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200207139 DEED OF TRUST <br />Loan No: 1551209 (Continued) Page 4 <br />Related Documents. <br />False Statements. Any warranty, representellon or statement made Or furnished to Lender by Borrower or Trustor or on Borrower's or <br />Truslor's behalf antler this Deed of Trust Or the Related Documents Is Isla 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 />Delectiver CollaterNlzatlon. This Deed Of Trust or any of the Raleled Documents ceases to be in lull force and effect (including Failure of any <br />collateral document to create a valid and padecled sacurtty 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 pert of <br />Borrower's or TrusloPs property, any assignment for the benefit of creditors, any type of creditor workout or the commencement of any <br />proceeding under any bankruptcy or Insevency taws by Or against Borrower or Trustor. <br />CradltOr Or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by imperial proceeding, sell -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 garnishment of any of Borrower's or Trvstor's accounts, Including deposit amounts, with Lender. However, <br />this Event of Default shall not apply If there Is a good faith dispute by Borrower or Trustor as l0 the validity or reasonableness of his claim <br />which Is the basis OF the creditor Or forfeiture proceeding and if Borrower or Trustor gives Lender written notice 0f the creditor or fortellure <br />proceeding and deposits with Lender MOnte$ Or a surely bond Far 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 0 sputa. <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 thril llon any agreement concerning any <br />Indebtedness or other Obligation Of Borrower Or Trusor 10 Lender, Whether eXedllrlg now Or IBfer. <br />Events Aaecting Guarantor. Any of the preceding awards occurs with respect to any guarantor, endorser, surety, or accommodation party <br />of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party tiles or becomes Incompetenl, 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 guarantors 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 />Adverse Change. A material adverse change occurs In Borrower's or Truslm's Financial conddion, or Lender believes the prospect of <br />payment or performance of the Indebtedness Is impaired <br />Insecurity. Lender in good faith believes Itself Insecure. <br />Right to Cure. If such a failure is curable and If Borrower or Truster has car been given a notice of a breach of the same prowl of this <br />Deed of TNSI within the preceding twelve (12) months, II may be cured (and no Event of Default will have occurred) II Borrower or Trustor <br />after Lender sends written notice demanding cure of such failure: (e) cures the failure within Ilfteen (15) days; or (b) If the cure requires <br />more than fifteen (15) days, Immediately initiates steps sufficient to Cure the failure and thereafter continues and completes all reasonable and <br />necessary steps sufficient to produce compliance as scan as reasonably practical. <br />RIGHTS AND REMEDIES ON DEFAULT. It an Event 01 Default CMOs under this Deed of Trust, at any time thereafter, Ttuslee or Lender may <br />Exercise any one or more of the following rights and remedies: <br />AMelendion Upon DefaulC Additional Remedies. If any Event of Default occurs as per the terms of the Note secured hereby, Lender <br />may chose all Indebtedness secured by this DMtl of Trust to be due and payable and the same shall thereupon become due and <br />payable wtlhoul any presentment, demand protest or nonce of any kind Thereafter, Lender may <br />(a) Either In person or by agent, with or without bringing any action or procMdirg, or by a receiver appointed by a court and <br />wi1h0ut regard t0 the adequacy of its security, enter pon and take possession 0f the Property, or any part thereof, In its awn name <br />or in the name of Trustee and do any acts which it deems necessary or desirable to preserve the value, marketability or Fenlablllty <br />of the Properly, or pad of the Property or interest in as Properly; increase the income From Oe Property or frefecl the security of <br />the Property', end, with or without taking possession at the Property , sue For or otherwise rolled the rents, issues and profits of the <br />Property, including those pest due and unpaid, and apply the same, less costs and expanses of operation and collecAOn attorneys' <br />Face, to any Indebtedness secured by this Deed of Trust, all in such order as Lender may determine. The entering upon and terms <br />possession of the Properly, the collection of such rents, issues and profits, and the application thereof shall not cure Or waive any <br />default or notice 0f default under this Deed of Trust or invalidate any act done In response 10 such default Or pursuant to such <br />notice of default; and, notwithstanding the continuance In possession of the Property or the Coleman, receipt and application of <br />rents, issues or profits, Trustee of Lender shall be entitled to exercise every right provided for In the Note or the Related <br />Documents or by law upon the occurrence of any event of default, including the right to exercise the power of sale; <br />(b) Commence an action to foreclose this Dead of Trust as a mortgage, appoint a receiver Or specifically enforce any of the <br />cOvena0ts here0fl and <br />(c) Deliver to Trustee a written declaration of default and demand for sale and a written nonce of default and election to cause <br />Truslors Interesl In the Property to be sold which notice "mrso a shall cause to be duty filed For retard In the appropriate offices of <br />the County in which the Property is located; and <br />UH With respect to all or any part of the Personal Property, Lender shell have all the rights and Crowded ed of a secured party under <br />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 shell notify <br />Trustee and shall deposit with Trustee this Deed of Trust end the Note and such dermar and evidence of expenditures made and <br />secured by his Dead of Trust as Trustee may dumb. <br />(a) Upon receipt of such notice from Lender, Trustee shall cause to be recorded, published and delivered to Trustor such Notice <br />of Default and Notice of Sale as then required by law and by this Dead of Trust. Trustee shall, without demand on Trustor after <br />such time as may then be required by law and after recordal on of such Notice of Default and after Notice of Sale having been <br />given as required by law, sell the Property at the Nne 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 deem expedient, and In such order 0511 may determine, at public doctor to the <br />highest bidder for cash In lawful money of the United States payable at the time of sate. Trustee shall poll l0 such purchaser Of <br />purchasers thereof Its good and sufficient deed Or deeds conveying the properly so sold but without any covenant or warranty, <br />express or implied The recitals In such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any <br />person Including without limitation muelor, Trustee, or Lender, may pureness at such sale. <br />dd As may be permitted by law, after deducting all doctor lees and expenses of Trustee and 0f IMs Trust Including casts of <br />evidence of title In connection with sale, Trustee shall apply the proceeds of sale to payment of (i) all sums expanded under the <br />terms of this Deed of Trust of under the terms of the Note n0t then repaid, Including but not limited to accrued Interest and late <br />charges IF all other sums men secured hereby and pip the remainder, if any, to the person or persons legally entitled thereto. <br />Of Trustee may In the manner provided by law postpone sale of all or any portion of the Property. <br />Remedies Not Exclusive. Trustee and Lender, and each of them, shall be entitled to onto" payment and performance of any <br />indebtedness or obligations secured by this Deed of Trust and t0 exercise all rights and powers under this Deed of fund, under the N0te, <br />under any of the Related Documents, or under any other agreement or any laws now or hereafter in force; notwithstanding, 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 />o-uet pledge, Iran, assignment or otherwise. Neither the Acceptance of this Dead of Trust nor its enforcement whether by comt action or <br />pursuant to the power of sale or ether powers contained In this Deed of Trust shall prejudice or n, any manner affect Trustee's or Lenders <br />right to realize upon or enforce any ether security now or hereafter hold by Trustee or Lender 11 being agreed that Trustee and Lender, and <br />each of them, shall be arrived to enforce this Deed of Trust and any other secmuy now ar hereafter held by Lender or Trustee in such order <br />and manner as they or either of them may to their absolute discretion determine. No remedy conferred upon or reserved to Trustee or <br />Lender, Is Intended to be exclusive of any other remedy In this Dead of Trust or by law provided or permitted but each shall be cumulative <br />and shall be In addition t0 every Other remedy given 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 the Note or any of the Related Documents to Trustee or Lender or to which adder of them may be otherwise <br />