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DEED OF TRUST
<br />Loan No: 1551209 200207138 (Continued) Page 4
<br />Related Documents.
<br />False Statements. Any warranty, representation ar statement made or furnished to Lender by Borrower or Trustor or on Borrower's or
<br />Truslors behalf under this Deed of Trust or the Related Documents is false or misleading In any material respect, either now or at the time
<br />made or furnished or becomes false or misleading at any time thereafter.
<br />Defective GellaterNtmtlon. This Dead of Trust or any of the Related Documents ceases to be in full force and effect (including failure of any
<br />olateral document to Create a valid and perfected security interest or lien) at any time and for any reason.
<br />Death or Insolvenry. The death of Borrower or Truslor the Insolvency of Borrower or Trusleq the appointment Of receiver for any pert of
<br />Borrowers or Truslors properly, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any
<br />processing under any bank bill or Insolvency laws by or against Borrower or Toaster.
<br />Creditor or Forfeiture Proceedings. Commencement of foreclosure or forkilure proceedings, whether by lUdioial proceetltrg, self —help,
<br />repossession or any other method, by any creditor of Borrower or Trustor or by any governmental agency against any property Securing the
<br />Indebtedness. This Includes a gernishmenl of any of Borrower's or Totho s accounts, including depose accounts, with Lender. However,
<br />this Event of Default shall not apply 11 there is a good fah dispute by Borrower or Trustor as to the validity or reasonableness of the claim
<br />which is the basis of the creditor or areilure proceeding and if Borrower or Truslor gives Lender written nonce of the creditor or forfeiture
<br />proceeding and deposlls with Lender monies or surely bond for the creditor or forfeiture proceeding. In an amount determined by Lender,
<br />In its sole discretion, as being an adequate reserve or bond for the dispute.
<br />Breach of Other Agreement. Any breach by Borrower or Trustor under the terms of any other ogre rna l 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 Trader to Lender, whether exisllrg now or litter.
<br />Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser surety, or mmodation parry
<br />of any of the Indebtedness or any guarantor, endorser, surely, or accommodation party day or becomes incompetent or revokes or disputes
<br />the validity of, or liability under, any Guaranty of the Indebtedness. in the event of death, Lender, at its option, may, but shell not be
<br />required to permit the guarantor's estate to assume unconditionally the obligations arising Under the guaranty In a manner satisfactory In
<br />Lender, and in doing so, cure any Event of Default.
<br />Adverse Change. A material adverse change occurs In Borrower's or Trustor's flnanol9l condition, or Lender believes the prospect of
<br />payment or performance of the Indebtedness is impaired.
<br />Inwcudly. I. ender in good faith believes Itself Insecure.
<br />Right t0 Cure. If such a failure is curable and II Borrower or Trustor has riot been given a nonce of a breech of the same provision of this
<br />Deed of Trust within me preceding twelve (12) months, It may be cured (and no Event of Default will have occurred) if Borrower or'ruslor,
<br />after Lentler bonds written nonce demanding cure of Such Morris (al cures the failure within 4aeen (if) days; or di if the cure requires
<br />more than fiHean (I5) days, immediately Inmates steps sufficient to cure the falmre and thereafter continues and (associates all reasonable and
<br />resprowary 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 may
<br />exercis e any one or more of the following rights and remedies:
<br />Acceleration Upon Default; Additional Remedlea. If any Event of Default Occurs as per the 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 become due and
<br />payable without any presentment, demand, protest or nonce of any kind Thereafter, Lender may
<br />(e) Rare 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 amount, 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 ads which it deems necessary or desirable to preserve the value, marketability or annabllly
<br />of the Property, a( part of the Property or Interest in the Property; Increase the Income from the Property or protect the security of
<br />the Propery; and with or without taking possession of the Property, sue for or otherwise colleen the Marls, Issues and profits of the
<br />Property, including those past due and unpaid, and apply the same, less casts and expenses of operation and collection attorneys
<br />fees, to any Indebtedness secured by this Deed of Trust. all In such order as Lender may determine. The entering upon and taking
<br />possession of the Property, be 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 dessull or pursuant to such
<br />notice of default; and, notwithstanding the continuance In possession of the Properly or the collection, receipt and fo tball of
<br />rents, Issues or profit, Trustee or Lender shall be folied to exercise every right provided for In the Note ar the Related
<br />Documents or bylaw upon the occurrence of any event of default, including the right to exercise the power of safe;
<br />to) 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 />(a) Deliver to Trustee a whiten daaaranon of dorms and demand ffor sale and a written cards of default and election to cause
<br />Tolstor's interest in the Property In be sold, whims notice Trustee shall cause to be duly tiled for record In the appropriate ofilrea of
<br />the County In which the Property is located; and
<br />up With respect to all or any part of the Personal Properly, Lender shall have all the rights and remedies of secured party under
<br />the Nebraska U011orm Commercial Code.
<br />Foreclosure by Power of Sate. If Leader stools to foreclose by exercise of the Power M Sala herein contained Lender shall ruble
<br />Trustee and shall deposit with Trustee this Deed of Trust and the Note and such receipts and evidence of expendHures made and
<br />secured by this Deed of Trust as Trustee may whole.
<br />(n) Upon receipt of such notice from Lender, Trustee shall cause to he recorded, published and delivered to Truslor such Nonce
<br />of Default and Notice of Sale as then required bylaw and by this Deed of Trust. Trustee shall, Without demand on Trustor, after
<br />such time as may then to required by law and after recordation of such Notice of Default and after Nonce of Sale having been
<br />given as required by law, sell the Property at the time and place of safe fixed by 11 In such Notice of Seta, either as a whole, or In
<br />separate lots or parcels or Items as Trustee shall deem expedient. and in such order as H may determine at public auction to the
<br />highest bidder for mash in lawful money of the United Slates payable an the lime of sale. Trustee shall deliver to such purchaser or
<br />Purchasers thereof Its good and sufficient deed or deeds conveying the property So sold, but without any covenant or warranty,
<br />express or Implied The recitals In such deed of any matters or facts shall be condusive proof of the Irulnfulness thereof. Any
<br />person, including without limitation Truslor Trustee, or Lender, may purchase at such safe.
<br />@l 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 prmads of safe to payment of (p all sums expended under the
<br />terms of this Deed of Trust or under the terms of the Note not then repaid including but not limited to accrued Interest and late
<br />charges, (it) all other sums then scoured hereby, and (!it) the remainder, if any, to the person or persons legally entitled thereto.
<br />(c) Trustee may In the manner provided bylaw postpone sale of all or any portion of the Property.
<br />Remedies Not ExCIUSlve. Trustee and Lender, and each of them, shall be entitled to enforce payment and performance of any
<br />indebtedness or obligations secured by this Used of Trust and to exercise all right and powers under this Dead of Trust, Under IM1e Note,
<br />under any of the Related Documents, or under any other agreement or any laws now or hereafter In form; noNfilhstanding, some or all of
<br />such Indebtedness and obligations secured by this Dead of Trust may now or hereafter be otherwise secured whether by mortgage, deed of
<br />trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, whether by coon action of
<br />pursuant to the power of sale or ether powers contained In this David of Trust shall prejudice or In any manner affect Trustees or Lender 'a
<br />right to realize upon or enforce any other Security now or hereafter Maid by Trustee or Lender, ll being agreed that Trustee and Lender, and
<br />each of them, shall be entitled to enforce this Dead of Trust and any other security now or hereafter held by Lender or Trustee to such order
<br />and m as they or either of them may in their absolute decision determine. No remedy conferred upon or reserved to Trustee or
<br />Lenders is Intended to be exclusive of any other remedy in m15 Deed of Trust or by law provided or permitted but each shall be cumulative
<br />and shall be In addition to wary other remedy give n in this Deed of Trust or now or hereafter existing at law or In equity or by statute. Every
<br />power or remedy given by Me Note or any of the Related Documents to Trustee or Lender or to which either of them may be otherwise
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