DEED OF TRUST 200203501
<br />Loan No: 773417 (Continued) Page 5
<br />obligation of Truster to Lender, whether existing now or later.
<br />Events Affecting Guarantor. Any of the endearing events occurs with respect to any guarantor, endorser, surety, or accommodation
<br />party of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party des or becomes Incompetent, or
<br />revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. In the event of a death, Lender, at Its option,
<br />may, but shall not be required to, permit the guarantor's estate to assume unconditionally the obligations arising under the guaranty In
<br />a manner satisfactory to Lender, and, in doing so, cure any Event of Default.
<br />Insecurity. Lender In good faith believes itself insecum.
<br />Right to Cure. If such a failure is curable and if Truster has not been given a notice of a breach of the same provision of this Deed of
<br />Trust within the at ... did, twelve (12) months, it may be cured land no Event of Default will have occurred) if Transfer, after Lender
<br />sends written notice demanding cure of such failure: (a) cures the failure within tan (10) days; or ho it the cure requires more than
<br />ten (10) days, Immediately initiatee steps sufficient to cure the failure and thereafter continues and completes all reasonable and
<br />necessary steps sufficient to produce compliance as soon as reasonably practical.
<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 />may exercise any and 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 Note secured hereby,
<br />Lender may declare all Indebtedness secured by this Deed of Trust to be due and payable and the same shell thereupon become
<br />due and payable without any presentment, tlemantlr 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 antl
<br />without regard to the adequacy of Its security, enter upon and take possession of the Property, or any part thereof, in Its
<br />n 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 part of the Property or interest in the Property; Increase the income from the
<br />Property or protect the security of the Property; arid, with or without taking possession of the Property, sue for or otherwise
<br />collect the rents saides and profits 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 by 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 Dead of Rust or
<br />validate any act done 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 of rents, issues or profits, Trustee or
<br />Lender shell be entitled to exercise every right provided for In the Note or the Related Documents or by law upon the
<br />occurrence of any avant of default, Including the right to exercise the power of sale;
<br />h) Commence an .triad to foreclose this Dead of Trust as a mortgage, appoint a receiver or specifically enforce any of the
<br />daydreams hereof; antl
<br />Icl Deliver to Trustee a written declaration of default and demand for sale and a written notice of default and election to
<br />use Truser s interest In the Property to be sold, which notice Trustee shell cause to be duly filed for record in the
<br />appropriate offices of the County in which the Property is located; and
<br />(dl With respect to ell or any pan of the Personal Property, Lander shall have all the rights and remedies of a secured party
<br />under the Nebraska Uniform Commercial Code.
<br />Foreclosure by Power of Sale. II Lender alects to foreclose by exercise of the Power of Sale herein contained, Lender shall del
<br />Trustee and shall deposit with Trustee this Dead 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 />lei Upon receipt of such notice from Lender, Trustee shall cause to be recorded, published and delivered to Trusmr such
<br />Notice of Default and Notice of Sale as then required by law and by this Deed of Trust. Trustee shall, without demand on
<br />Traitor, after such time as 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 law, 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 Ints at parcels or items as Trustee shall deem expedient, and in such order as it may
<br />determine, at public auctimr, to the highest bidder for cosh In lawful money of the United States payable at the time of sale.
<br />Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient deed or deeds conveying the property so
<br />sold, but without any covenant or warranty, express or implied. The recitals in such deed of any matters or facts shall be
<br />e proof of the truthfulness thereof. Any person, Including without limitation frustor, Trustee, or Lentler, may
<br />purcbase at such sale.
<br />N) As may be permitted by law, after deducting all costs, 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 (i) all sums expended under
<br />the terms of this Deed of Trust or under the terms of the Note not then repaid, including but not limited to accrued interest
<br />and late charges, (ii) all other sums than secured hereby, and bral the remainder, If any, to the person or persons legally
<br />entitled Instant.
<br />Icl Trustee may in ere 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, 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 Deed of Trust, under the
<br />ate
<br />Note, untler any of the Related Documents, or under any other agreement or any laws now or hereafter in force; notwithstanding.
<br />some or all of such Indebtedness and obligations secured by this Deed of Trust may now or hereafter be otherwise secured, whether
<br />by mortgage, deed of trust, pledge, lien, aestgnmunt or otherwise. Neither the acceptance of this Deed of Trust nor its eefomemem,
<br />whether by court action or pursuant to the power of sale or other powers combined in this Deed of Trust, shall and,dica or In any
<br />manner affect Trustee's or Lender's right to realize open or enforce any other security now or hereafter held by Trustee or Lender, it
<br />being agreed that Trustee and Lander, antl each of them, shall be entitled to enforce this Dead of Trust and any other security now or
<br />
|