2002051978
<br />t .
<br />Loan No: 34412
<br />DEED OF TRUST
<br />(Continued) Page 4
<br />Payment Default Borrower fails to make any payment when due under the Indebtedness.
<br />Break Other Promises. Borrower or Trustor breaks any promise made to Lender or fails to perform promptly at the time and strictly in the
<br />manner provided in this Dead of Trust or in any agreement related m this Deed of Trust.
<br />Compliance Default. Failure m comply with any other term, obligation, covenant or condition contained in this Dead of Trust, the Note or In
<br />any of the Related Documents. If such a failure is curable and if Borrower or 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 Delaclt will have Occurred) if
<br />Borrower or Trustor, after Lender sends written notice demanding cure of such failure: (a) cures the failure within thirty (30) days; or of if
<br />the cure requires more than thirty (30) days, immediately initiates steps sufficient to core the failure and thereafter continues and completes
<br />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 insurance, or
<br />any other payment necessary to prevent filing of or to effect discharge of any lien.
<br />Default In Favor of Third Parties. Should Borrower or any Trustor default under any loan, extension of Credit, security agreement, purchase
<br />or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Trustor's property or
<br />Borrower's or any Toasters ability to repay the Indebtedness or perform their respective obligations under this Dead of Trust or any of the
<br />Heated Documents.
<br />False Statements. Any representation or statement made or furnished to Lender by Borrower or Trustor or on Borrower's or Trustor's behalf
<br />under this Deed of Trust or the Related Documents is false or misleading in any materiel respect, either now or al the time made or furnished.
<br />Defective Collateralk atlon. This Deed of Trust or any of the Related Documents ceases to be in full farce and affect (Including failure of any
<br />collateral document to create a valid and Perfected security interest or lien) at any time and for any reason.
<br />Death or Insolvency. The death of Borrower or Trustor, the insolvency of Borrower or Trustor, the appointment of a receiver for any part of
<br />Borrower's or Trustor's property, any assignment for the benefit of Crod,itors, any type of creditor workout, or the commencement of any
<br />procestling under any bankruptcy or insolvency laws by or against Borrower or Trustor.
<br />Taking of the Property. Any creditor or governmental agency tries to take any of the Property or any other of Borrower's or Trustor's
<br />property in which Lender has a lien. This includes taking of, garnishing of or levying on Borrower's or Trustor's accounts with Lentler.
<br />However, if Borrower or Trustor disputes in good faith whether the claim on which the taking of the Property is based is valid or reasonable,
<br />and if Borrower or Trustor gives Lender written notice of the claim and furnishes Lender with monies or a surety bond satisfactory to Lender
<br />to satisfy the claim, men this default provision will not apply,
<br />Breach of Other Agreement. Any breach by Borrower or Trustor under the terms of any other agreement between Borrower or Trustor and
<br />Lender that is not remedied within any grace period provided therein, including without limitation any agreement concerning any
<br />indebtedness or other obligation of Borrower or 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 parry
<br />of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party dies 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 so, cure any Event of Default.
<br />Insecurity. Lender in good faith believes itself insacurs.
<br />Right to Cure. If such a failure is curable and if Borrower or Trustor has not been given a notice of a breach of the same provision of this
<br />Dead of Trust within the preceding Melva (12) months, it may be cured (and no Event of Default will have occurred) ff Borrower or Trustor,
<br />after Lender sands written notice demanding cure of Such failure- (a) cures the failure within thirty (30) days; or (b) If the cure requires more
<br />than thirty (30) days, immediately initiates steps sufficient to cure the failure and thereafter Continues and completes all reasonable and
<br />necessary steps sufficient to Prof compliance as soon as reasonably Practical
<br />RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Dead of Trust, at any time thereafter, Trustee or Lentler may
<br />exercise any one or more of the following rights and remedies
<br />Acceleration Upon Default; Additional Remedies. If any Event of Default occurs as per me terms of the Note secured hereby, Lender
<br />may declare all Indebtedness secured by this Deed of Trust to be due and payable and the same shall thereupon became due and
<br />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 own name
<br />or in the name of Trustee, and do any acts which it deems necessary or desirable to preserve the value, marketability or rentability
<br />of the Property, or part of the Property or interest in the Property, increase the income from the Property or protect the security of
<br />the Property; and with or without taking possession of the Property, sue for or otherwise collect me 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, to any indebtedness secured by cols Deed of Trust, all in such order as Lender may determine. The entering upon and taking
<br />possession of the Property, the collection of such rents, issues and profits, and the application thereof shall not cure or waive any
<br />default or notice of default under this Deed of Trust or invalidate any act done In response to such default or pursuant to such
<br />notice of default, and, notwithstanding the continuance in possession of me Property or the collection, receipt and application of
<br />rents, Issues or profits, Trustee or Lender shall be entitled to exercise every right provided for In the Note or the Rotated
<br />Documents or by law upon me occurrence of any event of default, including the right to exorcise the power of sale;
<br />(b) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver or specifically enforce any of the
<br />covenar ,hereof; and
<br />(c) Deliver to Trustee a will len declaretlon 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 filed for record In the appropriate offices of
<br />Me County in which the Property is located, and
<br />let With respect to all or any part of file Personal Property, Lender shell have all the rights and remedies of a secured parry under
<br />the Nebraska Uniform Commercial Code.
<br />Foreclosure by Power of Sale. If Lender sleets to foreclose by exercise of the Power of Saln herein contained, Lender shall notify
<br />Trustee and shall deposit with Trustee this Deed of Trust and the Note and such receipts and evidence of expenditures made and
<br />secured by this Deed If Trust as Trustee may require
<br />(a) Upon receipt of such notice from Lentler, Trustee shall cause to be. recorded, published and delivered to Trustor such retire,
<br />of Default and Notice of Sale as then roquired by law and by this Decd of Trust. Trustee shall, without demand on Trustor, after
<br />such time as may then he required by law and after recordation of such Notice of Default and after Notice of Sale having been
<br />given as required by law, sell the Property at me time and place of sale fixed by It in such Notice of Sale, either as a whole, or in
<br />separate lots or parcels or items as Trustee shall doom expedient, and in such order as it may determine, at public auction to the
<br />highest bidder for cash in lawful money of the United States payable at the time of sale. Trustee shall deliver to suoil purchaser or
<br />purchasers thereof its good and sufficient tleetl or deeds conveying the property so sold, but without any covenant or warranty,
<br />express or implied. The recitals In such dam of any matters or facts shall be conclusive proof of the truthfulness thereof. Any
<br />person, including without limitation Trustor, Trustee, or Lender, may 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 />evidence of title In Connection with sale, Trustee shall apply the proceed. of sale to payment of (i) It sums expanded under the
<br />farms of this Deed of Trust or under the terms of the Nate not then repaid, Including but not limited to accrued interest and late
<br />charges, off all other sums then secured hereby, and (Ill) 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 of or any portion of the POporty.
<br />Remedies Not Exclusive. Trustee and Lender, and each of them, shall be entitled to enforce payment and performance of any
<br />
|