DEED OF TRUST 200307051
<br />Loan No: 777628 (Continued) Page 5
<br />provision of this Deed of Trust within the preceding twelve 112) months, it may be cured land no Event of Default will have occurred)
<br />if Truster, after Lender sends written notice demanding cure of such failure: lal cures the failure within ten (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 />Default on Other Payments. Failure of Trustor within the time required by this Deed of Trust to make any payment for texas or
<br />insurance, or any other payment necessary to prevent filing of or to affect discharge of any lien.
<br />False Statements. Any representation or statement made or furnished to Lender by Trustor or on Trustor 'a behalf under this Dead of
<br />Trust or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished.
<br />Detective Collateraliaani This Dead 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 Treater, the Insolvency of Trustor, the appointment of a receiver for any part at Trustor's property,
<br />any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any
<br />bankruptcy or insolvency laws by or against Trustor.
<br />Taking of the Property. Any creditor or governmental agency tries to take any of the Property or any other of Truster 'a property in
<br />which Lender has a lien. This includes taking of, garnishing of or levying on Trustor's accounts with Lander. However, if Truster
<br />disputes In good faith whether the claim on which the taking of the Property is based is valid or reasonable, and if Trustor gives
<br />Lander written notice of the claim and furnishes Lander with monies or a surety bond satisfactory to Lender to satisfy the claim, then
<br />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 Lander 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, surety, or accommodation
<br />party of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or
<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 Lander, and, in doing so, cure any Event of Default
<br />Insecurity. Lender in good faith believes itself insecure.
<br />Existing Indebtedness. The payment of any installment of principal or any interest an the Existing Indebtedness is not made within the
<br />time required by the promissory note evidencing such indebtedness, or a default occurs under the instrument securing such
<br />indebtedness and is not cured during any applicable grace period in such instrument, or any suit or other action Is commenced to
<br />foreclose any existing lien an the Property.
<br />Right to Cure. It such a failure is curable and it Trustor has not been given a notice of a breach of the same provision of this Deed of
<br />Trust within the preceding twelve (12) months, it may be cured (end no Event of Default will have occurred) if Trustor, after Lander
<br />sends written notice demanding cure of such failure: (a) cures the failure within ten 110) days; or (b) if the cure requires more than
<br />ten I10) days, immediately initiates steps sufficient to cure the failure and thereafter continues and completes all reasonable and
<br />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 Deed 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 some shall thereupon become
<br />due and payable without any presentment, demand, protest or notice of any kind. Thereafter, Lender may:
<br />is) 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 name or in the name of Trustee, and do any acts which it 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 Deed of Trust, all in such order as
<br />Lander may determine. The entering upon and taking possession of the Property, the collection of such rents, issues antl
<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 in response to such default or pursuant to such notice of default and, notwithstanding the
<br />continuance in possession of the Property 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 />Ile) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver or specifically enforce any of the
<br />covenants hereof; and
<br />Jet Deliver to Trustee a written declaration of default and demand for sale and a written notice of default and election to
<br />cause Trustor's interest In the Property to be sold 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 />(it) 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 nudity
<br />
|