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r, o . 1` , , �' , � ; °� °" ., � � �' '�' �� _'� =. �EED OF TRUST `:; :: ;(Continued) � Q 11 � 3�6 5 2 Page 4 ,, Death or Insolvency. The death of Trustor, the inso�t�ency of Trustor, tf�e appointment of a receiver for any part of Trustor's property, any assignment for the benefit of creditors, ar��r,.taipe of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency Iaws by or against Trus�pr:' Taking of the Property. Any creditor or governrr`ienYal agency tries to take any of the Property or any other of Trustor's property in which Lender has a lien. This includes taking af',' garnishing of or Ievying on Trustor's accounts with Lender. However, if Trustor disputes in good faith whether the claim on which',the taking of the Property is based is valid or reasonable, and if Trustar gives Lender written notice of the claim and furnishes �eh�ier with monies or a surety bond satisfactory to Lender to satisfy the claim, then this default provision will not apply. Breach of Other Agreement. Any breach by Trusto�� under the terms of any other agreement between Trustor and Lender that is not remedied within any grace period provided therein,. o-ncluding without limitation any agreement concerning any indebtedness or other obligation of Trustor to Lender, whether existing t�o� or later. Everrts Affecting Guararrtor. Any of the precedirtg �vents occurs with respect to any guarantar, endorser, surety, or accommodation party af any of the Indebtedness or any guarantor, endorser, surety, or accommodatian party dies or becomes incompetent, or revokes or disputes the validiry of, or liability undet; �any Guaranty of the Indebtedness. Insecurity. Lender in good faith believes itself ins�cu're. Right to Cure. If any default, other than a defaul� irnpayment is curable and if Trustor has not been given a notice of a breach of the same provision of this Deed of Trust within the prec,eding twelve (12) months, it may be cured if Trustor, after Lender sends written notice to Trustor demanding cure of such default: ' 1) cures the default within twenty (20) days; or (2) if the cure requires more than twenty (20) days, immediately initiates steps' �hich Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasdnable and necessary steps sufficient to produce compliance as soon as reasonably practical. ' �� '" RIGHTS AND REMEDIES ON DEFAULT. If an Event o�;D�fault occurs under this Deed of Trust, at any time thereafter, Trustee or Lender may exercise any one or more of the following rights and remedies: Acceleration Upon Default; Add'rtional Reme�iie:�. If any Event of Default occurs as ppr the terms of the Note secured hereby, Lender may declare all Indebtedness secured �qy� this Deed of Trust to be due and payable and the same shell thereupon become due and payable without any presentment, de��nd, protest or notice of any kind. Thereafter, Lender may: (a) Either in person or by agent, with od !w.i�hout bringing any action or proceeding, or by a receiver appointed by a court and without regard to the adequacy of its secLirity, enter upon and take possession of the Property, or any part thereof, in its own name or in the name of Trustee;i au�d do any acts which it deems necessary or desirable to preserve the value, marketability or rentability of the Prope¢ry;;or part of the Property or interest in the Property; increase the income from the Property or protect the security of the Rr�perty; and, with or without taking possession of the Property, sue for or otherwise collect the rents, issues and profits of the`Rroperty, including those past due and unpaid, and apply the same, less costs and expenses of operation and collection atY�►rneys' fees, to any indebtedness secured by this Deed of Trust, all in such order as Cender may determine. The entering upori! and taking possession of the Property, the collection of such rents, issues and profits, and the application thereof sh�ll' �iot cure or waive any default or notice of default under this Deed of Trust or invalidate any act done in response Yo i.�uch default or pursuant to such notice of default; and, notwithstanding the continuance in possession of the Propert�; or the collection, receipt and application of rents, issues or profits, Trustee or Lender shall be entitled to exercise every; right provided for in the Note or the Related Documents or by law upon the occurrence of any event of detault, inclutlirYg the right to exercise the power of sale; (b) Commence an action to foreclose t�iis�peed of Trust as a mortgage; appoint a receiver or specifically enforce,any of the covenants hereof; and � : (c) Deliver to Trustee a written declaraitio� of default and demand for sale and a written notice of default and election to cause Trustor's interest in the ProperGy'tp be sold, which notice Trustee shall cause to be duly filed for record in the appropriate offices of the County in whir��i hhe Property is located; and (d) With respect to all or any part of the �ersonal Property, Lender shall have all the rights and remedies of a secured party under the Nebraska Uniform Cammercia,� �dde. Foreclosure by Power of Sale. If Lender elects;,fo foreclose by exercise of the Power of Sale herein contained, Lender shall notify Trustee and shall deposit with Trustee this Qeee9 of Trust and the Note and such receipts and evidence of expenditures made and secured by this Deed ot Trust as Trustee may� r�e:quire. , (a) Upon receipt of such notice from Gender, Trustee shall cause to be recorded, published and delivered to Trustor such Notice of Default and Notice of Sale as�th�n required by law and by this Deed of Trust. Trustee shall, without demand on Trustor, after such time as may then b� required by law and after recordation of such Notice of Default and after Notice of Sale having been given as required by law,', sell the Property at the Ume and place of sale fixed by it in such Notice of Sale, either as a whole, or in separate lots or `�jarcels or items as Trustee shall deem expedient, and in such order as it may determine, at public auction to the highest bidder for cash in lawful money of the United States peyable at the time of sale. Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient deed or deeds conveying the property so sold, but without�any covenant or warr�nt�%, express or implied. The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness ttaere�f. Any person, including without limitation Trustor, Trustee; or Lender, may purohase at such sale. {b) As may be permitted by law, after deducting all costs, fees and expenses ot Trustee and of this Trust, including costs of evidence of title in connection with sale;!trUstee shall apply the proceeds of sale to payment of (i) all sums expended under the terms of this Deed of Trust or undet� th+e terms of the Note not then repaid, including but not limited to accrued interest and late charges, (ii) all other sums tFien, secured hereby, and (iii) the remainder, if any, to the person or persons legally entitled thereto. ? ; � ,, (c) Trustee may in the manner provided tiy;law postpone sale of all or any portion of the Property. '. � � Remedies Not Exclusive. Trustee and Lender, and each of them, shall be entitled to enforce payment and performance of any indebtedness or obligations secured by this Deed o,f�Trust and to exercise all rights and pbwers, un,der Dged of Trust, under the Note, under any of the Related Documents, or under any other agreement or any laws now or hereafter in force; notwithstanding, some or all of such indebtedness and obligations ��$cured by this Deed of Trust may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, lien, assignmerr4 or otherwise. Neither the acceptancQ of .this Deed of T�ust nor its enforcement, whether by court action or pursuant to the powe[,4,f sale or other powers contained in this Deed of Trust, shal( prejudice or in any manner affect Trustee's or Lender's right to realiae, upon or enforce any other security now or hereafter held by Trustee or Lender, it being agreed that Trustee and Lender, and each of, x�iem, shall be entitled to enforce this Deed of Trust and any other security now or hereafter held by Lender ar Trustee in such order �ni# manner as they or either of them may in their absolute discretion determine. No remedy conferred upon or reserved to Trustee or`Lerider, is intended to be exclusive of any other remedy in this Deed of Trust or by law provided or permitted, but each shall be curriulative and shall be in addition to every ather remedy glven in this Deed of Trust or 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 to Trustee qr Lender ar to which either of them rrraX;be otherwise entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Trustee or Lender, and either of them may pursue inconsistent remedies. Nothing in this Deed of Trust shall be construed �es prohibiting Lender from seeking a deficiency judgment against the Trustor to the extent such action is permitted by law. Election of Remedies. All of Lender's rights and femedies will be cumulative and may be exercised alone or together. If Lender decides to spend money or to perform any of Trus�or's obligations under this Deed of Trust, after Trustor's failure to do so, that decision by Lender will not affect Lender's right tq'declare Trustor in default and to exercise Lender's remedies. Request for Notice. Trustor, on behalf of Trustor'an�9 Lender, hereby requests that a copy of any Notice of Default and a copy of any Notice of Sale under this Deed of Trust be mailed `Co them at the addresses set forth in the first paragraph of this Deed of Trust: �.� . _ __' - -°._ ., . _ i �._._ .� � .