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DEED OF TRUST RE- RECORDED <br />Loan No: 19454 2pp205023 (Continued) 200309320 Page <br />agreement, or any other agreement, in favor of any other creditor or person that may mate betty affect any of Trustofa property or Trustor's <br />ability to repay the Indebtedness or perform their respective obligations under this Dead of Trust or any of the Related Documents. <br />Falx Statements. Any representation or statement made or furnished to Lander by Trustor or on Trusta's behalf under this Dead of Trust <br />On the Related Documents Is false or misleading In any material respect, either now or at the time matle or furnished. <br />Defective Collateralleatlon. This Dead of Trust or any of the Related Documents ceases to be in full force and effect (including failure of any <br />collateral document to create a valid and perfected security Interest or lien) at any bran and for any reason. <br />Death or Insolvency. The death of Trustor, the insolvency of Trustor, the appointment of a receiver for any pad of Trustor's prop", any <br />assignment for the beceft of credlldrs, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or <br />insolvency laws by or against Truster. <br />TeMng of the Property. Any creditor or governmental agency has to take any of the Properly or any other of Trustor's property in which <br />Lender has a lien. This Includes taking of, garnishing of or levying on Trustor's accounts with Lender. However, if Trustor disputes in good <br />faith whether the claim on which the taking of the Properly a based is valitl or reasonable, and if Trustor gives Lender written notice of the <br />claim and furnishes Lander with monies or a surety bond satisfactory to Lender to sabefy the claim. then this default provision will not apply. <br />Breech 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 Aft.Ong Ga:.. -anbr. An7 of the, preceding events Occurs with respect to any guarentor, endmser, surety, or accommodation parry <br />of any of the Indebtedness a any guarantor, endorser, surety. Or accommodation parry dies or becomes Incompetent, or revokes a disputes <br />the validity of, or liability under, any Guaranty of the Indebtedness. In the event of a death, Lender, at Its option, may, but shall not be <br />required lo, permit the guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to <br />Lender, and, in doing so, cure any Event of Default. <br />Inwardly. Lender in good faith beffeves beef insecure. <br />Right to Cure. If such a failure 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) It Trustar, 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 steps sufficient to cure the failure and thereafter continues and completes all reasonable and necessary Steps sufficient <br />to produce compllance 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 may <br />exercise any one or more of the following rights and remedies: <br />Acceleration Upon Del Additional Remedies. If any Event of Default Occurs as per the terms of the Note secured hereby, Lender <br />may declare all Indebtedness secured by this Dead 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 pad thereof, In Its own name <br />or in the name of Trustee, and do any acts which it deems necessary a desiraba to preserve the value, marketability or rentability <br />of the Property, or pad 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 b or otherwise collect the rent, issues and probe of the <br />PropeM. Including those past due and unpaid, and apply the same, less cosh and expenses of operation and collection attorneys' <br />fees, to any Indebtedness secured by this Dead of Trust, all in such order as Lander may determine. The entering upon and taking <br />possession of the Property, the collection of such rents, issues and profit, and the application thereof shall not cure of waive any <br />default or notice of default under this Deed of Trust or invalidate any act done In response to such default or pursuant to such <br />notice of cafaull; and, natvdthstendirg the conflruancc is possession of Iho Properly or the collection, receipt and application of <br />rent, Issues or orofit,. Trustee or Lender shall be entit'ad to ""rake every right provided for in !ho Note or the related <br />Documents or by law upon the occurrence of any event of default, including the right to "amiss the power of sale; <br />(b) Commence an action to faredose this Deed of Trust as a mortgage, appoint a recelver or specifically enforce any of the <br />covenants hereof; and <br />(c) Denver to Trustee a written declaration of default and demand for sale and a wriften 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 fled for record In the appropriate offices of <br />the County In which the Properly is located: and - <br />(d) With respect to all Or any pad of the Personal Properly, Lander shall have all the rights and remedies of a secured party under <br />the Nebraska Uniform Commercial Code. <br />Foreclosure by Power of Sete. If Lender slects to foreclose by exercise of the Power of Sale herein contained, Lander shall nobly <br />Trustee and shall deposit with Trustee this Dead of Trust and the Note and such receipt 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 Lander, Trustee shall muse to be warded, published and delivered to Trustor such Notice <br />of Default and Notice of Said as then required by law and by this Deed of Trust. Trustee shall, without demand on Trustor, after <br />such time as may then be required by law and after recordation M such Notice of Default and after Notice of Sale having been <br />given as required by law, sell the Property at the time and place of Sale hand by It In such Notice of Sale, either as a whole, a in <br />separate lot or parcels or items as Trustee shall deem expedient, and In such order as It may determine, at public auction to the <br />highest bidder for cash In lawful money of the United States payable at the time of sale. Trustee shall deliver to such purchaser or <br />purchasers thereof Its good and sufficient dead or deeds conveying the properly so sold, but without any covenant or wamenty, <br />express or implied. The recitals in such dead of any mailers Or fact shalt be conclusive proof of the trubfulness thereof. Any <br />person, Including without limitation Tfustoq Trustee, or Lander, may purchase at such sets. <br />(b) As may be Permitted by law, after deducting it cast, fees and avpenses of Trustee and of this Trust, Including adds of <br />evidence of Nle In connection with seta, Trustee shall apply the proceeds of sale to payment of (i) all Sums expanded under the <br />terms of this Dead of Trust or under the terms of the Not. nut then repaid. including but not limited to accrued interest and late <br />charges. (If) all other sums than securetl thereby, and (Iii) the remainder, if any, to the person or parsons legally entitled thereto. <br />(o) Trustil may fn the ma:mer provided by law posiponc Sell, of 0 cr any portion of tine Properly. <br />Remedies Not Exclusive. Trustee and Lender, and each of them, shall be entitled 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 Dead 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 of <br />such Indebted ness and obligations secured by the Deed of Trust may now or hereafter be otherwise Secured, whether by mortgage, dead of <br />trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Dead of Trust nor it enforcement, whether by court action or <br />pursuant to the power of sea or other powers contained In this Dead of Trust, shall pri ludice or in any manner afect Trastee's or Lender's <br />right to realuxe upon a enforce any other security now or hereafter held by Trustee or Lender, it being agreed that Trustee and Lender, and <br />each of them, shell be entitled to enforce this Dead of Trust and any other security now or hereafter held by Lander or Trustee in such order <br />and manner as they a either of them may in their absolute discretion determine. No remedy cambered upon Or reserved to Trustee or <br />Lender, Is Intended to be exclusive of any other remedy In this Dead of Trust or by law provided or permitted, but each shall be cumulative <br />and shall be in 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 Lander from soaking a <br />deficiency Judgment against the Trustor to the extent such action is permitted by law. <br />Election of Remedies. All of Lender's right and remedies will be cumulative and may be exercised alone or together. If Lender decides to <br />spend money or to perform any of Trustor's obligations under this Dead of Trust, after Trustor's failure to do so, that decision by Lander will <br />