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03-21-1= DEED OF TRUST 101431 Pago 4 <br />Loan No 10238 (Continued) <br />SFZMnY AGREEIMEINT; FINANCING SrATEMENM The following provisions relating to this 0@0 of Trust as a security agreement we .a part of <br />Ifft Deed otTrust <br />Socurlty Agreement. This instrument shall constitute a security agnsernant to the extent any of the Property conelftutes lixturn or other personal <br />property, and Lienclar shall have sit of the fights of a secured party under the Nebraska Unions Conwrareld Code. <br />SOMW k0arest Upon "ON by Lender. Grantor 00 eactift financing statements and take whatever other action is requeslect by Lander to <br />pwW and ow*us Lenders security inrlereet In ft Rom and Personal Property. In addition to recording this Dead of Trust In the fed property <br />now* Lamier may. at any time and without ftifter authiortzWon from Grantor, go enculed counterparts. copies or reproductions of this Dead <br />Grardor shall reimburse Lender for all expenses Incurred In perfecting or continuing this security Inleraft Upon <br />'ddWLA GmM2r " assernble the Personal Property In a manner and at a place reasonably convorftffl to Grantor and Lender and mike It <br />wag" to LsIxfor within three (3) days after receipt of written damend from Lender. <br />Addresses. T?w mailing address of Grantor (debtor) and the mailing address of Lender (secured party) ftem wiNdt Infornubort ayncerning the <br />secudly Interest granted by this Deed of Trust may be obtained (each as required by the Nebraska Unitom CcffvvKdW Code) we as stated on <br />&a first pop of this Deed of Trust. <br />FUFMIER ASSURNICES. ATT0RNEV-IWfACr . The following ;m-49ccsmMnq to further am rances are a part of Iffm Deed of Thirst. . <br />FiartherAssusaws. At any 2-w, wd1=rWna to time. upon majasrof Lender. Grantor will mokv6 exacta &W deliver, or vA cause to be <br />MUK WUMW or deivered LIZ,, aor -d when reciueftcl by Lender,. cam to be Md. rem-d" railed. or <br />10 Lender's desiT" � a, <br />rmaconled, as the cm moy be iisuch'tirm and In mzh zSam ad places as Lender may dew appropfisWany and altwO,nnongagea, <br />deads of VM security deaf, security agreements, fln stmem continuation. radernarft Inalrurnards ct It.T.1her assuhm. carlificOW <br />-,wad other documents as m* in the sole opinion of Lender. be or dea-Abe In order to ellectuaw, cwrqkft. pwilem' continue. or <br />preserve (a) the ob4adons of Grantor under the Note, this Deed :=-Z and tho.r4s:ed Docurneftle. and (b),*�v liens auffs"fily Ifflerests <br />created by this Deed of Trust as first and prior (lens on the Property, whefther now cig I -� or hereafter acquired by Grantor. Ur I *mprohlbilad by <br />I&w or agreed to the contrary by Lender in wrifing. Grantor shall reimburse Lender ',w. all costs and expenses Incurred In oo.nm:ton with the <br />matters reWred to in this paragraph. <br />AlMomey-lb-Fact. If Grantor fails to do any of the things referred to in the precefM paragraph, Lender tray do go for and In the new of <br />Grantor and at Grantors expense. For such purposes, Grantor hereby Irrevocably appoints Lender as Grantors attorney-in-laczta the purpose <br />of making, executing, delivering, filing, recording, and doing ,ail other Vim <br />,a as rney be necessary or desirable, In Lender'• opinion. to <br />aororrpish lh;vrifatters releffedtD in the preceding paragraph. <br />FULL PERFORIIIIJIM&F, If Grar=r pm ell the Indebtedness when due and wlwwn* pacbrms all the obligations imposed upon a . m= under tha; <br />Deede Vust and' A%L.14:ore, Lwdcwuhall execute and deliver to Trustee a request for full reconveyance and shall exemas and deliver to GrarMT. <br />suite t= Wftmentscrawrrinaftaut any financing statement on file evidencing Lenders security Interest in the Rents and 1-ImSem-A Friparly. A T. <br />bylaw shall be paid by Grantor, it perfWad by applicable law. <br />DEFAULT. Each of the following shall consftm an Event of Default under this Deed of Trust: <br />DeWitt on Indebtedness. Failure of GranTcr to make any payment when due on the Indebtedness. <br />Default on Other P&pwwft FaRure of Crare-or within the time required by this Deed of Trust to make any payment fco; Wes or Insurance, of are <br />other payment necessary to prevent filing otorto effect discharge of any lien. <br />Cornplianice DehAdIL Failure to comply wfilz any other form, obligation, covenant or condition contained In this Deed of Trust the Note or In any <br />of the Related Documents. It such a failure Is curable and If Grantor has not been given a notice of a breach of the sum provisloji of this Deed of <br />Trust within the preceding twelve (12) months, it may be cured (and no Event of Default will have occurred) 0 Grantor, after receiving written notice <br />from Lender demanding cum of such failure: (a) cures the failure With fifteen (15) days. or (b) it the cure requires more t►ran fifteen (15) Op. <br />Imrnedistely Initiates steps suf5clent to cure the 1&;kjre and thereafter continuos and completes all reasonable and necessary steps sufficalea to <br />produce compliance as soon as reasonably practical. <br />Breaches. Any warranty, representation or statement made or furnished to Lender by or on behalf of Grantor under lira Good air Trust, the Now <br />or the Related Documents Is, or at the time made or furnished was. false In any material respect. <br />Insolvency. The Insolvency of Grantor, appointment of a receiver for any pail of Grantors prop", W1 assigrrvani -for the benefit of creditors, <br />the cornmermiment of any proceeding under any bankruptcy or Insolvency lam by or against Grantor, or the d%zoolution or termination of <br />GranWs existence as a going business (If Grantor Is a business). Except to the extent prohibited by federal law or Nebraska law, the death of <br />Grantor (if Grantor Is an Individual) also shall constitute an Event of Default under this Dead of Trust. - <br />FmK§nur% aft Commencement of foreclosure, whether by judicial proceeding, self-help, repossaEsion or any other method, by any creditor of <br />Grantor against sm of the Property. However, this subsection shall not apply In the event of a good faith dispute by Grantor as to the validity of <br />reasonableness of the claim which Is the basis of the foraclosure, provided that Grantor gives Lender written notice of such claim and furnishes <br />reserves or a surety bond for the claim satisfactory to Lender. <br />Breach of Other Agreement Any breach by Grantor under the terns of any other agreement between Grantor and Lender that Is not remedied <br />vhtNn any grace period provided therein, Including without limitation any agreement concerning any Indebtedness or other obligation of Grantor to <br />Lender, whothm existing now or low. <br />Evwb Affecting Guarantor. Any of the preceding events Occurs with respect to any Guarantor of any of the Indebtedness or such Guarantor <br />des of becomes Incompeleft Lander. at its option, may, but shall not be required to, ponnif the Guarantors estate to assume unconditionally the <br />obligalong wising under the guaranty In a manner saWact" to Lender, and, In doing so, cure the Event of DWautL <br />InsecAft. Lfwdv In good faith deems ftW. inspmu►,. <br />RIGHTS AND REMEDIES ON DEFAULT. Upon 111a a=m- ica of any Evera of Default and at any time thereafter, Trustee or Lender, at its option, may <br />exercise anyone or insane of JhA <br />ng rI9143 <br />'2 j1% addition to any othm fi ro <br />rights or modir— providod by law. <br />AecNetaftort upon Default; Additional Ren"&a. it any event of default occurs Lender shag send a written notice of right to cure to Grantor. <br />and If Grantor fails to cure the default wilki the tirne permitted by law, as per the terms of the Note secured hereby. Lender may declare all <br />Indebtedness secured by this Deed of Tnist To be due and payable and the same shall thereupon become due and payable without any <br />presentment, demand or protest of any kind, Thereafter, Lender may: <br />(a) Either In person or by agent with or without Wiging any action or proceeding, or by a receiver appointed by a court and without regard <br />to the adequacy of its security, enter upon and take possession of the Prop", or any part thereof, in Its own name or In the name of <br />Trustee, and do any acts which it doom necessary, or desirable to preserve the value, marketability of rentability of the Property. or part of <br />the Prop" of Interest In the Property, Increase the income from the Property or protect the security of the Property. and, with or without <br />t*Jng possession of the Property, sue for at otherwise collect the rents, Issues and profits of the Prop". Including those past due and <br />• <br />--I <br />MW <br />TT <br />ti <br />