Laserfiche WebLink
DEED OF TRUST <br />Loan No: 774150 200205998 (Continued) Page 5 <br />Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained in this Deed of Trust, the Note <br />or in 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 <br />the same provision of this Deed of Trust within the preceding twelve 0 2) months, it may be cured tend no Event of Default will have <br />redl if Borrower or Trustor, after Lender sends written notice demanding cure of such failure: (a) cures the failure within ten <br />if 0) days; or of if the cure requires more than ten (10) days, immediately initiates steps sufficient to cure the failure and thereafter <br />continues and completes .II .ease noble 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 <br />insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien. <br />Falm Statements. Any epr ... motion ar statement made or furnished to Lender by Borrower or Trustor or on Borrower's or Trustor's <br />behalf under this Deed of Trust m the Related Documents Is false or misleading in any material respect, either now or at the time <br />made or furnished. <br />Defective Collateralization. This Deed of Trust or any of the Related Documents ceases to be in fill force and effect (including failure <br />of any collateral document to create a valid and preferred security interest or Ilan) 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 <br />part of Borrower's or Trustor's property, any assignment for the benefit of creditors, any type of creditor workout, or the <br />ant of any proceeding under any bankruptcy or insolvency laws by or against Borrower or Trustor. However, the death of <br />any Borrower or Trustor will not be an Event of Default if as a result of the death of Borrower or Trustor the Indebtedness is fully <br />covered by credit life Insurance. <br />Taking of the Property. Any creditor or governmental agency tries to take any of the Property or any other of Borrnwor's or Trustor's <br />property in which Lander has alien. This includes taking of, garnishing of or levying on Borrower's or Trustei s accounts with Lender. <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 <br />reasonable, and it Borrower or Trustor gives Lender written notice of the claim and furnishes Lender with monies or a surety bond <br />satisfactory to Lender to satisfy the claim, than 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 <br />Trustor and Lender that is nut remedied within any grata period provided therein, including without limitation any agreement <br />concerning any 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 modation <br />party of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party dies 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. Lander in good faith believes itself insecure. <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 <br />this Deed of Trust within the preceding twelve (I 2f months, it may be cured land no Event of Default will have occurred) If Borrower <br />or Truster, after Lander sends written notice demanding cure of such failure: (a) on res the failure within ten 00) days; or (b) If the <br />sure requires more than ten 00) days, immediately initiates steps sufficient to cure the failure and thereafter continues and completes <br />all reasonable and 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 Dead of Trust, at any time thereafter, Trustee or Lender <br />may 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 the terms of the Not. counted hemby. <br />Lender may declare all Indebtedness secured by this Deed of Trust to he due and payable and the same shall thereupon become <br />due and 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 <br />own name or in The name of Trustee, and do any acts which it deems necessary or desirable to preserve the value, <br />marketability or eumbility of the Property, or part of the Property o Interest in the Property; increase the income from the <br />Property or protect the security of the Property; and, with or without taking possession of the Property, she for or otherwise <br />collect the rents, issues and profits of the Property, including those past due and unpaid, and apply the same, loss 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, is and <br />profits, and the application thereof shall not cu or waive any default or notice of default under this Deed of issues <br />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, r ompt and application of rents, issues or profits, Trustee or <br />Lender shall be emul.ol to e very right provided for n the Note or the Related Documents or by law upon the <br />occurrence of any event of default, including the right to exercise the power of sale; <br />Ibl Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver or specifically enforce any of the <br />covenants hereof; and <br />(c) Deliver to Trustee a written declaration of default and demand for sale and a written notice of default and election to <br />cause Trustor's interest In the Property to be sold, which notice Trustee shall cause to be duly filed for record in the <br />appropriate offices of the County in which the Property is located; and <br />Id) With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party <br />under the Nebraska Uniform Commercial Code. <br />Foreclosure by Power of Sale. If Lender elects to foreclose by exercise of the Power of Sale herein contained, Lender shall notify <br />