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2� 17��897
<br /> DEED �F TRUST
<br /> �Continued� Paae �
<br /> purchass ar sales agreement, or any❑ther agreement, in fa�or o�any other creditar❑r person that may materia�ly
<br /> affect any of Grantor's property or Grantor's ability to repay the Indebtedness or Grantvr's abiiity ta perform
<br /> Grantor's obligations under this Deed of Trust o�any of the Related Documents.
<br /> False 5tatementa, Any warranty, rapressntation or statement made or #urnished #a Lender by Trustor or on
<br /> Trustor's behalf under this Deed of Trust or the Related Documents is false�r mis�ead�ng in any ma�terial r�s�e�t,
<br /> either nvw ar at the time made or furnished vr becomes false or misleading at any time thereafter.
<br /> Defe�t��e Cvllateral�zativn. This Deed o� Trust or any of the Related ❑ocuments ceases tv be in full far�e and
<br /> eff�ct �including #aiiure of any �ollateral document #o create a �alid and perfec#ed s�curity interest or lien� �t any
<br /> time and for any reason.
<br /> Dsath or Inso��en�y. The death of Trustor,the insol�ency of Trust�r. the appointment�f a recei�er fvr any part of
<br /> Trustar`s prvperty. any assignment far the benefit o� creditors� any type ❑f creditvr workout� or the
<br /> �vmmsncement o�any proceeding under any bankrup#cy or insal�ency laws hy or against Trustor.
<br /> Creditar ar Fvrfeitura Praceedings. Cvmmencement of forecl�sure or forfeiture proceedings, whether by �udicial
<br /> proceeding, self-help, repossession vr any other methvd, by any creditor of Trustar or hy any go�ernmental agency
<br /> against any property securing the indehtedn�ss. This includes a garnishment o# any of Trustor's accaunts,
<br /> including deposit accounts, with Lender. Howe�er, #his E�ent af Defauit shall not apply if there is a gv�d faith
<br /> dispute by Trustor as io the �a�idity or re�sanahlen�ss of th� claim which is the basis of the ��editor or�vrfeiture
<br /> prac�eding and if Trus#ar gi�es Lender written notice o� the creditor or #�rfei#ure prviceeding and deposits with
<br /> Lendsr monies or a sure#y hond fvr ths creditor or for��itur� proceeding� in an amount determined hy Lender, in its
<br /> sole discretinn. as k�eing an adequate reser�e vr h�nd for th�dispute.
<br /> Breach of�ther Agream�nt. Any breach by Trustvr under the terms of any other�greement hetween Trustor and
<br /> Lender tha# is not remedied wi#hin any grac� period pro�ided therein. including without limitation any agreement �
<br /> concerntng any indehtedness or other abligation of Trustor�o Lender, whether existing now ar later.
<br /> E�ents Affecting Guararytvr. Any of the preceding euents accurs with respect to any guarantor, endvrser. surety.
<br /> vr accommvdation party of any of the Indehtedness or any guarantvr, end�rser, surety, vr eccommodation party
<br /> dies flr be�omes incompetent, vr fe�okes or disputes the validity of, or liability under, any Guaranty o# the
<br /> lndehtedness.
<br /> Ad�arse Chenge. A mate�iai ad�erse change occurs in Trustor's fEnancial �ondition, or Lender be�ie�es the
<br /> prospect of payment or performance of the Indehtedness�s impaired.
<br /> lnsecurity. Lender in govd faith belie�es itself insecure.
<br /> Right to Cure. If any d�fault, oth�r than a default in paymgnt. is cu�able and if Trustor has nat heen g��en a notice
<br /> of a breach of the same pro�isian of this Deed of Trust within the pfeceding twel�e �12� months, it may he cured i#
<br /> Trustor. after Lender sends written notice to Trustar demanding cure af su�h defauit: �1� cur�s the default within
<br /> twenty ���� days; �r �2� if the cure requires more than twenty �ZD3 days, immediately ini#iates steps which
<br /> Lender deems in Lender's so�e discretion to he sufficient to cure the defeult and thereefter cvnt�nues and
<br /> completes all reasonable and necessary steps sufficient to produce complia�nce as soon as reasonahly pract�cal.
<br /> RIGHTS AND REME�IES aN DEFAIJLT. If an E�ent of ❑e#au�t�c�urs under th�s Deed of Trust� at any time thereafter,
<br /> Trustee or Lender may exer�ise any one or more of the fol�owing rights and remedies:
<br /> Acceleretion Upvn Defeult; Addit�on�l Remedies. If any E�ent of Defau�t occurs as per the terms of the Note
<br /> se�ured hereby, Lender may de�lare ali Indebtedness secured hy this D�sd of Trust to be due and payehle and
<br /> the same sh�ll thereupon becom�due and p�yable without any presentment,demand. protest or notice of any
<br /> kind. Thereafter, Lender may:
<br /> �af Either in persvn or hy agent, with or without bringing eny ection or proceeding, vr by a recei�er
<br /> appvin#�d by a court and wi#hout regard to the adequacy of its security, enter upon and take pvssession
<br /> af the Prvperty.or any part thereof. in i�s own name or in th�name of Trustee, and do any acts which it
<br /> deems necessary or desirahle to preser�e the►►alue, marketability or rentability of the Property, or pa�t of
<br /> the Property or interest in the Praperty; increase the incvme from the Property❑r protect�he se�urity o#
<br /> the Property; and, wfth or without taking possession of #h� Property, sue far or atherwise callect the
<br /> rents, issues and prvfits af the Property, including those past due and unpaid, and apply the same, less
<br /> costs and expenses af operation and collect'ron attorneys' fees, to any indebtedness secured by this Desd
<br /> of Trust. al1 in such order as Lender may determ�ne. The entering upan and taking possess�on of the
<br /> Property. the co�lectian o� such rents. issues and prafits, and the application thereof shall not cur� or
<br /> wai�e any de�aui#or nvtiGe o#de#ault under this ❑eed vf Trust or in�elidate any act dane in response to
<br /> such de#eult or pursuant ta such notice�f default; and, nvtwithstanding the con�inuance in poss�ssian of
<br /> the Property or the colle�tivn, receipt and application of rents, issues or prafi#s. Trustee or Lender shall
<br /> he en�itled ta exercise e�ery right pro►►ided far in the Note or the Relatad Documen#s a�hy iaw upan the
<br /> occurrence of any e�ent vf default. including the right to exercise the p�wer of sale;
<br /> �h� Commence an acti�n to fvreclose this Deed of Trust as a mortgage, appvint a recei�er or specifically
<br /> enforce any of the co��nants hereof; and ,
<br /> �cy De�i�er t❑Trustee a written declaration of default and demand for sale and a written nvtice of defauit
<br /> and election to�ause Trustor's interest in the Prvper#y to he sald, which natice Trustee shall cause to be
<br /> duly filed for recard in the appropriate offices❑f the County in which the Property is locatad; end
<br /> (d� Vllith respect to afl or any part of the Persvnal Property, Lendgr shall ha�e al!the rights end remedies
<br /> vf a secured party under the Nebraska lJniform Commercial Code.
<br /> Foreclosura by Pvwer of Sale. �f Lender elects to f�reciose by exercise of the Power of Sale herein contained.
<br /> Lende�shall notify Trustee and shall depasit with Trustee this �eed of Trust and the No#e and such receipts
<br /> and e�idenc�of�xpenditures made and secured hy this Deed of Trust as Trustee may require.
<br /> �ay Upon receipt of such notice tr�m Lender, Trustee shall cause to be reco�ded, pubiished and deli�ered
<br /> to Trustvr such Notice of Default and Notice of 5ale as then required hy �aw and hy this Deed of Trust.
<br /> Trustee shall, withaut demand on Trustor� after such time as may then be required by law and efter
<br /> reca�dation of such Noti�e vf Default and after Notice of Sale ha►►ing been gi�en as rgquired by law. sefl
<br /> the Property at the time and place of s�le fixed hy it in such Notice flf 5ale, either as a whole, or in
<br /> separate lots or parcels��items as Trustee shall deem expedient, and in such order as it may det�rmine.
<br /> at public auction to the highest bidder fvr cash in lawful maney of the United States payable at the time
<br /> vf sale. Trustee shall deli�er to such purchaser or purchasers thereof its gaod and su##icient dsed ar
<br /> deeds cvn�eying the property so sold. but without any co�enant vr warranty. express or implied. The
<br /> recitals in such deed of any matters or facts shall he c�nclusi�e proof of the truthfulness there�f. Any
<br /> person, including without limi#ation Trust�r� Truste�. or Lender. mey purchase at such sale.
<br /> tbf As may be permitted hy iaw, after dedu�ting all casts, fees and expenses of Trustee and of this
<br /> Trust, inciuding costs of e�idence of title in connection with sale,Trustee shell apply the proceeds of sale
<br /> to payment❑f �if ail sums expended under the terms af this�eed of Trust or under the tsrms af the Note
<br /> not then repaid, including but not limited to accrued inter�st and 18ts charges, �iiy all other sums #hen
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