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� �� � � 201108799
<br /> DEED OF �'RUST
<br /> Loan No: 10000691 (COtI$illued) Page 5
<br /> �eath or Insolvency. The death of Borrower or Trustor,the insolvency of Borrower or Trustor,the appointment of
<br /> a receiver for any pari of Borrower's or Trustor's property,any assignment for the benefit of creditors,any type of
<br /> � creditor workout,.or the commencement of any proceeding under any bankruptcy or insolvency laws by or against
<br /> Borrawer or Trustor.
<br /> Taking of the Property. Any creditor or govemmental agency tries to take.any of the Property or any other of
<br /> Borrower's or Trustor's property in which Lender has a Iien. This includes taking of,garnishing of or levying on
<br /> Borrower'S or Trustor's accounts with Lender. However,if Borrower or Trustor disputes in good faith whether the
<br /> claim on which the taking of ttie Property is based is valid or reasonable,and if Borrower or Trustor gives Lender
<br /> written notice of the claim and fumishes Lender with monies or a surety bond satisfactory to Lender to�satisfy the
<br /> claim,then this default provision will not apply.
<br /> Breach oi Other Agreement. Any breach by Borrower or Trustor under the terms of any other agreement between
<br /> Borrower or TrusYOr and Lender that is not remedied within any grace.period provided therein, induding without
<br /> limitation any agreement concerning any indebtedness or other obligation of Borrower or Trustor to Lender,
<br /> whether existing now or later.
<br /> Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor,endorser,surety,
<br /> or accommodation party of any of the Indebtedness or any guarantor, endorser,surety, or accommodation party
<br /> dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the
<br /> Indebtedness.
<br /> Irtsecurity. Lender in good faith believes itself insecure.
<br /> Existing Indebtedness. The payment of any installment of principal or any interest on the 6cisting Indebtedness is
<br /> not made within the time required 6y the promissory note evidencing such indebtedness,or a default occurs under
<br /> the instrume�t securing such indebtedness and is not cured during any applicable grace period in such instrument,
<br /> or any suit or other action is commenced to foreclose any existing lien on Yhe Properiy. �
<br /> Right to Cure. If any default,other than a default in payment is curable and if Teustor has not been given a notice
<br /> - of a breach of the same provision of this Deed of Trust within the preceding twelve(121 months,ft may be curetl if
<br /> Trustor, after Lender sends written notice to Borrower demanding cure of such default: (1) cures the�default
<br /> within twenty(20)days;or (2) if the cure requires more than twenty(20)days,�mmediately initiates steps which
<br /> Lender deems in Lender's sole discretion to be sufficient to cure the defauft a�d ihereafter continues and
<br /> completes ali reasonable and necessary steps sufficient to produce compliance as soon as reasonably prectical.
<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 /> Acceleration Upon DefaulL•AdditionaF 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
<br /> the same shall thereupon become due and payable without any presentment,dernand,protest or notice of any
<br /> kind. Thereafter,Lentler may: � .
<br /> (aT Either i� person or by agent, with or without bringing any action or proceeding, or by a receiver
<br /> - appointed by a court and without regard to the adequacy of its security,enter upon and take possession
<br /> of the Property,or any part thereof,in its own name or in the name of Trustee,a�d do any acts.which it
<br /> deems necessary or desirable to preserve the value,marketability or renYability 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 wrthout taking possession of the Property, sue for or otherw�ise 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 attomeys'fees,to any indebtedness secured by this Deed
<br /> of Trust, ali in such order as Lender may determine. The entering upon and taking possession of the
<br /> Property, the collection of such renYS, issues and profits, and the application thereof shall not cute or
<br /> waive any default or notice of default under this Deed of Trust or invalidaie any act done in response to
<br /> such default or pursuant to such notice of defaulY;and,notwithstanding the continuanee in possession af
<br /> the Property or the collection, receipt and application of rents,issues or profits,Trustee or Lender shall �
<br /> 6e 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,inciuding the right to exercise the power of sale;
<br /> (b) Commence an action to 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 dedaration 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 sold,which notice Trustee shall cause to be
<br /> duly filed 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
<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 Trusiee and shall deposit with Trustee this Deed of Trust and the Noie 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 6e recorded,published and delivered
<br /> to Trustor such Notice of Default and Notice of Sale as then.required by law and�by fhis Deed of Trust.
<br /> T�ustee shatl, 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 sale f�xed by it in such Notice of Sale, either as a whole,or in
<br /> � separate lots or parcels or items as Trustee shall deem expedient,and in such order as it may determine,
<br /> at pu6lic auction to the highest 6idder for cash in lawful money of the United States payable at the time
<br /> of sale. Trustee shali deliver to such purchaser or purchasers thereof its good and sufficient deed or
<br /> deeds conveying the property so sold, but without any covenant or warrenty, express or implied. The
<br /> recitals in such deed of any matters or-facts shali be conciusive 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 permitted by law, after deducting all costs, fees and expenses of Trustee and of this
<br /> Trust,induding costs of evidence of title in connection with sale,TrusTee shall apply 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 /> seeured hereby,and (iii)the remainder,if any,to the person or persons legally entitled thereto.
<br /> (c) Trustee may in the manner provided by la�v postpone sale o#all or any portion of the Property.
<br /> Remedies Not Exclusive. Trustee and Lender, and each of them, shall be entitled to enforce payment and
<br /> performance of any indebtedness or obligations secured by this Deed of Trust and to exercise all rights and powers
<br /> under tHis Deed of Trust, under the Note,under any or the Related Documents,or u�der 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 mortgage.deed of trust,pledge,lien,
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