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� ,• DEE� OF TRUST 2 010 4 9 U 3 3
<br />,.. ,�l�,��t� # �r,;
<br />(Cantinued) �age 4
<br />providad in this Deed of Trust or in any agreement related to this Deed of Trust.
<br />Compliance Pefault. Failure to comply wi#h any other term, o6ligation, covenent or condition cbntained in this Deed of Trust, the Note
<br />or in any of the Related Documents.
<br />Default an Other Payments. Failure of Trustor within the time required by this Deed of 7rust to make any payment fbr taxes or
<br />insurance, or any other payment necessary to preven[ filing of or To effect discharge of any lien.
<br />False 5tatemants. Any representation or statement made ar furnished to Lander by Trustor ar on Trustar's behalf under this Deed af
<br />Trust or the Related Documents is false or mislesding in any material respect, either now or at the time made nr furnished.
<br />Defective Collateralization. This Deed of Trust or any of the Related Documents ceases to 6e in full fbrce and effect (including failure
<br />of any collateral document to create a valid and perfected security interest or lien) at any time and for any reason.
<br />Death or Insnlvency. 7he death of Trus[or, the insolvency of Trustor, the appointment of a receiver for any part of Trustor's property,
<br />any assignment tnr the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any
<br />bankruptcy or insolvency laws by ar against Trustor.
<br />7aking of the Property. Any crediior or gpvernmental agency tries to take any of the Property or any other of Trustor's property in
<br />which Lender has a lien. This includes taking of, garnishing of or levying on Trustar's accounts with Lender. Hpwever, if Trustor
<br />disputes in good faith whether the claim on which the taking of the Property is based is valid or reasonable, and if Trustor gives
<br />Lander written n�tice of the claim and furnishes Lender with monies or a surety bond satisfactary ta Lender to satisfy the claim, then
<br />this default provision will not apply..
<br />Breach of Other Agreement. Any breach by Trustor under the terms pf any pther agreement between Trustor and LBndar that is npt
<br />remedied within any grace period provided therein, including without limitation any agreement concerning any indebtedness or o#her
<br />obligation of Trustor to Lender, whether existing now or later.
<br />Events Affecting Guarantor. Any of the pracading events occurs with respect to any guarantor, endorser, surety, or accommodation
<br />party of any of the indebtadness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or
<br />revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness.
<br />Insecurity. Lender in good faith believes itself insecure.
<br />Right to Cure. If any defaul[, other than a default in payment is curable and if 1"rustor has not been given a notice of a breach of the
<br />same provision of this Deed of Trust within the preceding twelve (72) months, it may be cured if Trustor, after Lender sends written
<br />notice to Trustor demanding cure of such default: (1) cures the default within twenty (20� days; or (2) if the cure requires more
<br />than twenty (20) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default
<br />and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance ss soon as reasonably
<br />prectical.
<br />RIGHTS AND REMEDIES ON DEFAUL7'. If an Event of Default occurs under this Deed of Trusi, at any time thereafter, Trustee or Lender
<br />may exercise any one or more of the following rights and remedies:
<br />Acceleration Upon Default; Additional Remedies. If any Event of Default occurs as per tha terms pf the Note secured here6y,
<br />Lender may declare all Indebtedness secured by this Daed of Trust to be due and payable and the same shall thereupon 6ecnme
<br />due and payable without any presentment, demand, protest or notice of any kind. Thereafter, Lender may:
<br />(a) Either in person or by agent, wi[h or without bringing any action or proceeding, or by a receiver appointed by a court and
<br />without regard to the adequacy of its security, enter upon and take possessian of the Property, pr any pert thereaf, 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 of the Property or interest in the Property; increase the income from the
<br />Property or protect the security of the Property; and, with or wi[hout taking possession of the Property, sue tor or otherwise
<br />collect the rents, issuss entl profits nf the R�opert+/; ir�clud'+ng-those past due and e�npaid, a�ci apply the seme, less eosts and
<br />expenses of operation and collection attorneys' fees, to any indebtedness secured by this deed of Trus[, all in such order as
<br />Lender may determine. 7he entering upon and taking possession of the Property, the collectian af such rents, issues and
<br />profits, and the application thereof shall no[ cure or waive any default or notice of default under this Deed of 7rust 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 ar prafits, Trustae vr
<br />Lender shall be entitled to exercise every right provided for in the Note or the Related Documents or by law upon the
<br />occurrence of any event of default, including the right to exercise the power of sale;
<br />�b) Commence an action ta foreclose this Deed of Trust as a mortgage, appoin[ a receiver or specifically enforce any of the
<br />covenants hereof; and
<br />Ic) Deliver to Trustee a written declaration of default and demand for sale and a written notice of default and election to
<br />cause Trustor's interest in the Property to be sold, which notice Trustee shall cause to be duly filed for record in the
<br />appropriate affices of [he County in which the Property is located; and
<br />(d) With respect to all or any part of the Personal Property, Lender shell have all the rights and remedies of a secured party
<br />under the Ne6raska Uniform Commercial Gode.
<br />Foreclosure by Pawer of Sale. If Lander elects to foreclose by exercise of the Power of Sale herein conteined, 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 from Lender, Trustee shall cause to be recorded, published and delivered to Trustor such
<br />Notice of Default and Notice nf Sale as then required by law and by this peed of Trust. Trustea shall, without demand on
<br />Trustor, after such time as may then be required by taw and after recordation of such Notice of Default and after Notice of
<br />Sale having been given as required by law, sell the Property at the time and place of sale fixed 6y it in such Notice of Sale,
<br />either as a whole, or in separate lots or parcels or items as Trustee shell 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 States payable at the time of sale.
<br />Trustee shall deliver to such purchaser nr purchasers thereof i[s good and sufficient deed or deeds conveying the property so
<br />sold, 6ut without any covenant or warranty, express or implied. The recitals in such deed of any matters or facts shall be
<br />conclusive proof of [he truthfulness thereof. Any person, including withou[ limitation Trustor, Trustee, or Lender, may
<br />purchase at such sale.
<br />(b) As may be permitted by law, after deducting all costs, fees and expenses of Trustee and of this Trust, including casts af
<br />evidence af title in connection with sale, Trustaa shall apply #he prnceeds of sale to payment of (i) all sums expended under
<br />the terms of this Deed of Trust or under the terms of the Note not then repaid, including but not limi[ed 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 />(c) Trustee may in the manner provided by law postpone sale of all or any por[ion ot the Property.
<br />Rsmedies Not Exclusive. Trustee and Lender, and each of them, shall be entitled to enforce payment and performance of any
<br />indebtedness or obligaiions secured by this deed of Trust and to exercise all rights and powers under this Deed of Trust, under the
<br />Note, under any of the Related Dpcuments, or under any other agreement or any laws now or hereafter in fprce; nptwithstanding,
<br />some or all of such indebtedness and obligations secured by this Deed of Trust may now ar heresfter be otherwise secured, whether
<br />by mortgage, deed of trust, pledge, lien, assignment or otherwise. Naither the acceptance of this deed of Trust nor its enforcement,
<br />whether by caurt ac#ion or pursuant to the power of sale or other powers contained in this beed of Trust, shall prejudice or in any
<br />manner aff�ct 7'rustee's or Lender's right to realize upon or enfarce any other security now or hereafter held by Trustee or Lender, it
<br />being agreed that Trustee and Lender, and each of them, shall be entitled to enforce this Deed of Trust and any other sacurity now or
<br />hereafter held by Lender or 7rustee in such order and manner as they ar aither of them may in their ahsolute discretion determine. No
<br />remedy conferred upon or reserved to Trustee or Lender, is intended to be exclusive of any other remedy in this Deed of Trust or by
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