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<br />25. Events of Default. Earh of the following occurrences shop constitute an event of default hereunder, (hereinafter an "Event of Default "1:
<br />(a) Any amount payable under the obligations secured by this Deed of Trust is not paid when due, after giving effect to any applicable
<br />grace period therein,
<br />(b) Trustor is otherwise in default under the terms of the Obligations,
<br />(cl Trustor fails to observe or perform any of the covenants, agreements, or conditions in this Deed of Trust,
<br />(di Any representation or warranty including, bur not limited to, any warranty of title made by Trustor in this Deed of Trust is false or
<br />materially misleading, or
<br />(e) Tnistor sells or crrivcys the Trust Property, or any part thereof, or any interest therein, or is divested of it:-- title, or any interest
<br />therein, to any manner or way, whether voluntarily or involuntarily, without the prior written consent of Beneficiary.
<br />26. Acceleration of Debt; Foreclosure. Upon the occurrence of any Event of Default, or any time thereafter until such Event of Default is
<br />cured to the satisfaction of Beneficiary, Beneficiary may, at its option, declare all Obligations secured hereby immediately due and payable
<br />and the same shall bear interest at the default rate, if any, set forth in the Note or the default rate, if any, set forth in the most recent
<br />obligation covered by the Guaranty, or otherwise at the highest rate permitted by law, and, irrespective of whether Beneficiary exercises
<br />said option, it may, at its option and in its sole discretion, without any further notice nr demand to or upon Trustor, do one or more of
<br />the following.,
<br />(a) Beneficiary may enter upon, take possession of, manage and Operate the Trust Property or any part thereof, make repairs and
<br />alterations and do any acts which Beneficiary deems proper to protect the security thereof, and either with or without tak#-g
<br />pcsSesSion, in its own name, sue for o;' otherwise collect and receive rents, issues and profits., including those past due and unpaid, and
<br />apply the same, less costs and expenses of operation and collection, including reasonable attorneys' fees and Beneficiary's costs, upon
<br />the Obligations secured hereby and in such order as Beneficiary may determine. Upon request of Be ieficiary, Trustor shall assemble and
<br />shall make available to Beneficiary any of the Trust Property which has been removed. The entering croon end taking possession Of the
<br />*: usr Prop rty, flip i:011actiun u; arlyrerirs, lssuas and i ;rnt.t:., dnd the applicauon thereof as aforesaid, sham' not cure or waive any
<br />default theretofore or thereafter occurring, or affect any notice of default or notice of sale hereunder or invalidate any act done pursuant
<br />to any such notice. Notwithstanding Beneficiary's continuance in possession or receipt and application of rents, issues or profits,
<br />Beneficiary shall be entitled to exercise every right provided for in this Deed of Trust or by law upon or after the occurrence of an Event
<br />of Default, including the right to exercise the flower of sale. Any of the actions referred to in this Section may be taken by Beneficiary at
<br />such time as Beneficiary may determine without regard to the adequacy of any security for the Obligations Secured hereby.
<br />(b) Beneficiary shall, without regard to the adequacy of any security for the Obligations secured hereby, be entitled to the appointment
<br />of a receiver by any court having jurisdiction, without notice, to take possession of, protect, and manage the Trust Property and operate
<br />The same and collect the rents, issues and profits therefrom.
<br />(cl Beneficiary may bring any action in any court of competent jurisdiction to 'orec/ose this Deed of Trust or enforce any of the
<br />covenants hereof.
<br />(d) Beneficiary may elect to cause the Trust Property or any part thereof to be sold under the power of sale, and in such event,
<br />Beneficiary or Trustee shall give such notice of default and notice of sale to each party to this Deed of Trust by mail at the address set
<br />forth herein and any other notice which may be then required by law. Thereafter, upon the expiration of such time. and the giving of
<br />such notice of sale as may then be required by law, Trustee, at the time and plane specified by the notice of sale, shall sell such Trust
<br />Property, or any part thereof specified by Beneficiary at public auction to the highest bidder for cash in lawful money of the United
<br />States of America. Upon receipt of payment of the bid price, Trustee shall apply the proceeds in the following order; (i) to the cost and
<br />expenses of exercising the power of sale and of the sale, including but not limited to, trustee's fees of not more than $500.00 plus
<br />one•half of one percent of the gross sale price, and reasonable attorneys' fees, (it) to the Obligations, and (iii) the excess, if any, to the
<br />person or persons legally entitled thereto.
<br />All costs and expenses incurred by Beneficiary in enforcing any right under this Deed of Trust, including without limitation, abstract or title
<br />fees, appraisal fees, premiums for title insurance, attorneys' fees and court costs, shall be and constitute Obligations secured hereby.
<br />27. Duties of Trustee. Trustor agraos that:
<br />(a) The duties and obligations of Trustee shall be determincd solely by the express provisions of this Deed of Trust and Trustee shall not
<br />be liable except for rho performance of such duties and obligations as are specifically set forth herein, and no implied covenants or
<br />obligations shall be imposed upon Trustee,
<br />(b) No provision of this Dccd of Trust shall reauire 7ructr.P to expand nr risk its nwn finds, nr orherwiRP inclir any fipnne -ipl nhligation in
<br />dr<1 performance, of r;rly of its duurs hart under, or in rho exorcist:, of any of Its rights or powers,•
<br />(c) Trustee may consult with counsel of its own choosing and the advir-e of.such counsel shall be full and complete authorization and
<br />protection in the respect of any action taken or suffered by it hereunder in good faith and reliance thereon, and
<br />(d) Trustee shall not be liable for any action taken by it in good faith and reasonably believed by it to be authorized or within its
<br />discretion or rights or powers conferred upon it by this Deed of Trust.
<br />28. Security Agreement and Fixture Filing. From the date of its recording, this Deed of Trust shall constitute a security agreement and
<br />fixture filing under the provisions of the Nebraska Uniform Commercial Code with respect to those fixtures described in the preambles hereof
<br />as constituting i part of the Trust Property, togdther with al/ other property of Trustor, either similar or dissimilar to the same, now or
<br />hereafter located at or on the Trust Property. For this purpose; the following information is set forth:
<br />(a) Name and Address of Debtor /Trustor: (b) Name and Address of Secured Party /.rieneficiary:
<br />James E Dean & vJaMeS E Dean Revocable Wells Fargo Hank Nebraska, N.A.
<br />Livinq Trilst
<br />14 soma Dr
<br />747 N. Burlington Ave.
<br />Doniphan, NE 68832 Hastin s, NE 68901
<br />(c) Debtor's Social Security Number /Federal Taxpayer I.D. Number _
<br />(d) This document covers goods which are or are to become fixtures.
<br />fo) The name of the record owner of the Trust Property is the Debtor /Trustor described above.
<br />29. Future Advances. Beneficiary, at Beneficiary's option, prior to full reconveyance of the Trust Property by Trustee to Trustor, may make
<br />future advances to Trustor. Such future advances, with Interest thereon, shall be secured by this Deed of Trust. At no time shall the principal
<br />amount of the Obligations secured by this Deed of Trust, not including sums advanced to protect the. security, exceed the total sum of
<br />$ 1._7 0 ,.35.1; _G`> ..., ---------
<br />Nothing herein rontained 0i X imply any obligation on the part of the Beneficiary to make any such additional advances.
<br />Advances of disbursements made by Beneficiary to protect the security, under the terms hereu%, whiie discretionary, shall not be deemed to
<br />be optional advances.
<br />90. Reconvoyance. Upon payment of all Obligations secured by this Deed of Trust, Beneficiary shall request Trustee to reconvev the Trust
<br />Property and shall surrender this Deed of Trust and all notes evidencing Obligations secured by this Deed of Trust to Trustee, Trustee shall
<br />reconvey the Trust Property without warranty and without charge to the person or parsons legally entitled thereto. Such person or persons
<br />shall pay all costs of recordation, if any.
<br />37. Substitute Trustoo, Beneficiary, at its option, rnay from time to time remo,'c Trustee and appoint a Successor Tnistee to any Trustee
<br />appointed hereunder by an instrutnent recorded in the county in which this Deed of Trust is recorded. Without conveyance of the Trust
<br />Property, the Suerer:sor Trustee shall succeed to all title, power and duties conferred upon Trustee herein and by applicable law.
<br />32. Miscellaneous Rights of Benefiriary. Beneficiary tray at any time and from time to time, without notice, consent to the making of any
<br />plat of the 7rust Property or the creation of any easement thereon or any covenants restricting use or occupancy thereof or agree to alter or
<br />amend the terms of this Deed of Trust. Any personal property remaining upon the Trust Property after the Trust Property has been possessed
<br />or ocrupicd by Beneficiary, its agent or any purchaser following Trustee's sale, or foreclosure, or under any deod in lieu of Trustee's sale or
<br />foreclosure, shall be conrlusivcly presumed to have been abandoned by Trustor.
<br />33. Trustor hereby requests that a ropy of any notice of default and notice of sale made or executed by Trustee pursuant to the provisions
<br />hereof be sent to TruVor at its mailing address set forth above.
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