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10 -03 FRI 02:23 PM FAX: PAGE 18
<br />Loan No: 19647
<br />DEED OF TRUST
<br />(Continued)
<br />200300479
<br />Page 4
<br />agreement, or any Other agreement, In fear of any other creditor a parson that may materially affect any of Trusta's Chico" or Truster's
<br />abmay to repay the indebtedness or perform their respective obligations under this Dead of Trust er any of the Related Documents.
<br />False Statements. Any representation or statement mods Cr twittered iq Lender by Truster or on Tmslys behalf under this Deed of Trust
<br />or the Hale led. Documents is false or misleading in any rnalerim respect, either now or At the IN made or furnished.
<br />DOfecUVe Cofefarekndon. This Dead of Trust or any of the Related Documents ceases to be In full force and affect ( including hours of any
<br />collateral document to Create a Valid and mill security interest a Ilan) at any lime and for any mason.
<br />Death or Insolvency. The death of Tluma, the insohrency of Tricolor, the appontment a a worker for any pad of Tr aloes property, any
<br />assignment for the benefit of crewom, any type of Creditor wakail, or the wmmencemsnl of any PMOSsa ing under any bankruptcy or
<br />IradVancy laws by or against Trager.
<br />Taking Of the Property. Any creditor a gowrnmentl agency tries to lake any Of the Property or any other of Tnatora property in which
<br />Lender has a roan. This includes taking oL ganlsrdng of or Islyfrq On Thlda9 accounts with Lends. However, tl Truster disputes in good
<br />tam whefNer the claim on which IN taking of IN Prop" Is based to wall or aluximi le, and lt Truster owe Lender woken notice of the
<br />clam and furnishes Lender with monies a a surety bond safigNotwyto Lena to satisythm Claim, then this default Provision will net apply.
<br />Burch of Other AAaement. Any breach by Truator under the terms of any other agreement between Truster and Lender that is not
<br />remedied Within any grace period provided Ihersin, including without lactation any agreement concerning; any Indebtedness a other
<br />obligation of Truster to Lender, whether setting now or, later.
<br />Events Affecting Guarantor. Any of the preceding etyma' occurs with respect to any Guarantor of any of me Indebtedness or any
<br />Guarantor dies or becomes incompetent, a revokes or dapules the validity qt, a uabirly Tinder, any Guararrty, of the Indeara ft ss. In the
<br />event of a death. Lender, at its oplion, may, but shall not be required to, permit the Guarantor's estate to assume unconditionay, me
<br />obligations arcing under the guaranty in a manna safisfectory to Lender, and, In doing so, cure eery Ewre of Default.
<br />W eecvrfry. Lender in good faith bakeries Itself msecum
<br />Right W Cure. If such a failure is curable an If Trusts has no been glwn a notice of a breach o the same prowson of this Deed of Trust
<br />within the preceding pvelw (12) months, g may be cured (and no Ewnt of Default will haw Occurred) it Trysts, aka Lander sends wmfan
<br />notice demanding cure of such failure: (a) cures the fmlum within mirly(30) days; a (b) it the Owe requires more than they (30) clays.
<br />immediately Ini ate maps $wfiCem 10 Cad the failure and thereafter con inuaa and Completes all reasonable and necessary steps sufficient
<br />W produce compliance AS soon as reasonably practical.
<br />RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default Occurs under this Deed of Trust, at arty time musalfar, Trustee or Lender my
<br />exercise any one or more of the following rights and remedies:
<br />Acceleratlon Upon Caul Additional Remedee. If any Event of Default Ceditd at par the terms of the Note Secured hereby, Lander
<br />may declare all Tndebtaccess secured by this Deed of Trust to be clue and payable an the same shall thereupon become dire and
<br />payable Without any presentment, demand, protest or ni of any kind. Thereafter, Lender may:
<br />(A) Ellher to paten or by agent, with Of without bringing any action or proceeding, a by a Colander appointed by a court and
<br />.➢hoot regard to the adequacy of is security, enter upon and take pasradan of the prop", a any Part thereof. in its own name
<br />Or in the name of Trustee, en do any acts which it diems necessary a deamble to material ft value, memeta arty a rerdabglly
<br />o like Property, or pail of me Properly, or interest In the Property; morwss the Income from the Propriety a protect me secudy W
<br />the Property, and; with a without taking poser5eion'm to Property, sire M a otherwise Cori the rents, issues and profit o the
<br />Propery, inchating those post due and unpaid, and apply the f ama less costs and expanses of operation and collection Akornow,
<br />fees, to any inebledness secured by the Deed of Trust, All in such soar a Lender may determine. The entering upon and taking
<br />possession of me Property, the coleCton of such !em. Issues and profit, and the Application thereof shag not cure m wase arty
<br />dofauft or notice of default under this Dead of Trust a invakdefte any act done in mapema to such default or pursuant to such
<br />notes of default and, notwithstanding the contire arms in possession of the Property Or the ocllection, recapt and application of
<br />rents, tSues a protets, Trustee or Lender shag be entitled 10 memise every right provided for in the Note or lea posted
<br />Document a by low upon the occurrence of Any Mint Of default, Including the right to exercise the power of sell;
<br />(b) Commence an action t0 folmool this Deed of Trust es a mortgage, appoint a recolwr a specifically enforce any of the
<br />cownanis hereof: and
<br />to) Deliver to Trustee a written dwAmtlon of default and demand for sae and a written rctice of default and Glai to cause
<br />Trustore interest in the Property to be sold, which notice Trustee shell cause to be duty filed for record In the appropriate ofNr:es of
<br />the County In which the Propedy Is located: and
<br />(d) Win respect to all or Any part of the Personal Property, Lender shag haw SIT the rights and remedies of a secured patty uner
<br />the Nebraska Uniform Commerctl Cold.
<br />Foreclosam by Power of Sale. If Lander elects to foreclose by arercoe of the Power of Sale herein contained, Lender sham nary
<br />Trustees and shag deposit wm Trustee this Deed of Trust antl the Note and such receipt and avicetce of expendifurea made and
<br />Sol by this Deed of Trust es Trustee may require.
<br />(a) Upon receipt of such notice from Loner, Trustee shall Cause to be recorded, published and delhrewl to Truster such Notice
<br />of Do milt and Notice of Safe as than required by law antl by this Deed of Trust. Trustee shag, withoad demand on Truser, altar
<br />such limo se may then be regsad by law and Stuff MOOrdafion of such Notice of Default and after Notice of Safe having been
<br />given As required, by law, sell the Property at the tinier and Para a Sato Feed by It in such NOUN of Salo, either as a whole, or in
<br />separate lot a parcas Or dams as Trustee shall doom saedil an in such weer AS a may datemim, at public auction to the
<br />highest bidder fa cash In Iewlul' money of the United States payable at IN time of tae. Trustee shag delver 10 such pumas:er Or
<br />purchasers thereof Its good and sufficient dead or4cotle conveying the property so sold, but without any comment or womanly,
<br />express a implied. The recitals in such dead Of any asters or toots shell be cw OIUshe proof of its buthfulmer thereof. Any
<br />person. Including without limitafibn Trustor, Trustee, or Lender, may purchase at such sale.
<br />(b) As may be Paradise by law, agar deducting all cool, lace and enremes of Trustee and of this Trust, Including costs ot
<br />olderce of M in Connection with sale, Trustee shag apply the proceeds of aetif to payment of (i) all sums expended under the
<br />terms of this Deed of Tract a under the terms of the Note no then repaid, including but not limled W accrued Interest an let&
<br />charges, (it all Omer sums then secured hereby, and (iii) Has remainder, if airy, to the person or pawns legacy Stated geretp.
<br />(0) Truses may in the manner providad by low postpone sale of all or arty potion otwo property,
<br />Rearediee. Not Evdusivm. Trustee and Lander, and each of them, shelf be emitted to enforce payment and performance of any
<br />Indebtedness or obligations, secured by this End of Trust and to exercise all rights and powers undo, this Dead of TnM, ender fee tics,
<br />under any of N Related Documents, or under any Other agrSeniant or any laws now a IruP9tler In face: notwithstanding, some a all o
<br />such Indebtednus And obligations secured by this Deed of Trust may how or hersefta be Otherwise secured. wlretha by momarms. dean of
<br />Isegnmpm or whorl sooner IN =0126 s of his Dead of Trust nor as enforcement, whether by court action or
<br />as of sale or other powers contained in We Dead of Tim, shall prejudice or in any manner affect Trufstee's or Landers
<br />, or ant" any other security now or h rreahmr held by Trustee a Lana, lt being agreed trot Trustee an Lender, and
<br />be entitled to lnforos this Deed of Trust an any otter secudt now a ha ft held by Lander Or Trustoe in such order
<br />y or either of them may in their absdde discretion dafarmin, No remedy conferred upon or reserved to Trader a
<br />iC be aWiviwe of any other remedy in thus Dead of Trust a by law provfdod or permuted, but each shall be ownsi
<br />flop to every other remedy giwn in Hits Deed of Trust or now or hereafter exureg at law a In equity or by statue. Ewry
<br />Icon by the Note, or'any of the Related Document to Trustee Or Larider or to which ellher of them may be Otherwise
<br />mifed, concurrently or Independently, from time to was and As often As may be deemed expedled by Trustee or Loni
<br />nay pursue Ineeatelenf comedies, Nolhing In this Deed of Trust shell be Corwlrbed AS prohibiting Lander from seeking a
<br />Against IN Truslor to the Indent such action Is Pemted by law.
<br />fee. All of Lenders rights and mmedies cola be cumoatiw and may be aerdised alone or together. If Lander dodder to
<br />perform any of Trustoes Obligations under the Deed of Tral aka Thames faffure W do so, met decision by Lender will
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