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DEED OF TRUST <br />Loan No: 3011183 200202530 (Continued) 2002031.4440 Page 4 <br />Payme:it Default. Trustor fails to make any payment when due under the Indebtedness. <br />Break Other Promises. T ;usior breaks ary promise made iu Lender or fails to perform promptly at the time and strictly in the manner <br />provided in this Deed of Trust or in any agreement related to this Deed of Trust. <br />Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained In this Deed of Trust, the Note <br />or in any of the Related Documents. If such a failure is curable and if Trustor has not been given a notice of a breach of the same <br />provision of this Deed of Trust within the preceding twelve (12) months, it may be cured (and no Event of Default will have occurred) <br />if Trustor, after Lender sends written notice demanding cure of such failt—e: la) cures the failure within fifteen (15) days; or (b) if the <br />cure requires more than fifteen (15) days, immediately initiates steps sufficient to cure the failure and thereafter continues and <br />completes 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 taxes or <br />insurance, or any other payment necessary to prevent filing of or to effect discharg5 of any lien. <br />Falso Statements. Any representation or statement made or furnished to Lender by Trustor or on Trustor's behalf under this Deed 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 />Drfectivc Dood o` Trutt or any of the Rk it-i Documents ceae:+,q to be in full force rind effect (Including failure <br />of anv OIIGir of UVCWnent IC ,:react e valid and porfei,ted Sc GU,ily rue os: ur heii) at L-y time anu w, any mdson. <br />Death or Insolvency. The Beath of Trustor, tho insolvency of Trustor, the appointment of a receiver for any part of Trustor's property, <br />any assignment for the benefit of creditors, any type of creditor wor'.out, or the commencement of any proceeding under any <br />bankruptev o' ns °:enC) laws by or against Trustor. However, the death cr any Trustor will not be an Event of Default if as a result <br />of the death of Trustor the Indebtedness is fully covered by credit life insurance. <br />Taking of the Property. Any creditor or governmental agency tries to take any of the Property or any other of Trustor's property in <br />which Lender has a lien. This includes taking of, garnishing of or levying on Trustor's accounts with Lender. However, if Trustor <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 />Lender written notice of the claim and furnishes Lender 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 Lender that is not <br />resiedied 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 />pa ty 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. <br />Insecurity. Lender in good faith believes itself insecure. <br />Existing Indebtedness. The payment of any installment of principal or any interest on the Existirig Indebtedness is not made within the <br />time required by the promiscory, note evidencing such indebtedness, or a default occurs under the instrument securing such <br />indebtedness ar-J 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 on the Property. <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 />rr.ay exercise any ona or more of the following rights and remedies: <br />Iii. <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 Deed if Trust to be due and payable and the same shall thereupon become <br />due and 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 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 psrt of the Property or interest in the Property; increase the income from the <br />Property or protect the recur' of the Property; -and, with or without taking possession of the Property, sue for or otherwise <br />collect the rents, issues and p,ufits 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 h/ this Deed 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 />invalidate any act :tuna 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 :,f 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 />orcurronce of any ovent of default, including the right to exercise the power of sale; <br />ib) 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 />(c) 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 />(d) 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 ev'.dence o` expenditures made and <br />secured by this Deed 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 Trustor such <br />Notice of Default and Notice of Salo as then required by law and by this Deed of Trust. Trustee shall, without de.nand on <br />Trustor, altar such time ae may then be required by law and after recordation of such Notice of Default and after Notice of <br />Sale having been given as required by low, 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 of, items as Trustee shall deem expedient, and in such order as it may <br />determine, at public auction to the highest bidder for cast, in lawful money of the United States payable at the time of sale. <br />Trusteo shall deliver to such purchaser or purchasers thereof its good and sufficient deed or deeds convoying the property so <br />sold, but without any covenant Of warranty, express or implied. The recitals in such deed of any matters or facts shall be <br />conclus vo proof of the truthfulness thereof. Any person, including without limitation Trustor, Trustee, or Lander, may <br />purchase at such sale. <br />(b) As may be permitted by law, after deducting all costs, fees and expenses of Trustee and of this Trust, including costs of <br />evidonca of title in connection ,vi a sale, Trustee shall apply the proceeds of sale to payment of (1) all sums expendsd under <br />the terms of this Dead of Trust or under the teens of the Note not then repaid, including but net limited to accruee interest <br />and Iato charges, (if) all other sums then secured hereby, and (iii) the remainder, If any, to the person or nersons legally <br />untitled thoroto. <br />(c) Trustee may in the manner provided by law postpone sale of all or any portion of the Property. <br />Remedies Not Exclusive. 1 rustee and Lender, and each of them, shall be entitled to enforce payment and performance of any <br />indowedness or obligations s,,curad by this Deed of Trust and to exercise all rights and powers under this Dead of Trust, under the <br />NOM', under any of the Helated Documents, or undor any other agreement or any laws now or hereafter in force; notwithrtarwrng, <br />SOrnc or all of such indebtedness and obligations secured by this Dead of Trust may now or hereafter be otherwise secured, whether <br />by mortgaga, decd of trust, pledge, lien, assignment or otherwise. Neither tho acceptance of this Deed of Trust nor its enforcement, <br />