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DEED OF TRUST � o���� � 3 3�
<br />Loan �No: 129693 ' " � (Continuecl, Page 5
<br />Adverse Change. A material adverse change occurs in Trustor's financial condition, or Lender believes the
<br />prospect of payment or performance of the Indebtedness is impaired.
<br />Insecurity. Lender in good faith believes itself insecure.
<br />RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs 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 />Acceleratian Upon Default; Addittonal Remedies. If any Event of Default occurs as per the terms af the Note
<br />secured hereby, Lender may declare all Indebtedness secured by this Deed of Trust to be due end payable and
<br />the same shall thereupon become due and payable without any presentment, demand, protest or notice of any
<br />kind. Thereafter, Lender may:
<br />(a) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver
<br />appointad by a court and without regard to the adequacy of its security, entar upon and take possession
<br />ot the Property; or any part thereof, in its own nama or in the name of Trustee, and do any acts which it
<br />deems necessary or desirable to preserve the value, marketability or rentability of the Property, or part of
<br />the Property or interest in the Property; increase the income from the Property or protect the security of
<br />the Property; and, with or without taking possession of the Property, sue for or otherwise collect the
<br />rents, issues and profits of the Property, including those past due and unpaid, and apply the same, less
<br />costs and expenses of operation and collection permissible fees, to any indebtadness secured by this
<br />Deed of Trust, all in such order es Lender may determine. The entering upon and taking possession of
<br />the Property, the collection of such rents, issues and profits, and the application thereot shall not cure or
<br />waive any default or notice of default under this Deed of Trust or invalidete any act done in response to
<br />such default or pursuant to such notice of default; and, notwithstanding the continuance in possession of
<br />the Property or the collection, receipt and application of rents, issues or profits, Trustee or Lender sNall
<br />be entitled to exercise every right provided for in the Note or the Related Dacuments or by law upon the
<br />occurrenca of any event of defeult, including the right to exercise the power of sale;
<br />(b) Commence an action ta foreclose this Deed of Trust as a mortgage, appoint a receiver or specifically
<br />enforce any of the covenants hereof; and
<br />(c) Deliver to Trustee a written declaration of default and demand'for sale and a written notice of default
<br />and election to cause Trustor's interest in the Property to be sald, which notice Trustee shali cause to be
<br />duly filed for record in the appropriate offices of the County in wfiich 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
<br />of a secured party under the Nebraska Uniform 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 notify Trustee and shall deposit with Trustee this Deed of Trust and the Note and such receipts
<br />and evidence of expenditures made and secured by this Deed of Trust as Trustee may require.
<br />(a) Upon receipt of such notice from Lender, Trustee shall cause to be recorded, pubiished and delivered
<br />to Trustor such Notice of Default and Notice of Sale as then required by law and by this Deed of Trust.
<br />Trustee shall, without demand on Trustor, after such time as may then be required by law and after
<br />recordation of such Notice of Default and after Notice of Sale having been given as required by law, sell
<br />the Property at the time 'and place of sele fixed by it in such Notice of Sel�, eitheC as a whole, or in
<br />separate lots or parcels or items a� Trustee shell deem expedient, and in such order as it may determine,
<br />at public auction to the highest bidder for cash in lawful money of the United States payable at the time
<br />of sale. Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient deed or
<br />daeds conveying the property so sold, but without any covenant or warranty, expresa or implied. The
<br />recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any
<br />person, including without limitation Trustor, Trustee, or Lender, may purchase at such sale.
<br />(b) As may be permltted by law, after deducting all costs, fees and expenses of Trustee and of this
<br />Trust, including costs of evidenca of title in connection with sale, Trustee shall epply the proceeds of sale
<br />to payment of (i) all sums expended under the terms of this Deed of Trust or under the terms of the Note
<br />not then repaid, including but not limited to accrued interest and late charges, (ii) ail other sums then
<br />secured hereby, and (iii) the remainder, if any, to the person or persons legally entitled thereto.
<br />, ic) Trustee may in the m�nnerprovided by lewpostpone sale of all or eny portion of the Property.
<br />Remedies Not Exclusive. Trustee and Lender, and each of them, shall be entitled to enforce. peyment and
<br />performance of any indebtedness or obligations secured by this Deed of Trust and to exercise aii rights and powers
<br />under this Deed of Trust, under the Note, under eny of the Related Documents, or under any other agreement or
<br />any laws now or hereafter in force; notwithstanding, some or all of such indebtedness and obligations secured by
<br />this Deed of Trust may now or hereafter be otherwise secured, whether_ by moctgage, deed of trust, pledge, lien,
<br />assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, whether by court
<br />action ar pursuant to the power of sale or other powers conteined in this Deed of Trust, shall prejudice 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
<br />Trustee or Lender, it being agreed that Trustee and Lender, and each of them, shall be entitled to enforce this Deed
<br />of Trust and any other security now or hereafter held by Lender or Trustee in such order and manner as they or
<br />either of them may in thelr absolute discretion determine. No remedy conferred upon or reserved to Trustee or
<br />Lender, is intended to be exclusive of any other remedy in this Deed of Trust or by law provided or permitted, but
<br />each shall be cumulative and shall be in addition to every other remedy given in this Deed of Trust or now or
<br />hereafter existing at law or in equity or by statute. Every power or remedy given by the Note or any of the Related
<br />Documents to Trustee or Lender or to which either of them may be otherwise entitled, may be exercised,
<br />concurrently or independentty, from time to time and &'s often as may be deemed axpedient by Trustee or Lender,
<br />and either of them may pursue ineonsistent remadies. Nothing in this Deed of Trust shall be construed as
<br />prohibiting Lender from seeking a deficiency judgment against the Trustor to the extent such action is permitted by
<br />law. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to
<br />make expenditures or to take action to perform an obligation of Trustor under this Deed of Trust, after Trustor's
<br />failure to perform, shall not affect Lender's right to declere a default and exercise its remedies.
<br />Request far Notice. Trustor, on behalf of Trustor and Lender, hereby requests that a copy of any Notice of Default
<br />and a capy of any Natice of Sale under this Deed of Trust be mailed to them at the addresses set forth in the first
<br />paragraph of this Deed of Trust.
<br />Expenses. If Lender institutes any suit or action to enforce eny of the terms of this Deed of Trust, Lender shall be
<br />entitled to recover such sum as the court may adjudg8 reasonable. Whether or not any court action is involved,
<br />end to the extent not prohibited by law, ail reasonable expenses Lender' incurs that in Lender's opinion are
<br />necessary at any time for the protection of its interesY or the enforcement of its rights shall become a part of the
<br />Indebtedness peyable on demand end shali bear interest at the Note rate from the date of the expenditure until
<br />reqaid. Expenses covered by this paragraph include, without limitation, however subject to any limits under
<br />applicable law, Lender's expenses foc bankruptcy proceedings (including efforts to modify or vecate any automatic
<br />stay or injunction), appeals, and any anticipated post-judgment collection services, the cost of searching records,
<br />obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees, title insurance, and
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