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MAR -18 -02 MON 10:48 AM FAX PACE 10
<br />DEED OF TRUST 200203360
<br />Loan No: 19342 (Continued) Page 4
<br />agreement, or Any other agreement, in lava of any other creditor or person that may materially effect any of Trustor's property or Trustor's
<br />abaty 10 repay the Indebtedness a perform their respective oblgabons under this Dead of Trust or any of the Related Documents.
<br />False SlatearmUL Any represenlalan or statement made a furnished to Lander by Trustor or on Trustor's behalf under the Dead of Trust
<br />or the Related Documents is false or misleading In any materiel rasped, tither now or 61 the lime made or furnished.
<br />Defective Collaleralizellan. This Deed of Trust w any of the Related Documents ceases to be in full force and effed (including failure of any
<br />collateral document to create a valid and perfected security interest or lion) at any Nina and (or any reason.
<br />Death or Insolvency. The death of Trustor, the Insolvency, of Trustor. the appointment of a worrier for any pad of Trustor's property, any
<br />assignment for the benefit of creditors, any type Of creditor workout, or the commencement of any proceeding under any bankruptcy or
<br />Insolvency taws by or against Trustor.
<br />Taking of the Property. Any creditor or governmental agency Ines to lake any of the Property a any other of Trusters property in which
<br />Larder has a lien. This includes taking of, garnishing of or levying on Trusters accounts with Lender. However, N Trustor disputes In good
<br />faith wnalner the claim on which the taking of the Property is based Is valid Or reasonable, and it Trustor gives Lender written notice of the
<br />claim and furnishes Lender with monies or a surety, bond satisfactory to Lender to satisfy the claim, then this default provision will not apply.
<br />Broach of Darer Agreenenl. Any breach by Trustor under the terms of any other agreement between Trusla and Lender that is not
<br />remedled within any grace period provided therein, Including without limitation any agreement concerning any indebtedness of other
<br />obligation of Truslor to Lender, whether existing now a later.
<br />Events Affealing Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, a accommodation party
<br />of any of the Indebtedness or any guarantor, endorser. surety, or accommodation party des or becomes incompetent, or revokes or 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 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 se, cure any Event of Default.
<br />Insecurity. Lander In good faith bellews itself insecure.
<br />Right to Cure. II such a (allure is curable and it Truslor 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 occumed) If Truslor, after Lander sends wmlem
<br />notice demanding core 0 such failure: (a) cures the failure within thirty (30) days; or (b) it the cure requires more than thirty (30) days,
<br />immediately initiates steps sufficient to cure the failure and thereafter confinues and completes all mwmn le and necessary steps sufficient
<br />to produce compliance as soon As reasonably practical.
<br />RIGHTS AND REMEDIES ON DEFAULT. It an Event of Default occurs under the Deed of Trust, at any time thereafter, Troslee or Lender may
<br />exercise any ono or more of the following rights and remedies:
<br />Acceleration Upon Delautl; 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, tlemand, protest or nonce of any kind. Thereafter, Lander may:
<br />(a) Either In person or by agent, with or without bringing any action or procoldling, or by a receiver appointed by a court and
<br />without regard to the adequacy of its security, enter upon and lake possession of the Properly, or any pad thereof, in its own name
<br />or in the name of Trustee, and do any acts which g deems necessary or desirable to preserve the value, markelabllay or rentability
<br />of the Property, or part of the Properly or Interest In the Properly; increase the Income from the Property or protect the security of
<br />the Property; and, with or without taking possession of the Properly, sue far 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, toany Indebtedness secured by this Dead of Trust. All in such order as Lender may determine. The entering upon and along
<br />possession of the Property, the collection of such rents, issues and profits, and the application thereof shag not cure or waive any
<br />default or notice at default under this Dead of Trust or invalidate any ad done In response to such delaull or pursuant to such
<br />notice of Il l4 and, notwithstanding the coMlnuance In possession of the Property a the collection, receipt and application of
<br />rents, Issues or profits, Trustee: or Lender shall be entitled to exercise every eight provided fa in the Note or the Related
<br />Documents or by law upon the occurenee of any event at doleull, including the right to exercise the power of sale;
<br />(b) Commence an Achim to foreclose the Dead of Trust As a mortgage, appoint a receiver or specifically enforce any of the
<br />covenants hereol; and
<br />(c) Deliver to Tlpslee 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 be sold, which notice Trustee shall cause to be duly Pled 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 than have all the rights and remedies of a secured party under
<br />the Nebraska Uniform Comm rcial Code.
<br />Foreclosure by Power of Sale. If Lander elects to foreclose by exercise of the Power of Sale herein contained. Lender shag notify
<br />Trustee and shall deposit with Tnlstea this Deed of Trust and the Note and such receipts and evidence of expenditures made and
<br />5eoured by this Deed of Trusl 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 Notice
<br />of Default and Notice of Sale as then required by law and by the Dead. of Trust. Trustee shag, without demand on Truslor, after
<br />such time as may than be required by law and after recordation of such Nolte of Default and offer Nolto of Sale having been
<br />given as required by law, sell the Properly at the time and place of sale feed by It In such Nabce of Sale, either As a whole, or in
<br />separate Ids or parcels or items as Trustee shall doom expedient. end In such order as ft may determine, at public auction to the
<br />highest bidder for cash in lawful money of the United States payable at die time of safe. Trustee shall deliver to such purchaser or
<br />purchasers thereof Its good and sufficient deed or deads conveying the property so said, but without any coverall a warranty,
<br />express or Implied. The will In such deed of any matlers or facts shall be conclusive proof of the leuthfutness thereof. Any
<br />person, Including without limitation Trustor. Trustee, or Lender, may purchase at such sale.
<br />(b) As may be permitted by law, alter deducting all costs, lees and expenses of Trustee and of this Trusf, including costs of
<br />evidence of title In connection with sale. Trustee shall apply the proceeds of sale to payment of (t) all sums expended under the
<br />terns of this Deed of Trust a under the terms of the Note not then repaid, including but not limned to accrued interest and late
<br />charges, (If) all other sums than secured hereby, and (k) 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 Properly.
<br />Remedies Mgt Exmlualve. Trustee and Lender, and each of them, shalt be ontigad to enforce payment and performance of any
<br />Indebtednoss or obligations secured by this Dead of Trust and to exemise all rights and powers under this Deed of Trusl, under the Note.
<br />under any of the Related Occumane, or under any other agreement or any laws now or hereafter in force; notwithstanding, some or an of
<br />such indebtedness and obligations secured by this Dead at Trust may now or hereafter be otherwise secured, whether by mortgage, deed of
<br />test, pledge, lion, assignment or otherwise. Neither the Acceptance of the Dead of Trust nor Its enforcement, whether by court adlon or
<br />pursuant to the power of sale or other powers contained in this Deed of Trust, shah prejudice or in any manner affect Trustee's or Lenders
<br />right to realize upon or entorca any other security now a har"florhafd by Truslae or Lender, h being agreed that Trustee and Leader, and
<br />each of them, shag be entitled to onto= (lie Deed of Trust and any other security now or hereafter hold by Lender or Trustee in such order
<br />And manner as they or either at them may, in their Absolute discretion determine. No remedy conferred upon or reserved to Trustee m
<br />Lender. Is intended to be "ch swe of any other remedy In this Deed of Trust Or by law provided a permitted, but each shall be cumulative
<br />And shag 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 />paws or remedy given by the Note or any of the Related Documents to Trustee a Lender or to which either of them may be otherwise
<br />enthled, 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 Dead of Trust shall be construed as prohibiting Lender from seeking a
<br />delldeney judgment against the Truster to the extent such action Is permitted by law.
<br />Election afRemedles. All of Lender's rights and remedies wit be cumulative and may be exercised alone or together. If Lender deddes to
<br />spend money or to perform any of Trustor's obligations under this Deed of Trust, after Truslols failure to do so. that decision by Lender will
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