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<br /> 25. Events of Defau/t.,Each of the fol%wing occunences shall constitute an event of default hereunder, (hereinafte�an "Event of Default"l:
<br /> lal Any amount payable under the Obligations secu�ed by this Deed of Trust is not paid when due, after giving effect to any applicable
<br /> grace period therein,
<br /> (bl Trustor is otherwise in default under the terms of ihe Obligations,
<br /> (cl Tiustor fails to observe or perform any of the covenants, agreements, or conditions in this Deed of Trust,
<br /> (d1 Any representation or warranty including, but not limited to, any war�anty of title made by Tiusto�in this Deed of Trust is false o�
<br /> materially misleading, o�
<br /> (eJ Trustor sells or conveys the T�ust Prope�ty, or any part thereof, or any inierest therein, or is divested of its title, or any inte�est
<br /> therein, in any manner or way, whether voluntarily or involuntarily, without the prior written consent of Beneficiary.
<br /> 26. Acce%ration of Debt;Forec%suie. Upon the occurrence of any Event of Defau/t, or any time thereafter unti/such Event of Defau/t is
<br /> cured to the satisfaction of Beneficiary, Beneficiary may, at iis option, declare all Obligations secured hereby immediate/y due and payable
<br /> and the same shall bear interest at the default rate, if any, set forth in the Note or the default rate,if any, sei forth in the most recent
<br /> obligation covered by the Guaranty, or otherwise at the highest rate permitted by law, and, irrespective of whether Beneficiary exercises
<br /> said option, it may, at its option and in its so%discretion, without any further notice or demand to or upon Trustor, do one or more of
<br /> the following:
<br /> la/ Beneficiary may enter upon, take possession of, manage and operate the Trust Propeny or any part thereol,•make repairs and
<br /> alterations and do any acts which Beneficiary deems proper to protect the security thereof, and either with o�without taking
<br /> possession, in its own name, sue for or otherwise collect and receive rents, issues and profits, including those past due and unpaid, and
<br /> apply the same, less costs and expenses of operation and collection, including reasonable attorneys'fees and Beneficia�y s costs, upon
<br /> the Obligations secu�ed hereby and in such orde�as Beneficiary may determine. Upon�equest of Beneficia�y, Trustor shall assemble and
<br /> shall make available to Beneficiary any of the Trust Property which has been removed. The entering upon and taking possession of the
<br /> Tiust Property, the collection of any�ents, issues and profits, and the application thereof as aforesaid, shall not cure or waive any
<br /> default theretofore or the�eafter occurring, o�affect any notice of defau/t or notice of sale hereunder o�invalidate any act done pursuant
<br /> to any such notice. Notwithstanding Beneficrary's continuance in possession or receipt and application of rents, issues or profits,
<br /> Beneficiary shall be entitled to exercise every right provided for in this Deed of T�ust or by law upon or after the occur�ence of an Event
<br /> of Default, including the right to exercise the powe�of sale. Any of the actions refened to in this Section may be taken by Beneficiary at
<br /> such time as Beneficia�y may determine without regard to the adequacy of any security fo�the Obligations secured hereby.
<br /> (bJ Beneficiary shall, without regard to the adequacy of any security/or the Ubligations secured hereby, be entitled to the appointment
<br /> of a receiver by any court having jurisdiction, without notice, to take possession of,p�otect, and manage the T�ust Property and operate
<br /> the same and col%ct the rents, issues and p�ofits therefrom.
<br /> (cl Beneficiary may bring any action in any court of competent jurisdiction to forec/ose this Deed of Tiust or enforce any of the
<br /> covenants hereof.
<br /> (dl Beneficiary may e%ct to cause the Trust Property or any part thereof to be sold under the power of sale, and in such event,
<br /> Beneficiary o� T�ustee shall give such notice of default and notice of sale to each party to this Deed of Trust by mail at the address set
<br /> forth herein and any other notice which may be then required by law. Thereafter, upon ,*he expiration of such time and the giving of
<br /> such notice of sale as may then be required by law, Tiustee, at the time and place specified by the notice of sale, shall sell such Trust
<br /> Prope�ty, or any part thereof specified by Beneficiary at public auction to the highest bidder fo�cash in lawful money of the United
<br /> States of America. Upon�eceipt of payment of the bid price, Trustee shall apply the proceeds in the following order: /i) to the cost and
<br /> expenses of exercising the power of sale and of the sale, including but not limited to, trustee's fees of not more than 5500.00 plus
<br /> one-half of one percent of the gross sale p�ice, and reasonable attorneys'fees, (ii/ to the Obligations, and/iiiJ the excess, if any, to the
<br /> person or persons legally entitled thereto.
<br /> All costs and expenses incuned by Beneficiary in enforcing any right under this Deed of Trust, including without limitation, abstract or title
<br /> fees, appraisal fees,p�emiums for title insurance, attorneys'fees and court costs, shall be and constitute Obligations secured hereby.
<br /> 27. Duties of Trustee. Trustor ag�ees that:
<br /> (aJ The duties and obligations of Trustee shall be determined so%ly by the express provisions of this Deed of Trust and Trustee shall not
<br /> be liable except for the performance of such duties and obligations as are specifically set forth herein, and no implied covenants or
<br /> obligations shall be imposed upon Trustee,
<br /> (b/ No provision of this Deed of Trust shall requi�e Tiustee to expend or�isk its own funds, or othe�wise incur any financial obligation in
<br /> the performance of any of its duties hereunder, or in the exercise of any of its rights or powers,
<br /> (cl Trustee may consult with counsel of its own choosing and the advice of such counsel shall be full and complete authorization and
<br /> protection in the respect of any action taken or suffered by it hereunder in good faith and�eliance thereon, and
<br /> (d) T�ustee shall not be liable for any action taken by it in good faith and reasonably believed by it to be authorized or within its
<br /> discretion or rights or powers conferred upon it by this Deed of Trust.
<br /> 28. Security Agreement and Fixture Fi/ing. Fiom the date of its�ecording, this Deed of Trust shall constitute a security agreement and
<br /> fixture filing under the p�ovisions of ihe Nebraska Uniform Commercial Code with respect to those fixtures described in the p�eambles hereof
<br /> as constituting a part of the Trust Prope�ty, together with al1 other property of Trustor, either similar or dissimilar to the same, now or
<br /> hereafter located at or on the Tiust Property. For this purpose, the following information is set forth:
<br /> (al Name and Address of DebtoNTrustor: (61 Name and Address of Secured Pa�ty/Beneficiary:
<br /> Young Women's Christian Association of Norwest Bank Nebraska, National
<br /> Grand Island, Nebraska Association
<br /> 234 E 3rd St 202 West Third Street
<br /> Grand Island, NE 68801 Grand Island, NE 68801
<br /> lcl Debtor's Social Security Number/Fede�al Taxpaye�l.D. Number 470415815
<br /> /d) This document covers goods which are or are to become fixtu�es.
<br /> le) The name of the record owner of the Trust Prope�ty is the Debtor/Tiusto�described above.
<br /> 29. Future Advances. Beneficiary, at Beneficiary's option,prior to full reconveyance of the Tiust Prope�ty by Trustee to T�ustor, may make
<br /> future advances to Trustor. Such future advances, with interest thereon, shall be secu�ed by this Deed of Trust. At no time shall the principal
<br /> amount of the Obligations secured by this Deed of T�ust, not including sums advanced to protect the secu�ity, exceed the total sum of
<br /> $ 500 000 00
<br /> Nothing he�ein contained shall imply any obligation on the part of the Beneficiary to make any such additional advances.
<br /> Advances of disbursements made by Beneficiary to protect the security, under the terms he�eof, while discretionary, shall not be deemed to
<br /> be optional advances.
<br /> 30. Reconveyance. Upon payment of all Obligations secured by this Deed of Tiust, Beneficiary shall request Trustee to reconvey the Trust
<br /> Property and shall sunender this Deed of Trust and all notes evidencing Obligations secured by this Deed of T�ust to Trustee. Trustee shall
<br /> reconvey the T�ust Property without warranty and without charge to the person or pe�sons legally entitled thereto. Such person or persons
<br /> shall pay all costs of reco�dation, if any.
<br /> 31. Substituie Trustee. Beneficiary, at its option,may from time to time remove Tiustee and appoint a Successor Trustee to any Trustee
<br /> appointed hereunder by an inst�ument recorded in the county in which this Deed of Trust is recorded. Without conveyance of the Trust
<br /> Property, the Successor Trustee shall succeed to all title,power and duties conferred upon Tiustee herein and by applicable law.
<br /> 32. Misce/%neous Righis ot Beneficiary. Beneficiary may at any time and fiom time to time, without notice, consent to the making of any
<br /> plat of the Tiust Property or the creation of any easement thereon or any covenants restricting use or occupancy thereof o�agree to alter or
<br /> amend the te�ms of this Deed of Trust. Any persona/property�emaining upon the T�ust Property after the Tiust Property has been possessed
<br /> or occupied by Beneficiary, its agent or any purchaser fol%wing Trustee's sale or forec%sure, or under any deed in/ieu of Trustee's sale or
<br /> forec%sure, shall be conclusively presumed to have been abandoned by Trustor.
<br /> 33. Trusior hereby requests that a copy of any notice of defau/t and notice of sa/e made or executed by Tiustee pursuant to the provisions
<br /> hereof be sent to Trustor at its mailing add�ess set forth above.
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