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200201021 <br />DEED OF TRUST <br />Loan No: 34185 (Continued) Page 4 <br />Borrower or Trustor, after Lender saws written make demanding cure of such failure: (a) curse Me fallum within thirty (30) days; or (b) if <br />the cure requires more Man thirty (30) days, Immediately initiates steps sufficient a cure he failure and thereafter continues and completes <br />all reasonable and necessary steps sufficient to produce compliance as soon as reasonably prances. <br />Defauft on Other Payments. Failure of Truster within Me time required by MIS Dead of Trust to make any payment for taxes o insurance, or <br />any other payment necessary to prevent filing of o to effect discharge of any lien. <br />Default In Favor of Third Parties. Should Borrower or any Truster default under any loan, extension of creme, security agreement, purchase <br />or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Trustors property or <br />Borrowers or any Trustors ability to repay the Indebtedness or perform their respective adigem ne under this Deed of Trust or any of Me <br />Related! Documents. <br />False Statements. Any representation or statement made or furnished! to Lender by Borrower or Trustor or on Borrower's an Trumar's behalt <br />under MIS Dead of Trust o the Related Documents is false or misleading In any material respect, either new or at the time made or Nmishad. <br />Defective Collateralixatlan. This Deed of Trust or any of Me 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 time and for any reason. <br />Death or Insolvency. The death of Borrower or Trustor, Me insolvency of Borrower or Trustor, he appointment of a receiver for any part of <br />Borrowers or Trustor's property any assignment for Me benefit of cradhors, any type of creditor workout, or Me commencement of any <br />proceeding under any bankruptcy or insolvency laws by or against Borrower or Trustor. <br />Taking of the Property. My creditor or govemmantai agency tries to take any of the Property or any other of Borrowers or Tmstor's <br />property in which Lender has a lien. This Includes taking of, garnishing of or levying on Borrower's or Trustors amounts with Lender. <br />However, if Burrower or Trustor disputes in good faith whether Me claim an which Me taking of the Property is based is valid or reasonable, <br />and If Borrower or Truster gives Lender written Coffee of the claim and furnishes Lender with monies or a surety bond satisfactory to Lender <br />M satisfy Me claim, Mai this default provision will not apply. <br />Breach of Other Agreement. Any breach by Borrower or Trustor under Me terms of any other agreement between Borrower or Truster and <br />Lender Mat is not remedietl all 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 new or later. <br />Events Affecting Guarantor. Any of Me preceding events occurs with respect to any guarantor, endorse, surety, or accorwnndation party <br />of any al the Indebtedness or any guarantor, andomer, surety, or accommodation parry dies or becomes incompetent, an revokes or disputes <br />the validity of, or liability under, any Guaranty of the Indebtedness. In the event of a dish, Lender, at its Dption, may, but shall ml be <br />occulted M, permit Me guarantor's estate M assume urcondWOnaliy Me obligalvons arising under the guaranty In a Manner SaUSfactory w <br />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 Trustor has not been given a notice of a breach of the sane provision of MIS <br />Deetl of Trust within Me precedMg twelve (12) monMa, it may to cared! (and no Event of Default will have occurred) ff Borrower or Trustor. <br />after Lender sands wdtten III demanding cure of such failure: (a) cures Me failure will him, (30) days; or (b) if the cure requires more <br />than thirty (30) days, immediately initiates Steps sufficient te cure Me failure and thereafter continues antl completes all reasonable and <br />necessary steps suf imt to produce compliance as soon as reasonably practical. <br />RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default mcura under this Dead of Trust, at any time thereafter, Trustee or Lander Trey <br />exercise any one or MUM of Me fallowing rights and renretlias: <br />Acceleration Upon Default; Additional Remedies. If any Event of Default occurs as par Me terms at the Note secured hereby, Lender <br />may deciare all Indebtedness secured by this Dead of Trust to be due and payable and Me 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 our without bringing any action or proceedng, or by a receiver appointed by a mud and <br />without regard to Me adequacy of its security, enter more and take possession of the Property, or any Pad thereof, In be own name <br />or in the name of Trustee, and do any acts which 6 tleaas necessary or deskabie to preserve the value, marketability, or rentability <br />of Me Property, or pad of the Property or interest in the Property; Increase the income from Me Property or protect the security of <br />Me Property; and, with or wiftcN taking Possession of the Property, sue for or otherwise collect Me rents, Issues and prothi of the <br />Property, Including Moss past due and united, and apply Me same, less cost and expenses of operation antl collection attorneys' <br />fees, to any indebtedness secured by Mis Deed of Trust, all in such order as Lender may determine The entering upon and taking <br />possession of the Property, the collection of such rents, issues and profits, and the application mail ell not cure or waive any <br />default or notice of default undo this Dead of Trust or invalidate any act done in response te such default or pursuant to such <br />notice of default; and, notwithstanding Me commerce in possession of Me Property or the collection, receipt and appliratim of <br />rants, issues on profits, Trustee or Lender shall be entWed M exercise every right provided for in Me Note or the Related <br />Douments or by law upon Me occurrence of any event of default, MOWN he right to exercise Me power of sale; <br />(b) Commence an action to foreclose MIS Deed of Trust as a mortgage, appoint a reserver a specifically enforce any of Me <br />mvenaMS hereof; and <br />(c) Deliver te Trustee a written declaration of default and demand for sale and a written notice of default and election to cause <br />Trustor's interest In the Property to he said, which notice Trustee shall cause to be duly filed for record in Me appropriate offices of <br />Me County in which Me Pmlaaty le Imated; and <br />(d) With respect to all or any pan of the Personal Property. Lender shall have all Me rights antl remetlees of a secured party under <br />the Nebraska Uniform Commarclel Cade. <br />Foreclosure by Power of Sale. If Lender elects to foreclose by exercise of the Power of Sale herein contained, Lender shell notify <br />Trustee and shall deposit with Trustee this Dead of Trust and the Note and such receipts and evdence of expenditures made and <br />secured by this Dead of Trust as Trustee may require. <br />(a) Upon receipt of such miles from Lender, Trustee shall cause m be recorded, published and delivered to Trustor such Native <br />M Default and Notice of Sale as then required by law and by MIS Dead of Trust. Trustee shall, without demand on Truster, after <br />such time as may Man be required by law and after recordation of such Notice of Default and after Notice of Sale having been <br />given as requiretl by law, sell Me Property at the time and place of sale fixed by it in such Notice of Sale, either as a whole, or in <br />separate lots or parcels or items as Trustee shell deem expedient, and In such order US it may determine, at public auction te Me <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 tleeds conveying Me property so sold, but without any covenant or warranty, <br />express or Implied. The records In such dead of any matters or facts shall be con ball proof of Me truthfulness thereof. Any <br />Person, including wthout limitation Truster, Trustee, or Lender, may purchase at such safe. <br />(b) As may be permitted by law, after deducting all costs, fees and expenses of Trustee and of his Trust, including costs of <br />evidence of title in connection with Sale. Trustee shall apply Me proceeds of sale M payment of (1) all sums expended under Me <br />terms of MIS Dead of Trust or under the terms of Me Nola not then repaid, including but not limited te accrued interest and late <br />charges, (ei) all other sums then secured hereby, arc (111) Me remainder, H any, to Me Parson or persons legally enttlletl thereto. <br />(c) Trustee may in Me manner provided by law postpone sale of all or any Opinion of the Property. <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 MIS Dead of Trust and to exercise all rights and powers under this Dead of Trust, under the NOW, <br />under any of the Related Documents, or under any other agreement or any laws now or hereafter in tome: notwithstanding, some or all of <br />such Indebtedness antl obligations secured by his Dead of Trust may now or hereafter be otherwise secured, whether by mortgage, dead of <br />trust, plWge, lien, assignment or otherwise. Neither the acceptance of MIS Deed of Trust nor Its enforcement, whether by court action or <br />pursuant to the power of Sale or other powers contained in MIS Dead of Trust, she prejudice or in any manner affect Trustee's or Lentlers <br />right M realize upon or onfoma any other security now or hereafter held by Trustee or Lender, it being agreed Mat Trustee and Lender, and <br />each of them, shall be armed to enforce this Deed of Trust and any other security now or hereafter held by Lender or Trustee in such older <br />