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DEED OF TRUST �� 1i ��(� `�► � page 5
<br />(Continued)
<br />accommodation party of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party dies or
<br />becomes incompetent, or revokes or disputes the validiry of, or liability under, any Guaranty of the Indebtedness.
<br />Adverse Change. A material adyerse change occurs in Borrower's or Trustor's financial condition, or Lender believes
<br />the prospect of payment or perforrnance of the Indebtedness is impaired.
<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 'rf Trustor has not been given a rrotice of a
<br />breach of the same provision of this Deed of Trust within the preceding twelve (12) months, it may be cured 'rf Trustor,
<br />after Lender sends written notice to Borrower demanding cure of such default: (1) cures the default within twenry (20)
<br />days; or (2) 'rf the cure requires more than twenty (20) days, immediately initiates steps which Lender deems in Lender's
<br />sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary
<br />steps sufficient to produce compliance as soon as reasonably practical.
<br />RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default �curs under this Deed of Trust, at any time thereafter,
<br />Trustee or Lender may exercise any one or more of the following rights and remedies:
<br />Acceleration Upon Default; Additlonal Remedies. If any Event of Default occurs as per the terms of the Note
<br />secured hereby, Lender may declare all Indebtedness secured by this Deed of Trust to be due and payable and the
<br />sarrae shall 4h�reup�n became due and payable wit�iout any presentment, demand, protest or notice of� any kind.
<br />Thereafter, Lender may:
<br />(a) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed
<br />by a court and wfthout regard to the adequacy of its security, enter upon and take possession of the Property,
<br />or any part thereof, in its own name or in the name of Trustee, and do any acts which it deems necessary or
<br />desirable to preserve the value, marketability or rentabiliiy of the Property, or part of the Properiy or interest in
<br />the Property; increase the income from the Property or protect the security of the Property; and, with or without
<br />taking possession of the Property, sue for or otherwise collect the rents, issues and profits of the Property,
<br />including those past due and unpaid, and apply the same, less costs and expenses of operation and collection
<br />attomeys' fees, to any indebtedness secured by this Deed of Trust, all in such order as Lender may determine.
<br />The entering upon and taking possession of the Property, the collection of such rents, issues and profits, and
<br />the 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 notice of default; and, notwithstanding
<br />the contlnuance in possession of the Property or the collection, receipt and applicaUon of rents, issues or
<br />profits, Trustee or Lender shall be entitled to exercise every right provided for in the Note or the Related
<br />Documents or by Iaw upon the occurrence of any event of default, including the right to exercise the power of
<br />sale;
<br />(b) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver or spec'rfically
<br />enforce any of the covenants hereof; and
<br />(c) Deliver to Trustee a written declaration of default and demand for sale and a wrmen notice of default and
<br />election to cause Trustor's interest in the Property to be sold, which notice Trustee shall cause to be duly filed
<br />for record in the appropriate offices of the County in which the Property is located; and
<br />(d) With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a
<br />secured party under the Nebraska Un'rform Commercial Code.
<br />Foreclosure by Power of Sale. If Lender elects to foreclose by exercise of the Power of Sale herein contained,
<br />_ Lender shall potify Trustee and shall deposft with Trustee this Deed of Trust and the Note and such receipts and
<br />evidence of expenditures made and secured by this i7eeal of Trust as Trustee may require.- -- --
<br />(a) U{mn receipt of such notice from Lender, Trustee sMall cause to be recorded, published and delivered to
<br />Trustor such Notice of Default and Notice of Sale as then required by law and by this Deed of Trust. Trustee
<br />shall, without demand on Trustor, after such time as may then be required by law and after recordation of such
<br />Notice of Default and after Notice of Sale having been given as required by law, sell the Property at the time
<br />and place of sale faed by it in such Notice of Sale, either as a whole, or in separate lots or parcels or items as
<br />Trustee shall deem expedient, and in such order as it may determine, at public auction to the highest bidder
<br />for cash in lawful money of the Unfted States payable at the time of sale. Trustee shall deliver to such
<br />purchaser or purchasers thereof its good and sufficient deed or deeds conveying the property so sold, but
<br />without any covenant or warranty, express or implied. The recitals in such deed of any matters or facts shall
<br />be conclusive proof of the truthfulness thereof. My person, including without limitation Trustor, Trustee, or
<br />Lender, may 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,
<br />including costs of evidence of tiUe in connection with sale, Trustee shall apply the proceeds of sale to payment
<br />of (i) ali sums expended under the terms of this Deed of Trust or under the terms of the Note not then repaid,
<br />including but not limited to accrued interest and late charges, (ii) all other sums then secured hereby, and (iii)
<br />the remainder, 'rf any, to the person or persons legally entitled thereto.
<br />(c) Trustee may in the manner provided by law postpone sale of all or any portion of the Properly.
<br />Remedles Not Exclus(ve. Trustee and Lender, and each of them, shall be entitled to enforce payment and
<br />performance of any indebtedness or oblfgations secured by this Deed of Trust and to exercise all rights and powers
<br />under this Deed of Trust, under the Note, under any of the Related Documents, or under any other agreement or any
<br />Iaws now or hereafter in force; notwithstanding, some or all of such indebtedness and obligations secured by this Deed
<br />of Trust may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, lien, assignment or
<br />othervvise. Neither the acceptance of this Deed of Trust nor its enforcement, whether by court action or pursuant to the
<br />power of sale or other powers contained in this Deed of Trust, shall prejudice or in any manner affect Trustee's or
<br />�er�er's right t� �ea;izo upcn�c er,forco any �tthar se�nrity ncve arharoafterheld by T�usta6 s�r Ler�Jor, ;t�ing agr3s�
<br />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
<br />determine. No remedy conferred upon or reserved to Trustee or Lender, is intended to be exclusive of any other remedy
<br />in this Deed of Trust or by law provided or permitted, but each shall be cumulative and shall be in addition to every other
<br />remedy given in this Deed of Trust or now or hereafter existing at law or in equity or by statute. Every power or remedy
<br />-given b�� the Note ar any of the R�idted Documents ta Tnist�e or Lender or to which either of �em may be ofhenvise
<br />entitled, may be exercised, concurrenUy or independently, from time to time and as often as may be deemed expedient
<br />by Trustee or Lender, and either of them may pursue inconsistent remedies. Nothing in this Deed of Trust shall be
<br />construed as prohibiting Lender from seeking a deficiency judgment against the Trustor to the extent such action is
<br />permitted by law. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an
<br />election to make expenditures or to take action to perform an obligation of Trustor under this Deed of Trust, after
<br />TrustoPs failure to perform, shall not affect Lender's right to declare a default and exercise its remedies.
<br />Request for Notice. Trustor, on behalf of Trustor and Lender, hereby requests that a copy of any Notice of Default and
<br />a copy of any Notice of Sale under this Deed of Trust be mailed to them at the addresses set forth in the first paragraph
<br />of this Deed of Trust.
<br />Attorneys' Fees; Expenses. If Lender institutes any suft or action to enforce any of the terms of this Deed of Trust,
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