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� �#;� ;,, �: �t : 4 �. DEED OF TRUST 2 0110 3 7 i 7
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<br />this default provision wi!! not apply.
<br />Breach of Other Agreement. Any breach by Trustor under the terms of any other agraement between Trustor and Lander 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 tater.
<br />Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation
<br />party of any ot the Indebtedness or any guarantor, andorser, surety, or accommodation party dies or becomes incompetent, or
<br />revokes or disputes the validity of, or liability under, any Guarenty of the Indebtedness.
<br />Insecurity. Lender in good faith believes itself insecure.
<br />Right to Cure. If any default, other than a default in payment is curable and if Trustor has not baen given a notice of a breach of the
<br />same provision of this Deed of Trust within the preceding twelve ( 7 2) monYhs, it mey 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 thereaftar cont+nues and completes all reasonable and necessary staps sufficient to produce compliance as soon as reasonabiy
<br />practical.
<br />RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust, at any time thereafter, Trustee or Lender
<br />may exercise any one or more of the foliowing rights and remedies:
<br />Acceleration Upon Default; Additiona( Remedies. If any Evant of Default occurs as per the terms of the Note secured hereby,
<br />Lender may declare all Indebtedness securad by this Deed of Trust to ba due and payable and the same shall thereupon become
<br />due and payable without any presentment, demand, protast or notice of any kind. Thareafter, Lender may:
<br />1a) Either in person or by agent, with or without bringing any action or proceeding, or by a receivar appointed by a court and
<br />without regard to the adequacy of its security, enter upon and take possession ot the Property, or any part thereof, in its
<br />own name or in the name of Trustee, and do any ac#s which it deems necessery or desirable to preserve the value,
<br />markatability or rentability of the Property, or part of the Property or interest in the Property; increase the income from the
<br />Proper[y or protect the security of the Property; and, with or without taking possession of the Property, sue for or otherwise
<br />collect the rents, issues and profits of tha Property, including those past due and unpaid, and apply the same, less costs and
<br />expenses of operation and collection attorneys' fees, to any indebtedness secured by this Deed of Trust, all in such order as
<br />Lender may determine. The sntering upon and taking possession of the Property, the collection of such rents, issues and
<br />profits, and tha 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 rtotice 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 ot sals;
<br />(b) Commence an action to foreclose this Deed of Trust es a mortgage, appoint a receiver or specifically enforce any of the
<br />covenants hereof; and
<br />(c) Deliver to Trustee a written declaration of default and demend for sale and a written notice of dafault and elaction to
<br />cause Trustor's interest in the Property to be sold, which notice Trustae shall cause to be dufy filed for record in the
<br />appropriate offices of the County in which the Property is located; and
<br />(d) With respact to all or any part of the Personal ProperYy, Lender shall have ali the rights and remedies af a secured party
<br />under the Nebraska Uniform Commercial Code.
<br />Foreclosure by Power of Sale, if Lender elects to foraclose by exercise of the Power of Sale harain contained, 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 Trustea may require.
<br />1a1 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 of Sale as then required by law and by this Deed of Trust. Trustee shall, without demand on
<br />Trustor, after such time as may then be required by lew and after recordation of such Notice of Default and after Notice of
<br />Sale having been given as required by law, seil the Property at the time and place of sale fixad by it in such Notica of Sale,
<br />either as a whole, or in separate lots or parcels or items as Trustee shail deem expedient, and in such order as it may
<br />determine, at public auction to the highest bidder for cash in lawtul money of the United States payable at the time of sale.
<br />Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient deed or deeds conveying the property so
<br />sold, but without any covenant vr warranty, express or implied. The recitals in such deed of any matters or facts shall be
<br />conclusive praof of the truthfulness thereot. Any person, including without limitation Trustor, Trustae, or Lender, may
<br />purchase at such sale.
<br />ib) As may be permitted by law, after deducting all costs, fees and expenses of Trustee and of this Trust, including costs of
<br />evidence of title in connection with sale, Trustee shaft app(y the proceeds of sale to payment of (i) ait sums expended under
<br />the terms of this Deed of Trust or under the tarms of the Note not then repaid, including but not limited 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 6y law postpone sale af all or any portion of the Property.
<br />Remedies Not Exclusive. Trustee and Lender, and each of them, shall be entitled to entorce payment and performance of any
<br />indebtedness or obligations 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 Documents, or under any other agreement or any laws now or hereafter in force; notwithstanding,
<br />some or all of such indebtedness and obiigations secured by this Deed of Trust may now or hereafter be otherwise secured, whether
<br />by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement,
<br />whether by court action or pursuant to the power of sale or other powers contained in this Deed of Trust, shafl prejudice or in any
<br />manner affect Trustee's or Lender's right to realize upon or entorce 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 othar security now or
<br />hereafter held by Lender or Trustee in such order and manner as they or either of them may in their absotute discretion determine. No
<br />remedy conferred upan or reserved to Trustee or Lender, is intended to be exclusive of any other remedy in this Deed of Trust or by
<br />law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given in 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 entitlad, may be exercised, concurrently or independently, from 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 judgmant against the Trustor to the
<br />extent such action is permitted by law.
<br />Election of Aemedies. All of Lender's rights and remedies will be cumulative end may be exercised alone or together. If Lender
<br />decides to spend money or to perfiorm any of Trustor's obligations under this Deed of Trust, after Trustor's failura to do so, that
<br />decision by Lender will not affect Lender's right to declare Trustor in default and to exercise Lender's remedies.
<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 undar this Deed of Trust be mailed to them at the addresses set forth in the first paragraph of this Deed of Trust.
<br />Attorneys' Fees; Facpenses. if Lender institutes any suit or action to enforce any of the terms of this Deed of Trust, Lender shall be
<br />entitled to recover such sum as the court may adjudge reasonabfe as attorneys' fees at trial and upon any appeal. Whether or not any
<br />court action is involved, and to the extent not prohiblted by law, all reasonable expenses 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 payabla
<br />on demand and shall bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paregraph
<br />include, without Ilmitation, however subject to any limits under applicable law, Lendar's attorneys' fees and Lender's legal expenses,
<br />whether or not there is a lawsuit, including attorneys' fees and expanses for bankruptcy proceedings (including efforts to modify or
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