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<br />W-08-2000 ',, (,l S, DEED OF TRUST 200003920 Page a
<br />Loan No 25517 (Continued)
<br />FURTHER ASSURANCES; ATTORNEY4N -FACT. The following provisions relating to further assurances and attorney4n -fact are a part of this
<br />Deed of Trust.
<br />Further Assurances. At any time, and from time to time, upon request of Lender, Trustor will make, execute and deliver, or will cause to be
<br />made, executed or. delivered,. to Lender or to Lender's designee, and when requested by Lender, cause to be filed,; recorded, reffled, or
<br />rerecorded, as the case may be, at such times and to such offices and pieces as Lender may deem appropriate, any and all such mortgages,
<br />deeds of Mist, !scarify deeds, security agreements, financing statements, continuation statements, Instruments of further assurance, certificates,
<br />and other documents�,as may, In the sole opinion of Lender - be necessary or desirable In order to .effectuate, complete, perfect, continue, or
<br />preserve- (a) the obligations of Trustor under the Note, this Deed of Trust,: and the, Related Documents, and (b) the liens and security interests
<br />created by this Deed of Trust as first and prior liens on the Property, whether now owned or hereafter acquired by Trustor. Unless prohibited by
<br />law or agreed to the contrary by Lender in. writing, Trustor shall reimburse Lender for'all costs and expenses incurred in connection with the
<br />matters referred to in this paragraph.
<br />Atbrney4n -Fact. If Trustor fail to do any of the things referred to in the preceding paragraph, Lender may do so for and in the name of
<br />Trustor and at Trustoes expense. For such purposes, Trustor hereby Irrevocably appoints Lender as Trustoes attomey4n -fact for the purpose
<br />of making, executing, delvering, filing, recording, and doing all other things as may be necessary or desirable, in Lender's sole opinion, to
<br />accomplish the matters referred to In the preosdingl aragraph.
<br />FULL PERFORMANCE. If Truslor pays all the indebtedness when due, and otherwise performs all the obligations Imposed upon Trustor under this
<br />Deed of Trust, Lender shall execute and deliver to Trustee a request for full reconveyanos and shall execute and deliver to Trustor suitable
<br />statements of termination of any financing statement on file evidencing Lender's security Interest in the Rents and the Personal Property. Any
<br />reconveyanoe fee required by law shall be paid by Trustor, If permitted by applicable law.
<br />t:
<br />DuuxfaWtybn indet�adterae. 13aNure'cf Tfrleto"r to matalt any'}taymeM' whet► due on the indebtedness. ,
<br />Default on Other Payments. Failure of Trustor within the time required by this Deed of Trust to make any payment for taxes or Insurance, or
<br />any other payment necessary to prevent filing of or to effect discharge of any lien.
<br />Compliance Default. Failure of Trustor to comply with any other term, obligation, covenant or condition contained in this Deed of Trust, the
<br />Note or in any of the Related Documents.
<br />False Statements. Any warranty, representation or statement made or furnished to Lender by or on behalf of Trustor under this Deed of Trust,
<br />the Note or the Related Documents Is false or misleading in any material respect, either now or at the time made or furnished.
<br />Defective Collsterdlzadon. This Deed of Trust or any of the Related Documents ceases to be in full force and effect pncluding failure of any
<br />collateral documents to create a valid and peAectedsecurity interest or. lien) at any time and for piny reason.
<br />Death or'Insolvency. The death of Trustor, the Insolvency of Trustor, the appointment of a receiver for any part of Trustoes property, any
<br />assignment.for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or
<br />Insolvency laws by or against Trustor.
<br />Foreclosure, Forfeiture, etc: Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self -help, repossession
<br />or any other method, by any creditor of Trustor or by any governmental agency against any of the Property. However, this subsection shall not
<br />apply In the event of a good faith dispute by Trustor as to the validity or reasonableness of the claim which Is the basis of the foreclosure or
<br />forefelture proceeding, provided that Trustor gives Lender written notkxs of such claim and furnishes reserves or a surety bond for the claim
<br />satisfactory to Lender.
<br />Breach of Other Agreement. Any breach by Trustor under the terms of any other agreement between Trustor and Lender that is not remedied
<br />within any grace period provided theiln, Including without ilmltation any agreement concerning any indebtedness or other obligation of Trustor
<br />to Lender, whether existing now or later.
<br />Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedness or any Guarantor
<br />dies or becomes Incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. Lender, at its option,
<br />may, but shall not be aired to, permit the Guarantor's estate to assume n on i o tb��b1jQg�pd^°� -L the guaranlyJn -a
<br />Inn=*. Lender in good faith dean ft elf insecure.
<br />Right to Cure. If such a failure Is curable.and If Trustor has not, been given a notice of a breach of the same provision of this Deed of Trust
<br />within the preceding twelve (12) months, it may be cured (and no Event of Default will have occurred) lt Trustor, after Lender sends written
<br />notice demanding cure of such failure: (a) cures the failure within twenty (20) days; or (b) If the cure requires more than twenty (20) days,
<br />immediately Initiates steps sufficient to cure the failure and thereafter continues and completes all reasonable and necessary steps sufficient to
<br />produce compliance as soon as reasonably practical.
<br />RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Event of Default and at any time thereafter, Trustee or Lender, at Its option,
<br />may exercise any one or more of the following rights and remedies, in addition to any other rights or remedies provided by
<br />Acceleration upon Detyaft lAddiliond Remedies. If any event of default occurs as per the terms of the Note secured hereby,tender may
<br />declare all Indebtedness secured by this Deed of Trust to be due and payable and the same shall thereupon become due and payable without
<br />any presentment, demand, protest or notice of any kind. Thereafter, Lender may:
<br />(a) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by s court` and without
<br />regard to the adequacy of Its security, enter upon and take possession of the Property, or any part thereof, in Its own name or In the name
<br />of Trustee, and do any acts it deems necessary or desirable to preserve the value, marketability or rentability of the Property, or part
<br />of the Property or interest in the Properly; Increase the income from the Property or protect the security of the Property; and, with or without
<br />taking possession of the Property, sue for or otherwise collect the rents, issues and profits of the Property, Including those past due and
<br />unpaid, and apply the same, less costs and expenses of operation and collection, to any indebtedness secured by this Deed of Tent, all in
<br />such order as lender may determine. The entering upon and taking possession of the Property, the collection of such rents, Issues and
<br />profits, and the application thereof shall not cure or waive any default or notice of default under this Deed of Trust or invalidate any act
<br />done In response to such default or pursuant to such notloe of default; and, notwithstanding the continuance In'possession of the Property
<br />or the collection, receipt and application of rents, issues or profits, Trustee or Lender shall be entitled to exercise every right provided for In
<br />the Note or the Related Documents or by law upon the occurrence 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 morbam appolm a receiver or eMor" any of -tin covenants
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<br />(c) Deliver to Trustee a written declaration of default and demand for sale and a written notice of default and election to cause Trustoes
<br />Interest In the Property to be sold, which notice Trustee shall cause to be duly flied for record in the appropriate offices of the County in
<br />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 of a secured party under the
<br />Nebraska Uniform Commercial Code.
<br />Foreclosure by Power of Sale. If Lender elects to foreclose by excerdse of the Power of Sale herein contained, Lender shall notify Trustee and
<br />shall deposit with Trustee' this Deed of Trust and the Note and such receipts and evidence of expenditures made and secured by this Deed of
<br />Trust as Trustee may require..
<br />(a) Upon receipt of such notice from Lender, Trustee shall cause to be recorded, published and delivered to Tru stor:su ch Notice of Default
<br />and Notice of Sale as then required by and by this Deed of Trust. Trustee shall, without demand, on Trustor, after such time as may
<br />then be required by law and after 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 Safe, either as a: whole, or, in separate lots or parcels or, items as
<br />Trustee shall deem expedient, and in such order as it may determine, at public auction to the highest bidder for cash in lawful money of
<br />the United States payable at the time of sale. Trustee shall 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 warranty, express or implied. The root" in such deed of any matters
<br />or facts shall be conclusive proof of the truthfulness thereof. Any person, including without limitation Trustor, Trustee, or Lender, may
<br />purchase at such sale.
<br />(b) As may be permitted by law, after deductIM all costs, fees and expenses of Trustee and of this Trust, including costs of evidence of
<br />tills In connection with ear, Trustee shall apply the proceeds of sale to payment of p) all sums expanded under the terms of this Deed of
<br />Trust or under the terms of the Nols root that repaid, tndut>irg but not limited to l interest and Note charges, (1) all other sums then
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