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DEED OF TRUST ' ` � ' � � � ' n n
<br />Loan No: 35177 �� (Continued) 2 O 1 1 V 4 O a� - 'page 4
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<br />become�s fefse or misleading at any time thereafter. � '
<br />Defective Collateralization. This Deed of Trust or any of the Related Documents ceases to be in full force end� effect (including .failure
<br />of any collateral document to create a vatid and perfected security interest or Ifen) at any time and for any reason::
<br />Death or Insolvency. The death of Trustor, the insolvency of Trustor, the appointment of e'receiver for any part of Trustor's'prbperty,
<br />any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any
<br />bankruptcy or insolvency laws by or against Trustor.
<br />Credttor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help,
<br />reptissession or any other method, by any creditor of Trustor or by any govarnmental agency against any property securing the
<br />Indebtedness. This includes a garnishment of any of Trustor's accounts, including deposit accounts, with Lender. However, this
<br />Event of Defauit shall not apply if there is a good faith dispute by Trustor as to the validity or reasonableness of the claim which is the
<br />basis of the creditor or forfeiture proceeding and if Trustor gives Lender written notice of the creditor or forfeiture proceeding and
<br />deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole
<br />discretion, as being an adequate reserve or bond for the dispute.
<br />Breach of Other Agreement. Any breach by Trustor under the terms of any other agreement between Trustor and Lender that is not
<br />rerrr,iedfed within any grece period `providod therein,' including`Savithout limitatiom any agreement concerning any indebtedness or other
<br />obligation of Trustor to Lende�, whethbr existing now' or late�. ° '
<br />Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation
<br />party of any of the Indebtedness or any guarantor, endorser, 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 />Adverse Change. A material adverse change occurs in Trustor's financiel condition, or Lender believes the prospect of payment or
<br />performance of the Indebtedness is impafred.
<br />Insecurity. Lender in good faith believes itself insecure.
<br />Right to Cure. If any default, other than a default in payment is curable end if Trustor has nat been given a notice of a breach of the
<br />same provision of this Deed of Trust within the preceding twelve (12) months, it may 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 thereafter continues and completes all reasonable and necessery steps sufficient to produce compiiance es soon' as reasOnably
<br />practical: _ : , , _ ,. . , ., ,
<br />RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust, et any time thereafter, Trustee or Lender
<br />may exercise any One or more of the following rights and remedies:
<br />Acceleretion Upon Defeult; Additional Remedies. 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 Jrust to. be due and payable and the same shall thereupon become
<br />due and payable without any presentment, demand, protest or notice of any kind. Thereafter, Lender may:
<br />(a) 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 of its security, enter'upon and take possession of'the Property, or any pert thereof, in its
<br />own name or in the name of Trustee, and do any acts which it deems necessary or desirabfe `to preserve the value,
<br />marketability or rentability of the Property, or part of the Property or interest in the Property; increase the income from the
<br />Property or protect the security of the Property; and, with or without taking possession of the Property, sue for or otherwise
<br />collect the renis, issues end profits of the Properry, 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 thls Deed of Trust, all in such order as
<br />, L�nder:ma.y-_deter�ine. 7'he ente�ing upon and taking �ossession pf Propecty cQllection of such rents, issues and
<br />profits, and the epplication�thereof.shall not cure o�.uvaive any. or notiCer of defauk.under.this::Q�ed.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 applicetion 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 />. ;d.,
<br />(b) Commence an action to foreciose this Deed of Trust as a mortgage, appoint a receiver or specifically enforce any of the
<br />covenants herepf; and
<br />(c) Deliver to Trustee a written decieretion of default and demand for 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 officas of the County in which the Property is located; and
<br />(d) With respect to all or any part of.the Personel Property, Lender shall have all the rights and remedies of a secured perty
<br />under the Nebraska Uniform Commercial Code.
<br />Foreclosure by Power o# Sele. If Lender elects to #oreclose by exercise ofi the Power of Sale herein contained, Lender shall notify
<br />Trustee and shall deposit with Trustee this Deed of Trust end the Note and such receipts and evidence o# expenditures made and
<br />secured by this Deed of Trust as Trustee may require. ,
<br />(a) Upon receipt of such notice from iender, Trustee shell cause to be recorded, published and delivered to Trustor such
<br />Notice of Defauit and Notice of Sale as then required by law and by this Deed of Trust. Trustee shall, without demand on
<br />Trusfor, aftar such time es mey then be required by law and after recordation of such Notice of Default end efter 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 es it may
<br />determine, at public auction to the highest bldder for cash in lawful 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 or warranty, express or implied. The recitels in such deed of eny matters or facts shall be
<br />canclusive 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 costs, fees and expenses of Trustee and of this Trust, including costs of
<br />evidenca of title in connection vvith sele, Trusxae shell a;s�ly the proceeds of. sale to payment of (i) all sums expended under
<br />the terms of this Deed nf Trust or under the terms of the Note not then repaid, including but not limited to' eccrued lnterest
<br />and Iate charges, (ii) all other sums then secured hereby, and (iii) the remalnder, ff 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 Exclusive. Trustee and Lender, and each of them, shall be entitled to enforce peyment 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 eny laws now or hereafter in force; notwithstanding,
<br />some or ail of such indebtedness and obligations 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 ecceptance 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; shall prejudica 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 />being 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 anq other remedy 1n this Qeed of Trusf or by
<br />law provided or permitted, but each shall be cumulativa 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 eithar of them may be otherwise antitled, may be exercised, concucrently or independently, •from time
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