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2 0 0 2 0 0 6 4 9 DEED OF TRUST <br />Loan No: 19268 (Continued) Page 4 <br />manner provided In this Deed of Trust or In any agreement related to this Dead of Trust. <br />Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained In this Dead of Trust, the Note or In <br />any of the Related Documents. If such a failure Is curable and if Borrower or Trustor hes not been given a notice of a breach of the same <br />provision of this Dead of Trust within the preceding twelve (12) months, it may be cured (and no Event of Default will have Occurred) It <br />Borrower or Trustor, after Lender sends written notice demanding cure of such failure: (a) cures the failure within thirty (30) days; or (b) if <br />the cure requires more than thirty (30) 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 Truster within the time required by this Deed of Trust to make any payment for taxes or Insurance, or <br />any other payment necessary to prevent filing of or to affect discharge Of any lien. <br />Default In Favor of Third Parties. Should Borrower or any Trustor default under any loan, extension of credit, security agreement, purchase <br />or al les agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Trustor's property or <br />Borrowers or any Trustors ability to repay the Indebtedness or perform their respective obligations under this Dead of Trust or any of the <br />Related Documents. <br />False Statements. Any representation or statement made or furnished to Lender by Borrower or Trustor or on Borrower's or Trustar's behalf <br />under this Dead of Trust Or the Rotated Documents is false Or misleading In any materiel respect, either now or at the time made or furnished. <br />Defective C011eterallatlon. This Dead of Trust or any of the Related Documents mean 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 time and for any reason. <br />Death or Insolvency. The death of Borrower or Trustor, the Insolvency of Borrower or Trustor, the appointment of a receiver for any part of <br />Bonower'a or Trustor's properly, any assignmenl for the benefit of creditors, any type of creditor workout, or the commencement of any <br />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 Trustor's <br />property in which Lender has a lien. This Includes taking of, garnishing of or levying on Borrower's or Turner's accounts with Lender. <br />However. It Borrower or Trustor disputes in good faith whether the claim on which the taking Of the Property is based is valid or reasonable, <br />and If Borrower or Trustor gives Lender written riches of the claim and furnishes Lander with monies or a surety bond satisfactory to Lender <br />to satisfy the claim, then this default provision will not apply. <br />Breach Of Other Agreement. Any breach by Borrower or Truster under the terms of any other agreement between Borrower or Trustor and <br />Lander that Is not remedied within any grace period provided therein, including without limitation any agreement concerning any <br />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 addommodamn parry <br />of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes Incompetent, or revokes or disputes <br />the validity of, or liabllity under, any Guaranty of the Indebtedness. In the event of a moth, Lender, at Its option, may, but shall not be <br />required to, 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 />Insecurity. Lander in good faith believes Itself Insecure. <br />Right to Cure. If such a failure is curable and if Borrower or Trustor has not been given a notice of a breach of the same provision of this <br />Dead of Trust within the preceding twelve (12) months, It may be cured (and no Event of Default will have Occurred) If Borrower or Trustor, <br />after Lender sons written notice demanding cure of such faliure: (a) cures the failure within thirty (30) days; or (b) If the cure requires more <br />than thirty (30) days, Immediately initiates slaps sufficient to cure the failure and thereafter continues and completes all reasonable and <br />necessary steps suMclent 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 may <br />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 NOW 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 as 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 when it deems necessary or desirable to preserve the value, marketability or rentability <br />of the PropeTy, 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 for or otherwise collect the rents, issues and profits of the <br />Property, including those past due and unpaid, and apply the same, less costs and expenses of operation and collection attorneys' <br />fees, to any indebtedness secured by this Dead of Trust, all in such order as Lender may determine. The entering upon and taking <br />possession of the Property, the collection of such rente, issues and profits, and the application thereof shall not cure or waive any <br />default or notice of default under this Dead of Trust or invalidate any act atone in response to such default or pursuant to such <br />notice of default; and, notwithstanding the continuance In possession of the Property or the collection, receipt and application of <br />rents, Issues or profits, Trustee or Lander shall be entitled to exerclse every right provided for in the Note or the Related <br />Documents or by law upon the occurrence of any event of default, including the fight to exercise the power of sale; <br />(b) Commends an action to foreclose this Dead of Trust as a mortgage, appoint a receiver or speclfically enforce any of the <br />covenants hereof; and <br />(o) Deliver to Trustee a written declaration of default and demand for sale and a whiten notice of default and election to cause <br />Trustor's interest In the Property to be solo which notice Trustee shall cause to be duly filed for record in the appropriate offices of <br />the County in which the Property is located; and <br />(d) With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party under <br />the Nebraska Uniform Commercial Coate. <br />Foreclosure by Power of Sale. If Lender elects to foreclose by exercise of the Power of Sale herein contained, Lander 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 Dead of Trust as Trustee may require. <br />(a) Upon receipt of such notice from Lander, Trustee shall cause to be recorded, published and delivered to Trustor such Notice <br />of Default and Notice Of Sale as then required by law and by this Deed of Trust. Trustee shall, without demand on Truster, after <br />such time as may then be required by law and after retardation of such Notice of Default and after Notice of Sale having been <br />given as required by law, sell the Property at the lime and place of sale fixed by it in such Notice of Sale, either as a whole, or In <br />separate Into 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 Slates 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 property 50 sold, but without any covenant or warranty, <br />express or implied. The recitals in such dead of any matters or facts shall be conclusive proof of the truthfulness thereof. Any <br />person, including without limitation Trustor, Trustee, or Lander, may pureness at such sale. <br />(b) As may be permitted by law, after deducting all casts, fees and expenses of Trustee and of this Trust, Including costs of <br />evidence of title in connection with sale, Trustee shall apply the proceeds of sale to payment of (1) all sums expended under the <br />terms of this Dead of Trust or under the terms of the Note not then repaid, including but not limited to accrued Interest and late <br />charges, (11) all other sums then secured hereby, and (109 the remainder, if any, to the person or persons legally entitled thereto. <br />(c) Trustee may In the manner provided by law postpone sale of all or any portion of the Property. <br />Remedies Not Exclusive. Trustee and Lender, and each of them, shell be entitled to enforce payment and performance of any <br />Indebtedness or obligations secured by this Deed of Trust and to sondes 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 indebtedness and obligations secured by this Dead Of Trust may now or hereafter be otherwise secured, whether by mortgage, deed of <br />