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��15�3195
<br /> DEED �F TRUST
<br /> Loan Nv: S'I DD8'I 35 �Continued� Pag� 5
<br /> purchase ar sales agreement, �r any other agreement, in fa��r vf any other �reditor or person tha# may materially
<br /> affect any ❑f Grantor's prvperty or Grantor's a�ility to repay the Indebtedness or Grantor's ability to perform
<br /> Grant�r's obligations under this Qeed of Trust ar any❑f the R�lated Documents.
<br /> False Statements. Any �rva�ranty, representatian o� statement made or furnished to Lendes k�y Trustfl� or �n
<br /> Trust�r's behalf under this Deed of Trust �r the Related ❑�cuments is false or misleading in any material respect,
<br /> either now or at the time made or furnished or becomes fafse or misleading at any t�me thereafter.
<br /> DefectiWe Collateralization. This ❑eed of Trust or any of the Related Documents ceases to be in full force and
<br /> effe�t �including failure ot any coCEat�ral document ta create a �alid and perfectsd security interest or lieny at any
<br /> t�me and fvr any reason.
<br /> Death or Insol�ency. The death ❑f Trustor, the insol�ency of Trustor, the appaintment af a recei�er for any part of
<br /> Trustor's property, any asSignm�nt for the benefit of creditors, any typ� ofi creditor workout, or the
<br /> commencement of any proceeding under any bankruptcy or insol�ency lav►►s by or against Trustor.
<br /> Creditor or Farfeiture Proceedings. Commencement of f�reclvsure or forfeiture prviceed�ngs, whether by �ud�cia�
<br /> proceeding, self-help, repossessivn vr any other method, by any creditar of Trustor or by any g��ernmental agency
<br /> against any property securing the Ind�btedness. This in�ludes a garnishment of any of Trustor's accaunts,
<br /> including depasi# acc�unts, with Lend�r. Hvwe�er, this E�ent af Default shall not apply ifi there is a gaod faith
<br /> dispute by Trustor as to the �aiidity or reasonableness of the claim which is the basis of the creditar or torfeiture
<br /> prviceeding and if Trusto� gi�es Lender written notice vf the creditor or for�eiture proceeding and deposits with
<br /> Lender mvnies or a surety bvnd fvr the creditor vr fvrfeiture proceeding, in an amvunt determined by Lender, in its
<br /> sole discretion, as being an adequate r�ser�e ar bond for the dispute.
<br /> Brea�h of Qther Agreement. Any breach by Trustor under the terms of any other agreem�nt between Trustor and
<br /> Lender that is not remedied within any grace period p�o�ided therein, inciuding without limitatian any agreement
<br /> concerning any indebtedness or other obEigation of Trusto�to Lender, whether existing naw or�ater.
<br /> E�ents Affecting Guarantor. Any af the preceding e�ents occurs with respect to any guarantor, endvrser, surety,
<br /> vr accvmmodation party vf any of the Ind�btedness ❑r any guarantor, end�rser, surety, or ac�ommodation party
<br /> dies or becomes incompetent, vr re�akes or disputes the �alidity o#, ar liability under, any Guaranty of the
<br /> Indebtedness,
<br /> Ad�erse Ghange. A materia� ad�erse change occurs in Trustor's financial conditi�n, or Lender helie�es the
<br /> pr�spect af payment vr performan�e of the Indebtedn�ss is impaired.
<br /> Inse�ur+ty. Lender in govd faith beCie�es itselfi inse�ure. �
<br /> Exist+ng Indebtedness. The payment of any ins�allment of principal or any interest on the Existing Indebtedness is
<br /> not made within the tim� requir�d by the promissory nate e�idencing such indebtedness, �r a default occurs under
<br /> the �nstrument securing su�h indebtedness and is not cured during any appf�cable grace peri�d in such instrument,
<br /> or any suit vr other action is commen�ed to foreclose any existing lien on the Praperty.
<br /> RIGHTS AND R�MEDIES �N ❑EFAIJLT. tf an E�ent afi Default vccurs under this ❑eed of Trust, at any time thereafter,
<br /> Trustee or Lender may exercise any one or m�re of the f�llowing r�ghts and remedies:
<br /> A�celeration Upon Default; Additivnal Remedies. If any E�ent �f ❑efault occurs as per the terms o#the Note
<br /> secured hereby, Lender may de�lare al! �ndebtedness secured by this Deed of Trust t❑ be due and payable and
<br /> the same shall thereupvn t�ecome due and payab�e without any presentment, demand, p�otest vr notice of any
<br /> kind, Thereafter, Lender may:
<br /> �a} Either in persvn vr by agent, with �r withvut bringing any acti�n or proceeding, or by a recei�er
<br /> appointed by a court and without regard to the adequacy af its security, enter upon and take possession
<br /> af the Property, or any part thereof, in its own name vr in the name of T�ustee, and dv any acts which it
<br /> deems necessary or desirable to preser�e the �alue, mark�tability�r rentability of the Property, or part of
<br /> the Property vr interest in the Prvperty; increase the income from the Property or protect the security of
<br /> th� Property; and, with or without taking possessivn vf the Property, sue �or or otherwise coliect the
<br /> rents, issues and profits of the Property, including th�se past due and unpaid, and apply the same, less
<br /> costs and expenses of operation and collection a�torneys' fees, to any indebtedness secured by this Deed
<br /> of Trust, all in such �rder as Lender may determine. The entering upon and taking pvssession of the
<br /> Praperty, the collectian of such rents, issu�s and prafits, and the application thereof shall n�t cure or
<br /> wai�e any default or noti�e of defauft under this Deed o� Trust or in�alidate any act done in respanse to
<br /> such default ar pursuant to such notice of default; and, notwithstanding the continuance in possessi�n of
<br /> the Prvperty or the collection, receipt and application vf rents, issues or profits, Trustee o� Lender shall
<br /> be entitled to exer�ise e�ery right prv�ided for in the Nvte �r the Related Documents or by faw upon the
<br /> occurren�e ofi any e�ent of default, including the right to exercise the pvwer vf sale;
<br /> �b} Gvmmence an action to foreclose this Deed of Trus� as a mortgage, appoint a re�ei�er ar specifically
<br /> enfarce any vf the covenants hereaf; and
<br /> [c� Deli�er to Trustee a written de�laration af detault and demand for sale and a written notice of defiault
<br /> and ele�tion to cause�rustar's ir�terest in the Proper�y ta be sald, which notice Trustee shall cause to be
<br /> duly filed for re�vrd in the appr�priate offices of the County in whi�h th� Property is lacated; and
<br /> �d} With respect tv all or any part of the Personal Property, Lender shall ha�e all the rights and remedies
<br /> of a secured party under the Nebraska llniform CommerGial Code.
<br /> Forec�osure hy Power of 5ale. If Lender eleG�s to foreclose t�y e�ercise of the Pawer ofi Sale herein �ontained,
<br /> Lender sha�! nvtify Trustee and shall deposit with Trustee this Qeed of Trust and the Nvte and such receipts
<br /> and e�idence vfi expenditures made and secured t�y this Deed of Trust as Trustee may require.
<br /> �ay Upon receipt o�such n�tice frvm Lender, Trustee shall cause to be re�ord�d, published and deli�ered
<br /> t❑ Trusto� such Natice of De�ault and N�tice of Sale as then required �y law and by this Deed a#Trust.
<br /> Trustee shall, without demand on Trustor, after su�h time as may then be requtred by law and after
<br /> recordation vf such Notice �f Default and after NQtice of Sa�e ha�ing been gi�en as requ�red by law, sell
<br /> the Property at the time and place of sale fixed by it in such Notice o�f Sale, either as a whole, or in
<br /> separate Iots or parcels or items as Trustee shall deem expedient, and in suGh �rder as it may determine,
<br /> at public auction to the highest bidder for cash in lawful maney of the llnited 5tates payable at the time
<br /> of sale. Trustee shall deli�er to such purchas�r or purchasers therevfi its g�od and sufifiicient deed ar
<br /> d�eds con�eying the property so sold, but withvut any co�enan# or warranty, �xpress vr implied. The
<br /> recitals in such deed of any matters or facts shall be cvnclusi�e proof of the truthfulness thereof. Any
<br /> person, in�luding withvut limitation Trustor, �rustee, or Lender, may purchase at such sale.
<br /> .�by As may be permitted by law, aft�r deducting all Gosts, fees and expenses vf Trustee and �f this
<br /> Trust, including �osts ❑f e�idence of title in connectian with sale, Trustee shall apply the praceeds of sale
<br /> t❑ payment af �i� a�l sums �xpended under the terms o#this ❑�ed vf Trust or under the terms of the No�e
<br /> not then repaid, including but not I�mited t❑ accrued interest and late charges, tii� all other sums then
<br /> secured hereby, and �iiiy the remainder, if any,to the person or p�rsons I�ga�ty entitled thereto.
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