DEED OF TRUST 20030198+1
<br />Loan No: 776665 (Continued) Page 5
<br />Detective Dollaterelization. This Deed of Trust or any of the Related Documents ceases to be in full force and effect )including failure
<br />of any 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 Borrower or Traitor, the insolvency of Borrower or Truster, the appointment of a receiver for any
<br />part of Borrower's or Trustor's property, any assignment for the benefit of creditors, any type of creditor workout, or the
<br />commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower or Trustor.
<br />Taking of the Property. Any creditor or governmental agency tries to take any of the Property or any other of Borrower's or Truster 'a
<br />property in which Lender has a lien. This includes taking of, garnishing of or levying on Borrower's or Trustor's accounts with Lender.
<br />However, if Borrower or Truster disputes in good faith whether the claim on which the taking of the Property is based is valid or
<br />reasonable, and if Borrower or Trustor gives Lender written notice of the claim and furnishes Lender with monies or a surety bond
<br />satisfactory to Lender to satisfy the claim, then this default provision will net apply.
<br />Breach of Other Agreement. Any breach by Borrower or Truster under the terms of any other agreement between Borrower or
<br />Trustor and Lender that Is not remedied within any grace period provided therein, including without limitation any agreement
<br />concerning any indebtedness or other obligation of Borrower or Truster to Lender, whether existing now or later.
<br />Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation
<br />party of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes mpetent, n
<br />revokes or disputes the validity of or liability under, any Guaranty of the Indebtedness. In the event of a death, Lender, at its option,
<br />may, but shall not be required to, permit the guarantor's estate to assume unconditionally the obligations arising under the guaranty In
<br />a manner satisfactory to Lender, and, in doing so, cure any Event of Default.
<br />Insecurity. Lender in good faith believes Itself insecure.
<br />Right to Cure. If such a failure is curable and if Borrower or Truster has not been given a notice of a breach of the same provision of
<br />this Decd of Trust within the preceding twelve 112) months, it may be cured (and no Event of Default will have occurred) if Borrower
<br />or Toaster, after Lender sends written notice demanding cure of such failure: (a) cures the failure within tan (10) days; or (b) if the
<br />cure requires more than ten (10) days, immediately initiates steps sufficient to cure the failure and thereafter continues and completes
<br />all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical.
<br />RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Dead of Trust, at any time thereafter, Trustee or Lender
<br />may exercise any one or more of the following rights and remedies:
<br />Acceleration Upon Default; Additional Remedies. If any Event of Default occurs as per the terms of the Note secured hereby,
<br />Lender may declare all Indebtedness secured by this Dead of Trust to be due and payable and the same shall thereupon became
<br />due and payable without any presentment, demand, protest or notice of any kind. Thereafter, Lender may:
<br />(al 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
<br />own e or in the name of Trustee, and do any acts which if deems necessary or desirable to preserve the value,
<br />marketability or rentability of the Property, or part of the Property or interest in the Property; increase the Income from the
<br />Property or protect the security of the Property; and, with or without taking possession of the Property, sue for or otherwise
<br />collect the rents, issues and profits of the Property, including those past due and unpaid, and apply the same, less costs and
<br />expenses of operation and collection attorneys' fees, to any Indebtedness secured by this Dead of Trust, all in such order as
<br />Lender may determine. The entering upon and taking possession of the Property, the collection of such rents. Issues and
<br />profits, and the application thereof shall not cure or waive any default or notice of default under this Deed of Trust or
<br />validate any act done n espouse to such default or pursuant to such notice of default; and, notwithstanding the
<br />continuance in possession of the Properly or the collection, receipt and application of rents, issues or profits, Trustee or
<br />Lender shall be entitled to exercise every right provided for In the Note or the Related Documents or by law upon the
<br />occurrence of any event of default, including the right to exercise the power of sale;
<br />Ib) Commence a action to foreclose this Deed of Trust as a mortgage, appoint a receiver or specifically enforce any of the
<br />covenants hereof; and
<br />Ic) Deliver to Trustee a written declaration of default and demand for sale and a written notice of default and election to
<br />use Toaster's interest in the Property to he said, which notice Trustee shall cause to be duly filed for record In the
<br />appropriate offices of the County in which the Property is located; and
<br />Id) With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party
<br />under the Nebraska Uniform Commercial Code.
<br />Foreclosure by Power of Sale. If Lender elects to foreclose by exercise of the Power of Sale herein contained. Lender shall 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 pond 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 Truster such
<br />Notice of Default and Notice of Sale as then required by law and by this Deed of Trust. Trustee shall, without demand on
<br />Truster, after such time as may then be required by law and after recordation of such Notice of Default and after Notice of
<br />Sale having been given a s required by law, sell the Property at the time and place of sale fixed by It in such Notice of Sale,
<br />either as a whole, or in separate lots or parcels or items as Trustee shall deem expedient, and In such order as it may
<br />determine, at public auction to the highest bidder for cash in lawful money of the United Stales payable at the time of sale.
<br />Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient deed or deeds conveying the property so
<br />sold, but without any covenant or warranty, express or Implied. The recitals In such dead of any matters or facts shall be
<br />conclusive proof of the truthfulness thereof. Any person, including without limitation Truster, Trustee, or Lender, may
<br />purchase at such sale.
<br />(bl As may be permitted by law, after deducting all costs, fees and expenses of Trustee and of this Trust, Including costs of
<br />
|