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200205500 satisfv the entire or any portion of indebtedness seen red hereby, including the late payment tee and Interest accrued at the default rate set forth in the Note, made at any time prior to foreclosure sale Qnchhding sale under power of sale) by the Borrower, its successors or permitted assigns or by anyone on behalf of Borrower, its successors or permitted assigns, shall constitute an evasion of the prepayment terms of said Note and be deemed to be a voluntary prepayment thereunder and any such payment, to the extent permitted by law, will, therefore, include the additional payment required under the prepayment privilege, if any, contained in said Note_ 25. BORROWER'S RIGHT TO REINSTATE. Notwithstanding Lender's acceleration of the SLIMS sceured by this Decd of Trust, Borrower shall have the right to have any proceedings begun by Lender to cnlbrec this Deed of Trust discontinued at anytime prior to the earlier to occur of O the fifth day before the sale of the Property pursuant to the power of sale contained in dus Deed of Trust, or (ii) entry of a judgment enforcing this Deed of'I'rust if. (a) Borrower pays Lender all sums which would be then due under this Deed of Trust and the Note, had no acceleration occurred, including the late payment fee and Interest accrued at the default rate set for$ in the Note; (b) Borrower cures all breaches of any, other covenants or agreements of Borrower contained in this Deed of Trust; (c) Borrower pays all expenses actually incurred by Lender and Trustee in enforcing the covenants and agreements of Borrower contained in this Deed of Trust and in enforcing Lender's and Trustee's remedies as provided in Paragraph 23 hereof, including, but not limited to, attomcys' fees; and (d) Borrower takes such other action as Lender may ieasonably require to assure that the lien of this Decd of Trust. Leader's interest in the Properly, and Borrower's obligation to pay the sums sceured by this Deed of Trust shall continue unimpaired_ Upon such payrncnt and cure by Borrower, this Deed of Trust and the obligations secured hereby shall remain in full force and effect as if acceleration had occurred. 26. ASSIGNMENT OF RENTS; APPOINTMENT OF RECEIVER; LENDER IN POSSESSION. As additional security horcrmder. Borrower hereby assigns to Lender the rents of the Propery pursuant to the Assignment of Leases and Rents dated of even date herewith by Borrower in favor of Lender, provided that Borrower shall, prior to acceleration under Paragraph 23 hereof or abandonment of the Property, have the right to collect and retain such rents as they become due and payable. 27. SECURITY AGREEMENT AND FINANCING STATEMENT UNDER UNIFORM COMMERCIAL CODE. This Deed of Trust encumbers, and Borrower hereby grants Lender a security interest in, Borrower's interest in all personal property of any kind whatsoever, whether tangible or intangible, whether or not any such personal property is now or becomes a "fixture", which is used or will be used in construction of, or is or will be placed upon or is derived from or used in any connection with the use, occupancy or enjoyment of the Property. Such personal property ( "Collateral ") shall include those items as Shown on the attached Exhibit "B" "Fixtures" shall include all articles of personal property, finartate and furnishings which are so related to the Property such that an interest arises in them under the real estate laws of the State of Nebraska . To the extent of the existence of Collateral encumbered by this Decd of Trust, this Decd of Trust shall constitute a security agreement and when tiled with the Nebraska Secretary of State and in the real properly records of the county where the Properly is situated is intended to create a perfected security interest in such Collateral in favor of Lender and to constitute a "fixture filing" in accordance with the provisions of Nebraska Uniform Commercial Code. This Deed of Trust shall be self- operative with respect to such Collateral, but Borrower agrees to execute and deliver on demand such security agreements, financing statements and other instruments as Lender may request in order to impose the hen hereof more specifically upon any such Collateral and to pay the recording and/or filing fees associated therewith. For purpose of treating this Deed of Trust as a security agreement and financing statement, Lender shall be decreed to be the Secured Party and Borrower shall be deemed to be the Debtor. 28. RECON VEYANCE. Upon payment of all sums secured by this Deed of Trust, Lender shall request Trustee to rewnvey the Property and shall surrender this Deed of Trust and all Notes evidencing indebtedness secured by this Deed of Trust to Trustee. Trusme shall reconvey the Property without warranty and without charge to the person or persons legally entitled thereto_ Such person or persons shall pay all costs of recordation, if any 29. SUBS"I'I'rUTE TRUSTEE_ tender, at Lender's option, may from time to time by an instrument recorded in the Register of Deeds' office of the County in which this Decd of Trust is recorded mid otherwise in accordance with the provisions of Ncb. Rev. Star § 764004 remove Trustcc and appoint a successor trustee to any Trustee appointed hereunder. Without conveyance of the Property, the successor