det�Yh of Trustor, the insolvency nf Trustor, the appaintment of e receiver for any part of Trustor's property,
<br />any assignment for thq benefit of credit�rs, tany type pf creditor workout, or the commancement of any proceeding und�r any
<br />b�nkruptcy or insolvancy lews by or egainst Truslor.
<br />Taking of tha Prpperty. Any creditor or gouernmental agency tries ta take r�ny ot lhe Property or any other of Trustor's property in
<br />wltich l,ender h�as a lien. This includes taking of, garnishing nt or levying on TruStor's accounts with Lender. However, i( ?rustor
<br />disputes in good faith whether t.h� cl�im nn which the taking of the Property is based is valid br reason�ble, and if 7rustor gives
<br />Lender written nbtice bf the elt�im t�nd furnishe.s Lender with mbnies or a surety bond satisf�actory lo Lender to satisfy the claim, then
<br />this default K�rpvisiqn will not apply.
<br />Breach of Other Agresment. Any breach by Trust�r under the terms of any other agreement between Trustor �tnd Lender tht�t is not
<br />remedied within any grace perind providecl thnrein, ineluding without limitatipn �ny agreement concerning �ny indebtedness or bther
<br />�6ligation of 7rustar to Lender, wheth�r �xisting now or leter.
<br />Events Affecting Guarantor. Any of the preceding events occurs with respect to flny guarantor, endorser, surety, or accommodation
<br />party of any pf the Inde6tedness or any gu�arantpr, endorser, surety, or accommodation party dies or ber.omes incnmpetent, or
<br />revokes or disputes the validity nf, or lie�bility under, any Guaranty of Ihe Indebtedness.
<br />Insecurity. Lender in goad feith believes its�lf insecure.
<br />RIGHTS AND REMEDI�S ON f]EFAULT. I( �ari Event. �( Deiault occurs under this Deed ot Trust, ai any time thereafcer, Trustee or Lcnder
<br />mey exercise nny onc or more of the f��llnwin,y rights t�nd remedies:
<br />Accolaratian Upbn Default; Additional Remedies. I( �ny Event af �efault nccurs as per the terms of the Note se:cured hereby,
<br />Lender may declere all Indet�tedness securecl t�y this Deed of Trust tb be due t�nd payable and the same shflll thereupon become
<br />due arid payablo without eny preseniment, demt�nd, protest or notice of �ny kind. 7hereafter, Lender may:
<br />(a) Either in person or by agent, with or without bringing any action or proce�:ding, or by �t receiuer apppinted by a court and
<br />without regard to the �adequtacy af its security, enter upon and take possession of the Property, or any part thereof, in its
<br />own name or in the n�me of l"rustee, and do any acYS which it deems necessary or d�:sirable to preserve the vr�lue,
<br />marketability or rantability oi the Property, or psrt of the f'roperty or interest in the Property; increase the income from the
<br />Properry or protect the security of the Property; and, with or without lakinq possrssinn of the Property, suc for or otherwise
<br />collect th� rents, issues and pr�fifs oi the Property, including thosA pt�st due and unpaid, and ppply the same, less cosls and
<br />expenses of operation and collcction attnrneys' fees, lo �ny indebtedness secured by this beed ot Trust, all in such order as
<br />Lender may determine. The entering upbn and ttaking passession of the Prnperty, fhe collection of such rents, issues and
<br />prc>fiis, end the applicafion thereof shali not cure or w�aive any default or notice af defAUlt under this Deed of Trust or
<br />invelidate any act dnne in response to such deteult or pursuant ta such nntice of default; ond, notwithstanding the
<br />continuance in posseasion nf the Property or the oollection, receipt and applic�tion of rcnts, issues or prnfits, Trustee or
<br />Lender sh�ll be �ntitled to exercise every right providc:d fnr in the Note or the Rel�ted f]acuments nr by law upon thc
<br />or.currence o( any euent of detault, including the right to exercise the pnwer of sale;
<br />(b� Cnmmr.nce an action tc� toreclose this D¢>�d o( lrust �as a mortgage, appoint :a rGCOiver or specifically enforce any of the
<br />covenants hereof; and
<br />(c) Deliver to Trustee a written declar�tion oi defeult end demand for sfllp �nd a written notice of default and r.lection tn
<br />cause Trustbr's intc:rest in the Property to be sold, which nptico Trustee shall cause w be duly filed for record in thc
<br />appropriate offic�s of the County in which the Propc:rty is located; and
<br />(d) With respeck to all or any part of the Personal Prqperty, Lender shall have all Yhe righis and remedies bt a secured p�rty
<br />und�:r the Nebraska Uniform Commercial Codr..
<br />Fnreclosure by Pawar of Sale. If Lender eleets to foreclose by exercise of the Pnwer of Sale herein contained, Lender she�ll noli(y
<br />?rusteE: and shall doposit with Trustee this Deed o( 7rusk and the Note and such receipts and r.vidence of expenditures m�de nnd
<br />secured by this Deed of TrusY as Trustee may require.
<br />Ia) Upbn recaipt of 5uc;h nntir,e from Lender, Trustee shall cause lo be recarded, published and delivered t:o 7ru51or such
<br />Notiee of pefault and Nnkice of 5ale as then required by law and by this Deed af 7rusi. Trustee shall, without demand on
<br />Trustnr, a�iter such time as may then be rec�uired hy I�w ��nd after recbrdatinn ni such Nc>fice qf bofault and atter Notice o(
<br />Sale having V�een given as rE:quirec� by Irrw, sc:ll the Properiy at the time �nd pl<ae�� �f s�le fixed 6y it in such Nntice o1 S�I<�,
<br />either as �� whole, or in soparate lots or parcels or items a5 Trustee shall deem expedient, and in such order ps it may
<br />dztermine, flt Fwhlic auction to the highest bidder for c�asr� in I�wful money of the United States pay�blt± �t the time o( sele.
<br />Truster. shAll deliver to such purchaser or purr,h�sers thereoi its good and sufficient deed c�r doeds conveying the property so
<br />sold, but without any �ovenant pr werranty, express or implied. The recittals in such deed of any matters or facts sht�ll bo
<br />c:nnclusive prqq( of the truthfulness thereof. Any persnn, inr.luding without limitation Trustor, Trustee, pr L�ndor, may
<br />purchase at such sele.
<br />(b) As may be permitted by law, aft�r deducting all costs, fqes and expenses of Trustee �nd of lhis Trusi, including costs of
<br />evidence of title in connection with saln, ?rustee shall apply the proceeds of stale to payment of (il all sums expended under
<br />the terms of this Deed of Trust vr under the terms of the Note not then repaid, including but not limiced to accrued interest.
<br />and lata ch�rges, (ii) all other sums then secured hereby, and (iii) the remainder, if eny, to the persnn or persons legally
<br />entitled thereto.
<br />Icl trustee may in the manner provided by law ppstpqne salp o( al� or any portion of the Property,
<br />Remedies Not Exclusive. Trustee and Lender, �and e�ch of them, shall bq entitled io entbrce payment and performance of any
<br />indebtedness or obligations secured by this Deed o( Trust t�nd tq exercise all rights and powers under this Dra��d of rtrust, under the
<br />Note, under any of the Related Pocumenfs, pr under any other agreement or �tny laws now or hereofter in force; notwithstandin�,
<br />som� or �II of such indeblFdness a�nd obligations secured by this Oeed of Trusl may now or hereafter be otherwise secured, whether
<br />by mortgage, deed of trust, pledc�e, licn, assignrrient or otherwisF. Neither the �cceptance of this Deed nf Trust nqr its enfnrcr.ment,
<br />whether by court �action or pursuant tn the power o( sale or other powers cbntained in this Deed of Trust, shall prejudice or in �iny
<br />mt�nner t�itect ?rustee's or Lender's right to realize upon or entorce; �any c>ther security now or hereafter held by rrustee or Lerider, it
<br />being agreed that 7rusiee and Lender, and each of them, shall be entitl�;d to enforce this Deed nt Trust and �tny other securiry now or
<br />hereafter held by Lender or Trustee in sur.h qrder and manner as thcy or either bi them may in their absolute discretion determinc:. No
<br />remedy conterred upon or reservrd tp Trustee or Lender, is intended to be exclusive of any other remr_dy in this Ueed of Trust �r by
<br />law providecl or permitted, but each shall be cumulative and sh�.tll be in addiYion to <:v�;ry other remedy given in this [)eed c>f Trust qr
<br />now br hereatter existing at law or in equity or by statute. Every pqwer pr remedy given by the Note or any ot tho R�;Ia�ted Dqcumenfs
<br />to Trustee or Lender br tb which either of them may be oth�rwise entitied, may be exercised, concurrently or independently, from time
<br />to time �and �as often �as may be deE:m�;d sxp�;dient by Trustee or Lender, and either bi them may pursue inconsistent remedies.
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