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201109439
<br /> DEED OF TRl1ST �
<br /> Loan No: 173051721 (Contiilued) Page 5
<br /> concerning any indebtedness or other obligation of Trustor to Lender,whether existing now or later.
<br /> Evenfs 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, endorsee,surety,or accommodation party
<br /> dies or becomes incom�petent, or revokes or disputes�the validity of, or liability undee, any Guaranty of the
<br /> Indebtedness.
<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 if Trustor has not been given a.notice
<br /> of a breach of the same provision of this DBed of Trust viitfiin the preceding twelve(12)months,it may be cured if �
<br /> Trustoe,after Lender sends written notice to Trustor demanding cure of such default: (1) cures the deiauft within
<br /> twenty (20) days; or (2) if the cure requires more than twenty (20) days, immediat°ly initiates steps which
<br /> Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and
<br /> completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical.
<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 foliowing rights and remedies:�
<br /> Acceleration Upon Default;Additional Remedies, If any Event of Defauli 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,demand,protest or notice of any
<br /> kind. Thereafter,Lender may:
<br /> (aJ 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,enter upon and talce possession
<br /> of the Property,or any part thereof,in its own name or in Yhe name of Trustee,and do any acts which it
<br /> tleems neeessary or desirable to preserve the value,marketability or renYability of the Property,or part of
<br /> the Property or interest in the Properry;increase the income from Yhe Property or protect the security of
<br /> the Property; and, with or withnut taking possession of the Rtoperty, 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 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 /> Property, the collection of such ren{s, issues and profits, and the applicaiion there4f shall not cure or
<br /> waive any default or notice of default under this Deed of Trust or invafidate 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 shall
<br /> 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 ihe power of sale;
<br /> Ib) Commence an action to foreclose this Deed of Trust as a mortgage,appoini a receiver or specifically
<br /> enforce any of the covenants hereof;and �
<br /> (c) Deliver to Trustee a written tled�aration of default and demand for sale and a written notice of detault
<br /> and eleciion 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 foredose 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 expendiiures made and secured by Yhis Deed of Trust as Trustee may require.
<br /> (a1 Upon receipt of such noVCe from Lender,Trustee shall cause to be recorded,published 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 6e required by Iaw and aiter
<br /> recordation of such Noiice of Default and after Notice of Sale having been given as required hy 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 ar parcels or iterns as Trustee shall deem expedient,and i:n 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 deli�er to such purchaser or purchasers thereof rts good and sufificient deed or
<br /> deeds conveying�th�e property so sold, but witnout any covenant or warranry, express ot implied. The
<br /> recitals in such deed oi any matters or facts shall be condusive proof of the truthfulness thereof. Any
<br /> person,including witf�ouY 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 oi 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)al(sums expended under the terms of this Deed of Trust or under tf�e terms of the Note
<br /> not then repaid, including but not limited to accrued interest and Iate charges, (ii) all other sums then
<br /> secured hereby,and (iip the remainder,if any,to the person or persons legally entitled thereto.
<br /> � (cl Trustee may in the manner provided by law postpone sale of all or any portion of the Property.
<br /> Remedes Not Exclusive. Trustee and Lender, anH 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 ihe 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�eed of Trust may now or hereafter be otherwise secured,whether 6y mortgage,deed of Yrust,pledge,lien,
<br /> assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, whether by court
<br /> action or pursuant to the power of sale or other po�vers contained in this Deed of Trust,shall p�ejudice or in any
<br /> manner affiect 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 6e entitled to enforce this Deed
<br /> � of Trust and any other security now or hereafter held by Lender oe Trustee in such order and manner as they or
<br /> either of them may in their absolute discretion determine. No eemedy 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 addi�tion 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 Trusiee or Lender or to wnich either of them may be otherwise entitled, may be exercised,
<br /> concurrently or independently,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 Yhe Trusmr to the extent such action is permitted by
<br /> law.
<br /> Election of Remedies. All of Lender's rights and remedies wili be cumulative and may be exercised alo�e or
<br /> together. if Lender decides to spend money or to perform any of Trustor's otrligations under this Deed of Trust,
<br /> after Trustor's failure to do so,that decision by Lender will not affect Lender's right tp declare Ttustor in default
<br /> and to exercise Lender's remedies�.
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