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201100113
<br />DEEU OF TRUST
<br />Lqan No 81010� (Gantinued)
<br />Paga �
<br />shall reimburse Lender.for all casts and expenses incurred in cannection with the matters referred to in this paragraph.
<br />Attomay-in-Fact. If Trustor fails to do any of the things referred to in tha preceding paragraph, Lender may do ao for and in the name
<br />of Trustor and et Trustor's expense. For such purposes, 1"rustor hereby irrevocahly appoints Lender as Trustor's attorney-in-fact for
<br />the purposa of making, executing, delivaring, filing, recording, and doing all other things as may be necessary pr desiratile, in Lender's
<br />sole opinion, to accomplish the matters refe�red to in thepreceding peragraph.
<br />FULL P�RFDRMANCE. If Dorrower and Truator pay all the Indebtedness, including without llmitation all future sdvancea, when due, and
<br />Trustor otherwise performs all the obligations impoaed upan Trustar undar this D�ed of Trust, Lender shall execute and deNver ta Trustee a
<br />request for tull reconvsyance and shalf execute and detiver to "frustor suitable statements of terminatipn of any flnanctng statement on file
<br />evidsncing Lender's aecurity interest in �the Rents and the Personal Property. Any reconveyance fee -required by law shall be paid by
<br />Trustor, if permitted by epplicable law.
<br />EVENTS OP f�EFAULT. Each of the follow�ng, at Lander's optivn, shell constitute an Event of default under thia Deed of Trust:
<br />Payment Dafeult. Boirower fails to make any payment whan due uruler the lndebtedness.
<br />Othar befaults. eorrower ar Trustor faiis to aompiy with or tn perform eny other term, ohligation, covenant or condition contained in
<br />this Deed of Trust or in eny of tha Related Pocumenta or ta comply with or to perform any term, obligation, covenant or condition
<br />contained in any other' agreement between Lender �nd Borrower or Trustnr,
<br />Complisnca Defauit. Fallure to comply with any other term, obligation, oovenant or condition cont�ined in this Deed of Trust, the Note
<br />or.in �ny o�the Related Documents.
<br />Default on Other Psymenta. Failure af Truator within the time required by this Deed of Trus� to make any payment tor taxes or
<br />insurance, ar any other payment necessary to prevent filing of or to effect discharge of any lien.
<br />Pefauit in Favor of Third Parties. • Should Borrower or any Grantor default under any Ipan, extensipn of credit, security agraement,
<br />purchase ar sales agraement, or .any o#her agreement, in favor of any other creditor or person that may meterially affeet any of
<br />� Borrower's or any Grantor's property ar enrrawer's ability tv rapay the Indeqtedness or Borrvwer's or Grantor's ability to perform #heir
<br />respective obligations under this Dead of Trust or any of the Rel�ted Documents.
<br />�, False Statements. Any warranty, repreaentatlon or statement mada or furniahed to Lendar py Borrower or Trustor or on Borrower's or
<br />Trustor's behalf under this pead of Trust or the Related pocuments is false or misleading in any meterlal respect, either now or at the
<br />time made or furnished or becomes false or misleading at any time thereaftar.
<br />Detaative Collataralixatipn. This Deed �f Truet or eny of the Related Documants ceases to be in full force and eftect (including fellura
<br />of any callateral documant to e valid and perfacted security interest or Ifen) at any tima and for any reason.
<br />' Death or Insolvancy. The death of Borrower or Trustor, The insolvency of Borrower or 7rustar, the appointment of a receiver for eny
<br />part of Borrower's or_ Trustor's property, any assignment fpr the benefit ot creditors, any type of creditor workout, ar the
<br />'cammancement of any proceeding under any bankruptcy or Insolvency laws by or against �orrow�ar ar Trustor.
<br />Croditar or FoXFeiture Procaedings. Commencement of toreclosure or forfeiture pracesdings, whether by j�ldicial proceeding, self-help,
<br />repasseasion or,any other method, by eny creditor of Borrower or Trustor or, by any gvvernmental agency against any property
<br />securing the Indebtednass. 7his includea a garnishment of any of Borrower's or Trustvr's accounts, including deposit accounts, with
<br />Lender. Hawever, this Event of Default shall not apply ff there is a good faith,dispute by Borrower or 7rustor as to the validity or
<br />reasonableness of .the claim which is the besis of the creditor or forfelture procaeding and if Borrowar or Trustar giyas Lender written
<br />notice of tha creditor pr fnrfaiture proceeding and depoaita with Lender monies or a surety bond for the creditor or forfeiture
<br />proceeding, in an smount determined by Lendar, in its sole discretion, as befng an adequate reserve ar bond for the dispute.
<br />Breach of Other Agreement. Any breach 6y Bo[rower or Trustor under the terms of any other agreement between Borrower ar
<br />Trustor and Lender that is, not remedied within any grace periqd provided therein, including without limitation any a�reement
<br />eoncerning any indebtedness or other abligation of Borrower or Trustor ta Lender, whether existing naw or later.
<br />Events Affecting Guarantar. Any of the preceding evants occurs with respect to any guarantor, endorser, suraty, or accommadstinn
<br />party of any of the Indebtedness or any guarantor, endorser, surety, or accammodation party dies or becomea iricompetent, or
<br />revokes dr disputes the validity of, or liability under, any Guaranty of the Indebtednesa.
<br />Ad►rerse Ghanga. A materiel adverae change occurs in eorrvwer's or 1'rustar's financiel cqndition, ar l.ender believes the prpspect of
<br />peyment or performsnce of the Indebtedness is impaired. . •
<br />Insaourity. Lender in good faith believes itaslf insacure.
<br />RIGH"CS ANU REMEDIES ON pEFAULT. If an �vent of Default occura under this �eed of 7rust, at sny time thereafter, Truatas or Lender
<br />may exercise any one or more of the following rights and remedies:
<br />Acceleration Upon Default; Add�tlanal Remedtes. If any Event of Qefault occurs as per the terms of the Npte secured hereby,
<br />� l.ender may declere all Indebtedneas secured by this pesd of Trust to 6e due and payable and' the Same' shall thereupon became
<br />due and payable without any presentment, damand, prpteat or notice of any kind. Thereaftar, Lander may:
<br />(a) Either fn person or by agent, wfth or withaut bringing any action or proceeding, ar by a. receiver appointed by a court and
<br />without regard to the adequecy of its security, enter upon and take possession of the Property, or any part thereof, in its
<br />own name or in the name of Trustea, and do any acts which it deems necessary or desirable to preserve the value,
<br />mar.ketabllity or rentability of tha Property, or part of the Property or interest in the Property; increese the income fram tha
<br />P[oper.ty or protect the security of the Property; and, with or wfthpu[ taking passeaslon of the Property, aue fvr o� otharwise
<br />collect the rents, issuea and profita af the Praperty, including thase past due and unpaid, and apply the same, less costs and
<br />expgnses ot operation.end collection attorneys' fees, to any indebtedness secured,by this Deed of Truat, ell in such order as
<br />Lander may determine. The entering upon and taking poasession of the Property, the collectfon of such rents, issues and
<br />profits, and the epplication thereof shall not cure or weive eny default or notice of default under this deed of Trust or
<br />invalidate any act done in reaponse ta auch default ar pursuant to such notice of defeult; and, notwithstanding the
<br />cantinuance in possession of the Property or the cpliection, receipt and application of rents, issues or profits, Truatee or
<br />l.ander shall be entitled to exercise evary right provided for in the Note or the Related Documents or hy law upon the
<br />occurrence of any event of default, including the ripht Cp exercise the power of aale;
<br />(h) Cvmmence an action to foreciose this Daed of Truat as e mortgage, appoint a receiver or specifically entorce any of the
<br />CovenBnts hareof;,snd
<br />(c) Deliver to 7rustae a written declaration of default and demand for sele and a written notice of default and election to
<br />ceuse Trustor'a interest in the Property tv be sold, which notioe Trustee shall cause to 6e duly filed for recard in the
<br />appropriate offices of the County In which the Property ia loceted; and
<br />(d) .With respect to ell or any part of the Persnna� Proparty, Lender shell have all th� rights and ramedies of a secured party
<br />undar the Nebraska Uniform Gammercial Code.
<br />Forsciosure by Power of Sala. If Lender elects to foreclpse 6y exercise of the Power of Sale herein cantained, Lender shall notify
<br />Trustee and ahall deposit with Trustee this Dead of Trust and the Mote and such recelp�ts and evidence vf expenditures made and
<br />secured by this Daed ot Trust as Truatee may require. . .
<br />(a) Upon reaeipt of such notice from Lender, Trustae shall cause to be reoorded, published and delivered 4o Trustor such
<br />� Notice ef detault and Notice of Sale as then required by law and by this Deed of Trust. Trustee ahall, withaut demand on
<br />Trustor, after such time as mey then be required by law and after recordation of such Notice of Default and after Notice of
<br />5ale having been gtven as required by lew, sell the Property at the time and place of eale flxed by it in such Notice of Sale,
<br />elther as a whole, or in sap�(ate lota or parcels or Items as 1"rustee shell deem expediant, snd in such order �s it may
<br />determine, at public auction to the highest bidder for cash in lewful money of ihe Uniied States payabla at the time of s�le.
<br />• Trustee shall deliver to auch purchaser or purchssers thereaf its good and sufficiant deed or deeds convey(ng the prpperty so
<br />sold, but wlthvut any covenant or werranty, expresa or implied. The recitals in such deed of any matters or facts ahall be
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