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201403955
<br /> DEE� OF TRUST
<br /> Loan No: 37305'[757 iContinued) Page 5
<br /> affect a�y of Grantor's property or Grantor's ability to repay the �ndebtedness or Grantor's ability to perform
<br /> Grantor's obligations under this Deed of Trust ar any of the Related Documents.
<br /> False Statements. Any representation or st2ter�ent made or furnished to Lender by Trusior or on Trustor's behalf
<br /> under this Deed of Trust or the Related Documents is false or misleading in any material rsspect, either now or at
<br /> the time made or furnished.
<br /> Defective Collateralization. 3his Deed of Trust or any of the Related Documents ceases to be in full force and
<br /> effect Iincluding failure of any collateral document to create a valid and perfected security interest or lien} at any
<br /> time and for any reason.
<br /> �eath or Insolvency. The death of Trustor, the inso[�ency of Trustor,the appointment of a receiver for any part of
<br /> Trustor`s property, any assignrnent for the benefit of ereditors, any 'rype of creditor workou't, or the
<br /> commencement of any proceeding under any bankruptcy or insolvency faws by or against Trustor.
<br /> Taking of the Property. Any creditor or governmenta] agency tries to take any of the Properry or any other of
<br /> Trustor's property in which Lender has a lien. This includes taking of, garnishing of or levying on Trustor's
<br /> accounts with Lender. Howe�er, if 7rustor disputes in good faith whether the c]aim on which the taking of the
<br /> Property is based 'ss �alid ar reasonable, and if Trustor gives Lender written notice of the c[aim and furnishes
<br /> Lender with monies or a surety bond satisfaCtory to Lender to satisfy the claim, then this default provision will nat
<br /> apply.
<br /> Breach of Other Agreement. Any breach by Trustor under the terms of any other agreement between Trustor and
<br /> Lender that is not remedied within eny grace perioci pro�ided therein, including withaut limitation any agreement
<br /> conceming any indebiedness or other obligation of Trustor to Lender, whet[�er existing now or later.
<br /> Events A�FFecting Guaran#or. Any of the preceding evenTs occurs wiih respect to any guarantar, endorser, surety,
<br /> or accommodation party o€ any of the Indebtedness or any guarantor, endorser, surety, or accommodaTion party
<br /> dies ar becomes incompetent, ar revokes or disputes the validity of, or liability under, any Guaranty of the
<br /> Indebtedness.
<br /> Insecurity. Lender in good faith believes itself insecure.
<br /> Existing lndehtedness. The payment of any installment of principaf or eny interest on t[�e ExisYing Indebtedness is
<br /> not made within the time required by the promissory note evidencing such indebtedness, or a defau[t occurs under
<br /> the instrument securing such indebtedness and is nat cured during any applicable grace period in such instrumant,
<br /> or any suit or other action is commenced to foreclose any existing lien on the Property.
<br /> Right to Cure. If any de�ault, 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 Deed of Trust within the preceding twelve [12) months, it may be cured if
<br /> 7rustor, after Lender sends written notice to Trustor demanding cure of such default: {Z} cures the default within
<br /> twen'ry i20) days; or (2) if tf�e cure requires more than twenty (20) days, immediately initiates steps whicf�
<br /> Lender deems in Lender's so[e discretion to be sufficient to cure the default and thereafter continues and
<br /> compleFes al[ reasonable and necessary steps sufficient to produce compl'sance as soon as reasonably practical.
<br /> RIGFiTS AI1iD REMEd1FS ON DEFAULT. If an Event of Default occurs under this Deed of Trust, at any time therea�Fter,
<br /> Trustee or Lender may exerciss any one or more of the fo[lowing rights and remedies:
<br /> Acceleration Upon pefault: Additional Remedies. If any Event of Dsfault occurs as per the terms of the Note
<br /> secured hereby, Lender may decfare all ]ndebtedness secured by this Deed of Trust to be due and payab[e and
<br /> the same shall thereupon become due and payable without any presentrreent, demar�d, protest or notice of any
<br /> kind. Thereafter, Lender may:
<br /> {a1 Either in person or by agen#, with or withaut bringing any action or proceeding, or by a receiver
<br /> appointed by a courE and without regard to ihe adequacy of its security, enter upon and ta[ce possession
<br /> of the Property, or any part thereof, in its own name or in#he name of Trustee, and do any acts which it
<br /> deems necessary or desira6[e to preserve#he value, mar[cetability or renta6i[ity of the Propeny, or part of
<br /> the Property or interest in the Property; increase the income from #he Property or protect#he securi�Cy of
<br /> the Property; and, with or without ta[cing possession of the Progerry, sue for or otherwise co[lect the
<br /> rents, issues and profits of the Property, including those past due and unpaid, and apply the same, [ess
<br /> costs and expenses of operation and collection atCorneys' �ees,to any indebtedness secured 6y this Deed
<br /> of Trust, all in such order as Lender may determine. The antering upon and ta[cing possession o# the
<br /> Property, the collection of such rer�ts, issues and prafits, and the application thereof sha11 naE cure or
<br /> waive sny default or notice of defau�t under this Deed of Trust or inva]idate any act done in response to
<br /> such default or pursuant to such notice of defau[t; and, notwithstanding the continuance in possession of
<br /> the Property or the coflectian, receipt and application of rents, issues or profits, �rustee or LeRder shall
<br /> be entitled ta exercise every right provided for in the Note or t[�e Related Documents or by]aw upon the
<br /> occe�rrence of any event of de€ault, including the right to exercise the power of sale;
<br /> {b} Commence an action to foreclose this Deed of Trust as a mostgage, appoint a receiver or specifically
<br /> enforce any of the ca�enants hereof; and
<br /> {c) De[iver to Trustee a written declaration of defau[t and demand for sale and a written notice of default
<br /> and election to cause Trustor's interest in tne Property to be sold, which notice Trustee shall cause to he
<br /> duly filed for record in the appropriate offices of the County in which the Property is]ocated; and
<br /> {d} With respect to all or any part of the Persanal Property, Lender shall have a[I the rights and remedies
<br /> of a secured party under the f�ebraska CEniform Commercial Code.
<br /> Foreclosure by Power of Sale. lf Lender e9ects ta foreclose by exercise of the Power of Sa[e herein contained,
<br /> Lender shaEl notify Trustee and shall deposit with 7rustee this Deed of Trust and the Note and such receipts
<br /> and evidence of expenditures made and secured by this Reed of Trust as Trustee may require.
<br /> {a) Upon receipt of such noFice from Lender, Trustee sha[I cause to be recorded, published and delivered
<br /> to Trustor such Notice of Defau]t and f�otice of Sale as then required by law and by this Deed of Trust.
<br /> Trustee sha[I, withouY demand on Trustor, after such time as rriay then be required by ]aw and after
<br /> recordation of such Notice of Default and after Notice of 5ale having been given as rsquired by law, sell
<br /> the Property at the time and place of sale fixed by it in such NoYice of SaEe, either as a whale, or in
<br /> separate lots or parceSs or items as Trustee shall deem expedient, and in such order as iY rnay determine,
<br /> at public ae�ction to the highest bidder for cash in lawfiul r�oney of the United 5tates payable at the time
<br /> of sale. Trustee shalt deliver ta such purchaser or purchasers thereof its good and sufficient deed or
<br /> deeds conveying the property so sold, but without any co�enant or warranty, express or imp[ied. The
<br /> recitals in such deed of any matters ar facts sha[I be conclusive proo# of the truthfulness thereof. Any
<br /> person, including without limitation Trustor,Trustee, or Lender, may purchase at such sale.
<br /> {b} As may 6e permitted by law, after deducting all costs, �ees and expenses of Trustee and of this
<br /> Trust, including costs of evidence of title in connection with sale, Trus€ee 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#erms of the Note
<br /> not then repaid, including but not limited to accrued interest and 3ate charges, {ii} all other sums then
<br /> secured hereby, and {iii}the remainder, if any, to the person or persons legal[y enti#led thereto.
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