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201100137
<br />DEED OF TRUST
<br />. (Continued) � �a�e �
<br />• a�ligatian of 7tvstar to Lender, whether exlsting now or later.
<br />�vsnts Affecting Guarantor. Any of the praceding events ovaurs wlth respect ta any guarantar, endorser, surety, or accommodation
<br />party af arry ot th� Ir�fahtedness ar any guarantor, endorser, surety, ar accomrnpdation party dies ar beaomes incompet�nt, ar
<br />revdces or disputes tha vaitdiry c�f, ar Ilability undsr, any C3uaranty oP the Indebtedneas.
<br />RIGhtTS AND I�pEDIES QN DEFAULT. If an Evsnt �af Default occurs under this beed of 7rust, at arry time ther�fter, Trustee ar Lender
<br />may exer+cise any ane or mdre of the fapawing rights and remedies:
<br />Accele�atlon Upon Default; Additi�nal Rsmadiss. If arry Event of Refault occurs as per tfze terms of the Nate secured hereby,
<br />Lender may declare all IndekNedr�ess secured by this.beed af Trust to be due and payabie and the same shall thereupvn become
<br />due and payabfe without any preserrtmerd, demand, protest ar natice p�f arry kind. Thereafter, Lender may:
<br />(a) �fther in per�on or by agent, with or wifhout brir�ing �ny action ar pmc3eeding, or by a I'eceiver appaitttF:tl by a caurt and
<br />without regard to the adequacy of its securtty, enter upon and take possess�an af the Proparqr, or arry part thereof, in its
<br />own name or fn the nama of Trustee, and d� any acts which fk deems necessary nr desirable to preserve the value,
<br />• marketabllity or rentability cf ihe Property, or part of.the Prvperry or Ir�terest in the Property; increase the inoome from the
<br />Properky ar'protect the security of the Property; and, wlth or without taking possession �f the Property, sue for or ofhenuiss
<br />coNect the rents, issues and profits of the PropeRy, includ�ng those past due and unpaid, and appfy the same, less costs and
<br />exper�ses af opera4on and a►tlection attomeys' fees, to any inde6tednees seoured by this beed of Trust, alt in such orcfer as
<br />l.ender may determine. The eMering upon and taking ppssesslon of the Property, the coliection of suct� rents, issues and
<br />proflts, and the application thereaf shatl not cure or waive any de#ault or noti� af default under this Deed of Trust ar
<br />Irrvalidate any act done in response to such d�fault ar pursuant to such notioe of default; and, notwtthatanding the
<br />continuance in possessfon af the Property or the collection, receipt and applicatbn of rertts, issues or prot�#s, 7rustee or
<br />l.ender shell 6e entitied to exerclse avery right providsd for in the Nvte ar the Related 17acuments or by law upon the
<br />pccurrence of any avent of default, inclurling tha r+ght bv exercise the power of sale;
<br />(b) Commence an action to foreciose thls Deed of 7rust as a martgage, appoirrt a recaiv�r or apeciflcally enfarce arry of the
<br />�ovenarrts hereof; and
<br />(c) Deiiver ta Trustee a written declaration of default and demand for sale snd a written notice of default and el�ctfan to
<br />cause 7rustor's Intel'est in the Property to be sold, which notipa 7rust� shaEl cause to be duly ftled for record fn tise
<br />a�propriatv offlces of the County in which the Properry � located: and
<br />(d� Wlth raspect ta al1 or any part af the Fersanal Property, Lender she�ll have �il the rights and ramedies nf a secured party
<br />under the Nebraska lJni�orm Commercial Code.
<br />�oreciasure by Pawer of Sate. If Lender elects tv fvrecloss i�y exercise of the Power of 5ale herein contained, l.ender shap notify
<br />Trustee and shaH dgposit with Trustee this Deed of Trust and the 1+lote and such r�cQipts and evidence of expendifures made and
<br />secured by this Deed of Trust as 'Truste� may require.
<br />(e) Upon rec;eipt of such no#�ce fram Lender, Trustee shall cause ta b� recorded, published and dafivered tp 1"rusFrrr such
<br />Notice of Default and Notice af Saie as then required by taw and by thi5 Deed of Trust. Trustee shall, wrthout demand on
<br />Trustor, aiter such time as may then be required by law end afYer recardaiion of such f�lotice of Dafault and after Notice of
<br />Sale having been gfven as required by law, salf the Property at the time and place oT sale fixed by ft in such Notice oi Sale,
<br />either as a whole, vr in separate lots or parcels or items as Trustee shall deem expedient, and in such prder as it may
<br />determine, at publfc auctlan to the highest bidder for cash in lawful maney af the United States payable at the tfine of sale.
<br />Trustee shall deltver to such purchaser or purchasers thereaf its good and eufficient deed or deeds conveyirig the property so
<br />sold, but without ar�y c�venant or warrarity, expr�ss or impEfed. The redtals in such deed ot ar�y matters or facts shaH be
<br />oonrdusive proaF of the t�thfulness thereaf. Any person, in�luding WitMout limitation 7rustor, Trustae, or l.e►�der, may
<br />. purchase at suCh sale.
<br />(b) As may be permitted by law, after deductlng all costs, fees and expenses af'Crustee and af this Trusf, inc�uding oosts of
<br />evidence of tltle In aannectEon with sale, Trusbee sha11 appiy the proceeda 'af sale to payment of (i) al! sums expended under
<br />the terms of this Deed of 7rust or under the terms af the Nate not then repaid, including but nat Ilmited tv accrued interesf
<br />and (ata charges, (iiy sll vther sums then secured hereby, and (ifi) the remainder, if any, tp the person or pers�ns IegalEy
<br />entitled theretn.
<br />(c). Trustee may in the manner prcvided by law postpone sale of all or any partlon of the i�roperry.
<br />Remedles Not Ezclusive. Trustee and Lender, and each of them; ahall be ent3tled tq errforce paymer�t and perfarmance arf arry
<br />Indeb6edness or obiigations secured by this Deed af Tru&t and to exerckse all r�hts and powers under this Dead pf Trust, ur�er the
<br />Nate, u�er arry of the Reiated Documen�s, or under any other agreement or any laws now or heraafter in force; notwlthstanding,
<br />some or al! af such indebtedness and abliga�ans secured by this Deed af Trust may now or hereafter be atherwise secured, whether
<br />by mor�gage, deed nP t�r.►st, pledqe, Ileri, assignment nr atherwise. Neith�r the acceptance of this Deed of Trust nor iEs enforcement,
<br />whether by caurt •action or purs�ant #p the power af sale or Other powar�s contalned in this Deed of Trust, shall prejudics or lri any
<br />mannet affect Trustee's or l.ender's riqht to realize upon ar enforoe any other security naw ar hereafter hefd by Trustee or Lender, it
<br />being agreed that Trustee and Lender, and eac� af them, shall be enfitled to enfnrae this Deed af Trust and any other security now pr
<br />heraafter held by Lendar or Trustee in such or�ker and manner as they or elther of thern may in their absalute dlscretion determine. No
<br />rESm�dy'conFerred upon or reaerved ta Trustee nr Lender, 1s intended to be exclusive af any.other remedy in thls Deed af Trust or by
<br />iaw provided nr permttted, but each shall 6e cumulative and si�all be In additlan ta every other remedy given in this Deed of Trust nr
<br />now or hesreafter exisdng at faw or i� equky qr by skatuFe, Every power or r�emedy given t�y the Note ar arry of the Rela6ed Documerif�;
<br />to Trustee ar I,.ender or tn which either of them may be otherwise erditlgd, may be exercised, ovncurrerrtly or indep�ndenqy, frpm time
<br />ta time and as often as rnay be deemed expedler� by 7rustee or Lender, and either of them may pursue inoonsistent remed�es.
<br />lVathing in this Deed pf Trust shall be constru� as prphibit€ng Lender from seekir�g a deffefency judgment against the 7nastor to the
<br />extent such action is permftted by Iaw.
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