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201108848
<br /> DEED OF TRUST
<br /> Loan No: 810253 (COnti�lu0d} Page 5
<br /> concerning any indebtedness or other obligation of Trustor to Lender,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 pariy of any of the Indebtedness or any guarantor, endorser,surery, or accommodation party
<br /> dies or becomes incompetent, or revokes or disputes the validity of, or liabiliry under, any Guaranty of the
<br /> Indebtedness.
<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 /> Acceleration Upon Default;Additional Remedies. If any Event of Default occurs as per the terms of the Note
<br /> secured hereby,Lender may declare all I�debiedness secured by this Deed of Trust to be due and paya6le 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 /> appointed by a court and without�regard to the adequacy of its security,eoter upon and take possession
<br /> of the Property,or any part thereof,in its own name 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,o�part of
<br /> the Property or interest in the Property;increase the income from the Property or protecE ihe security of
<br /> the Property; and, with or without taking possession of the Property, sue for or otherwise collect ihe
<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 attorneys'fees,to any indebtedness secured by this Deed
<br /> of Trust, allin such order as Lender may determine. The entering upon and taking possession of the
<br /> PFoperty,ttie collection of such rents, issues and profits, and the application thereof shall not cure or
<br /> waive any default or notice of default under this Deed of Trust or invalidate any act done in response to
<br /> such default or pursuaM to such notice of default;and,notwithstanding the conunuance in possession of
<br /> the Property or the collection,receipt and application of re�nts,issues or profits,Trustee or Lender shall
<br /> be entitied to exercise every right provided for in the Note or the Related Documents or by law upon the
<br /> occurzence of any event of default,including 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) Defiver 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 Properry to be sold,which noYice 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 /> Foredosure by Power of Sale. lf Lender elects to foredose by exercise of the Power of Sale herein contained,
<br /> Lender shall notify Trustee and shall deposit wiih 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 /> ta) Upon receipt of such notice from Lender,TYUStee shall cause to be recorded,published and delivered
<br /> to Trustor such Notice of Deiault 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 lew 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 fixed 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 dete�mine,
<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 putchaser or purchasers thereof its good and sufficient deed or
<br /> � deeds conveying the property so sold, but without any covenant or warranty, express or implied. The
<br /> recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any
<br /> person,includin:g without limitation Trustor,Trustee,.o��Lender,may purchase at sucn sale.
<br /> (6) As may 6e permitted 6y law, after deducting all costs, fees and��.expenses of Trustee and of this
<br /> Trust,including costs of evidence of title in connection with sale,Trusiee shaLl appty the proceeds of sals
<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 inierest and late charges, fii) all other sums then
<br /> secured hereby,and (iii)the remainder;if 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 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 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 6y
<br /> this Deed of Trust may now or hereafter be otherwise secured,whether by mortgage,deed of trust,pledge, lien,
<br /> assignment or otherwise. Neither the acceptance of-this Deed of Trust nor its enforcement, whether 6y court
<br /> action or pursuant to the power of sale or other powers contained in this Deed of T�ust,shall prejudice or in any
<br /> . manne�affect Trustee's or Lender's right to realize upon or enforce arty other security now or hereafter heJd by �
<br /> Trustee or Lender,.it being agreed that Trustee and Lender,and each of fhem,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 their 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,6ut
<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, maV be exercised,
<br /> concurrently ar independenily,from time to time and as often as may be deemed expedient by Trustee or Lender,
<br /> and either of them may pursue inconsistent remedies. Nothing in this Deed of Trust shall be construed as
<br /> prohibiting Lender from seeking a deficiency judgment against the Ttustor to the extent such action is permitted 6y
<br /> law. Election by Lender co pursue any remedy shal4 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 rigfit 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
<br /> and a copy of any Notice of Sale under this Deed of Trust be ma[led to them aY the addresses set forth in th.e ftrst
<br /> paragraph of this Deed of Trust.
<br /> Attorneys' Fees; Expenses. lf Lentler institutes any suit or action to enforce any of the terms of this Deed of
<br /> Trust,Lender shall be entitled to�ecover such sum as the court may adjudge reasonable as attorneys'fees at trial
<br /> and upon any appeal. Whether or not any court action is involved, and io tF�e extent not prohibited by law, ail
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