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C� <br />w � ; �? ��ek ` , <br />. o. � ., . . <br />DEED OF TRUST <br />(Continued) <br />bankruptcy or insolvency laws by or against Trustor, <br />� <br />��.i��,�7��j� Page4 <br />Taking of the Property. Any creditor or gavernmental agency tries to take any pf 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 Trustor's accounts with Lender. However, 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 />Lender written notice of the claim and furnishes Lender with monies or a surety bond satisfactory to Lender to satisfy the claim, then <br />this default provision will not apply. <br />8reach of Other Agreement. Any breach by Trustor under the terms of any other agreement between Trustor and Lender that is not <br />remedied within any grace period provided therein, including without limitation any agreement concerning any indebtedness or other <br />obligation of Trustor to Lender, whether existing now or later. <br />Events Affecting Guarantor, Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation <br />party of any pf the Indebtedness or any guarantor, endorser, surety, or accommodation party dies or 6ecomes incompetent, or <br />revokes or disputes the validity af, or liability under, any Guaranty of the Indebtedness. <br />Insecurity. Lender in good faith believe& itself insecure. <br />RIGHTS AND REMEDIES ON �EFAULT. If an Event of Default occurs under this �eed of Trust, at any time thereafter, Trustee or Lender <br />may exercise any one or more of the following rightg and remedies: <br />Accaleration Upon Default; Addltlonal Remedles. 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 thereuppn become <br />due and payabie withput any presentment, demand, protest or notice of any kind. Thereafter, Lender may: <br />(�) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court and <br />without regard to the adequacy af its security, enter upon and take possession of the Property, or any part thereof, in its <br />own name or in the name pf Trustee, and do any acts which it deems necessary or desirabla ta preserve the value, <br />marketability or rentability of the Prpperty, pr part of the Property or interest in the Property; increase the income frpm the <br />Property or protect the security of the Property; and, with or without taking possession of the Property, sue for pr otherwise <br />collect the rents, issues and proflts of the PropeRy, including those past due and unpaid, and apply the same, less costs and <br />expenses of operation and collectlon attorneys' fees, to any indebtedness secured by this Deed of 7rust, all in such order as <br />Lender may determine, The entering upon and taking possession nf the PropeRy, the collection 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 notice of default; and, notwithstanding the <br />continuance in possession of the Property or the collection, receipt and application of rents, issues or profits, Trustee or <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 to foreclose this Deed of Trust as a moRgage, appoint a receiver or specifically enforce any of the <br />covenants hereof; and <br />(c) Deliver to Trustee a written declaration of default and demand fpr 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 o�ces of the County in which the Property is located; and <br />(d) With resped to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party <br />under the Nebraska Unifprm Commercial Cqde. <br />Foreclosure hy Power of Sale. If Lender elects to foreclose by exercise of the Power of Sale herein cpntained, Lender shall notify <br />7rustee and shall deposit with Trustes this Deed of Trust and the Note and such receipts and evidence of expenditures made and <br />secured by this peed of Trust as Trustee may require. _.. <br />(a) Upon receipt af such notice from Lender, Trustee shall casase to be recorded, published and delivered to Trustor such <br />Notice of befault and Notice of Sale as then required by law and by this Deed of Trust. Trustee shall, without demand on <br />7rustor, after such time as may then be required by law and after recardation pf 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 by it in such Notice 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 mpney of the United States payable at the time of sale. <br />Trustee shall deliver to such purchaser or purchasers thereof its good and su�cient deed or deeds conveying the property so <br />sold, but without any wvenant or warranty, express or implied. The recitals in such deed of any matters or facts shall be <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 law, after deducting all casts, 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 of (i) all sums expended under <br />the terms of this Deed ot Trust or under the terms of the Note not then repaid, including but not limited to accru�d 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 portion of the Property. <br />Remedies Not Excluslva. Trustee and Lender, and eaah of them, shall be entitled to enforce payment and performance of any <br />indebtedness or obligations secured by this Deed af Trust and ta exercise all rights and powers under this Deed of 7rust, under the <br />Note, under any of the Related Documents, or under any other agreement or any laws now or hereafter in force; notwithstanding, <br />some or all of such indebtedness and obligatfons secured by this Dead of Trust may now or hereafter be otherwise s�cured, whether <br />by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither ths acceptance of this Deed of Trust nor its enforcement, <br />whether by court action or pursuant to the power of sale or pther powers contained in this Deed of 7rust, shall prejudice or in any <br />manner affect Trustee's or Lender's right to realize upon or enforce any other security now or hereafter held by Trustee or Lender, it <br />6eing agreed that Trustee and Lender, and each of them, shall be entitled to enforce this Deed of Trust and any other security now or <br />hereafter held by Lender or Trustee in such order and manner as they or either of them may in their absolute 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 <br />law p►ovided or permitted, but each shalF 6e cumulative and shaR be in additian ta every other rerriedy given irr this Deed of Trust or <br />now or hereafter existing at law or in equity or by statute. Every power or remedy given by the Note or any of the Related Documents <br />to Trustee or Lender or to which either of them may be otherwise entitled, may 6e exercised, concurrently or independently, frpm time <br />to time and as often as may be deemed expedient by Trustee or Lender, and either of them may pursue inconsistent remedies. <br />Nothing in this Deed of Trust shall be construed as prohibiting Lender from seeking a deficiency judgment against the Trustor to the <br />extent such action is permitted by law. <br />Elactlon of Remedles. All of Lender's rights and remedies will be cumulative and may be exercised alone or together. If Lender <br />decides to spend money or to pertarm any pf l"rustor's obligations under this Deed of Trust, after Trustor's failure to do so, that <br />decision by Lender will not affect Lender's right to declare Trustor in default and to exercise Lender's remedles. <br />Request for Notice. Trustor, on behalf of Trustor and Lender, hereby requests that a copy of any Notice of Default and a copy of any <br />Notice of Sale under this Deed of Trust be mailed to them at the addresses set forth in the first paragraph of this Deed of Trust. <br />Attorneys' Fess; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Deed of 7rust, Lender shall be <br />entitled to recover such sum as the court may adjudge reasonable as attarneys' fees at trial and upon any appeal. Whether pr not any <br />court action is invplved, and to the extent not prohibited by law, all reasonable expsnses Lender incurs that in Lender's opinion are <br />necessary at any time for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable <br />on demand and shall bear interest at the Npte rete from the date of the expenditure until repaid. Expenses covered by this paragraph <br />include, without limitation, however subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, <br />whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modity or <br />vacate any automat(c stay or injunction), appeals, and any anticipated post-judgment collection services, the cost of searching <br />