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DEC -26 -01 WED 08:32 PM FAX: PAGE 8
<br />DEED OF TRUST 200113522
<br />Loan No: 19196 (Continued) Page 4
<br />collateral document to create a valid and perfected security Interest or lien) at any time and for any reason.
<br />Death or Insolvency. The death of Trustor. the insolvency of Trustor, the appointment of a receiver for any part of Trustoes properly, 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 taws by or against Trustor.
<br />Taking of the Properly. Any creditor or governmental agency tries to take any of the Property or any other of Trustor's properly In which
<br />Lender has a Iles.' This includes faking of, garnishing of or levying on Truslor's accounts with Lender. However, if Trustor disputes in good
<br />faith whether the claim on which the taking of the Property is based is valid or reasonable, and if Trustor gives Lender written notice of the
<br />claim and furnishes tender with monies or a surety bond satisfactory to Lender to satisfy the claim, then this default provision will not apply.
<br />Breach of other Agreement. Any breach by Trustor under the terms of any other agreement between Trustor and Under that Is not
<br />remedied within any grace period provided therein, including without limitation any agreement concerning any Indebtedness or other
<br />.obligation of Trustor to Lender, whether existing now or later.
<br />Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surely, or accommodation party
<br />of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes
<br />the validity' of, a liability under, any Guaranty of the Indebtedness. In the event of a death, Lender, at Its option, may, but shall not be
<br />required to, permit the guarantor's estate to assume unconditionally the obligations arising under the guaranty In a manner satisfactory to
<br />Lender, and, In"doing s0, cure any Event Of Default.
<br />Insecurity. Lender in good faith believes itself insecure.
<br />Right to Cure. 0 such a fillure 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) if Truslor, after Lender sends written
<br />notice demanding cure of such failure: (a) cures the failure within thirty (30) days; or (b) If the cure requires more than thirty (30) days.
<br />Immediately. initiates stops sufficient to cure the failure and thereafter continues and completes all reasonable and necessary steps sufficient
<br />to produce compliance as soon as reasonably practical.
<br />RIGHTS AND REMEDIES ON DEFAULT. it,an Event of Default occurs under this Deed of Trust, at any time thereafter, Trustee or Lender may
<br />exercise any one Or more Of the following rights and remedies:
<br />Acceleration upon Default; Additional Remedies. It any Event of Default occurs as per the terms of the Note secured hereby, Lender
<br />may declare all Indebtedness secured by this Deed of Trust to be due and payable and the same shall thereupon become due and
<br />payable without 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 a court and
<br />without regard'to the adequacy of Its security, enter upon and take possession of the Property, or any part thereof, in its own name
<br />or In the name of Trustee, and do any acts which it deems necessary or desirable to preserve the value, marketability or rentability
<br />of the Properly, or part of the Property or interest in the Property; increase the income from the Property or protect the security of
<br />the Property; and, with or without taking possession of the Property, sue for or otherwise collect the rents, issues and profits of the
<br />Property, Including those past due and unpaid, and apply the same, less costs and expenses of operation and collection attorneys'
<br />foes,. to. any Indebtedness secured by this Deed of Trust, all In such order as Lender may determine. The entering upon and taking
<br />possession of ttfe Properly, the collection of such rents, issues and profits, and the application thereof shell not cure of waive any
<br />default: or notice of delault.under this Deed of Trust or Invetidate.any act done In response to such default or pursuant to such
<br />notice of default; and, notwithstanding the continuance in possession of the Property or th'e,cellection, receipt and application of
<br />rents, Issues or profits, Trustee or Lender shall be entitled to exercise every right provided for in the Note or the Related
<br />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 Dead of Trust as a mortgage, appoint a receiver or specifically enforce any of the
<br />covenants hereof; and
<br />(c) Deliver to Trustee a written declaration of default and demand for sale and a written notice of default and election to cause
<br />Trustor's interest in the Property to be sold, which notice Trustee shall cause to be duly filed for record in the appropriate offices of
<br />the County in 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
<br />the Nebraska Uniform Commercial Code.
<br />Fofeclosufe by power of Sale. If Lender elects to foreclose by exercise of the Power of Sale herein contained, Lender shell notify
<br />Trustee and shall deposit with Trustee this Deed of Trust and the Note and such receipts and evidence of expenditures made and
<br />secured by this Deed of Trust as Trustee may require.
<br />(a) Upon receipt of such notice from Lender, Trustee shall cause to be recorded, published and delivered to Trustor such Notice
<br />of Default and Notice of Sale as then required by law and by this Deed of Trust. Trustee shall, without demand on Truslor, after
<br />such, time as may then be required by law and. after recordation of such Notice of Default and after Notice of. Sale having been
<br />given is required by law, sell the Property at the time and place of sale fixed by it in such Notice of Sale, either as a whole, or in
<br />separate lots or parcels or Items as Trustee shall deem expedient, and in such order as It may determine, all public auction to the
<br />highest:bidder for cash in lawful money of the United Slates payable at the time of sale. Trustee shall deliver to such purchaser or
<br />purchasers thereof Its good and suficient deed or deeds conveying the property so sold, but without any covenant or warranty,
<br />express or. implied. The recilats in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any
<br />person, including without limitation Trustor, Trustee, or Lender, may purchase el such sale.
<br />(b) As may be permitted bylaw, attar deducting all costs, roes and expanses of Trustee and of this Trust, including costs of
<br />evidence of titre in connection with sale, Trustee shall apply the proceeds; of sale b payment of O all sums expended under the
<br />terms of this Dead of Trust or under the terms of the Note not Then repaid, including but not limited to accrued Interest and late
<br />charges, (it) all other sums then secured hereby, and (iii) the remainder, if any, to the person or persons legally entitled thereto.
<br />(c) Trustee may in the manner provided by law postpone sale of all or any portion of the Property.
<br />Remedies N61 Exclusive. Trustee and Lender, and each of them, shall be.entilled to enforce payment and performance of any
<br />indebtedness, or obligations secured. by this Deed of Trust and to exercise all rights and powers under this Deed of Trust, under the Note,
<br />under any of the Related Documents, or Under any other agreement or any laws now or hereafter in force; notwithstanding, some or all or
<br />such indebtedness an d' obligations secured by this Deed of Trust may. now or hereafter be otherwise secured, whether by mortgage, deed of
<br />trust, pledge, lien. assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, whether by court action or
<br />pursuant to the power of sale or other powers contained in this Deed of Trust, shall prejudice or in any manner affect Trustee's W Lenders
<br />right to realize Upon or enforce any other security now or hereafter held by Trustee or tender, it being agreed that Trustee and Lender, and
<br />each of them, shall be entitled to enforce this Deed of Trust and any other security now or hereafter held by Lender or Trustee in such order
<br />and manner as they or,elther of them may in their absolute discretion determine. No remedy conferred upon or reserved to Trustee or
<br />Lender, is Intended to be exclusive of any other remedy in this Deed of Trust or by law provided or permitted, but each shall be cumulative
<br />and shall be 16 addition to every other remedy given in this Deed of Trust or now .or hereafter existing at law or in equity or by statute. Every
<br />power or,remedy given by the Note, or. any of the Related Documents to Trustee or Lender or to which either of them may be otherwise
<br />entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Trustee or Lender,
<br />and either of them may pursue inconsistent remedies. Nothing in this Deed of Trust,shall be construed as prohibiting Lender from seeking a
<br />deficiency judgment against the Trustor to the extent such action is permitted by law..
<br />Election of Remedies. All Of Lenders rights and remedies will be cumulatlye and may be exercised alone or together. If Lender derides to
<br />spend money or. to.perform any of Trustor's obligations under this Deed of Trust, after Trustors failure to do so, Mat decision by Lender will
<br />not allect Lender's right to declare Trustor In default and to exercise ^Lender's remedies.
<br />Request for Nollce. Trustor, on behalf of Trustor and Lender, hereby requests that a copy of any Notice of Default and a copy of any Notice
<br />of Sale under this Died of Trust be mailed to them at the addresses set forth in the first paragraph of this Deed of Trust.
<br />Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Deed or Trust, Lender shall be entitled
<br />to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any court action Is
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