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200207458
<br />DEED OF TRUST
<br />Loan No: 774576 (Continued) Page 5
<br />Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained in this Decd of Trust, the Note
<br />or in any of the Related DOCU -sue If such a failure is curable and if Truster has not been given a notice of a breach of the same
<br />provision of this Deed of Trust within the preceding twelve 112) months, it may he cured land no Event of Default will have occurred)
<br />If Truster, after Lender sends written notice demand ing cure of such isiIup, (a) cures the failure within ten (10) days; Or dd if the
<br />T requires more than ten 110) days, infrared l ately Initiates steps sufficient to cure the to l l ore 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
<br />insurance, or any other payment neces ary to prevent filing of or to effect discharge of any lien.
<br />False Statements. Any representation or statement made or furnished to Lender by Trustor or on Truster 's behalf under this Deed of
<br />Trust or the Related Documents Is false or misleading In any material respect, either now or at the time made or furnished.
<br />Defective Collateralization. This Deed of Trust or any of the Related Documents ceases to be in full force and effect (including failure
<br />of any 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 Trustor, the Insolvency of Trust., the appointment of a receiver far any part of Trustor'. property,
<br />any assignment for the benefit of creditors, any type of creditor workout, or the omnmencement of any proceeding under any
<br />bankruptcy or Insolvency laws by or against Truster.
<br />Taking of the Property. Any creditor or governmental agency tries to take any of the Property or any other of Trustor s property in
<br />which Lender has a Ilea. This includes taking of, garnishing of Or levying on Trustor'. aunts with Lender. However, if Trustor
<br />disputes In good faith whether the claim on which the taking of the Property Is based is valid or reasonable, and If Truster gives
<br />Lender written notice of the Balm and furnishes Lender with monies or a surety bond satisfactory to Lender to satisfy the claim, then
<br />this default provision will not apply.
<br />Breach of Other Agreement. Any breach by Trustor under the terms of any other agreement between Trustor and Lender that is not
<br />remedied within any grace period provided therein, Including without limitation any agreement concerning any Indebtedness Or Other
<br />obligation of Trustor to Lender, whether existing now or later.
<br />Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorse, surety, or accommodation
<br />party of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes al , mpeleel, u
<br />revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. In the event of a death, Lender, et its option`
<br />may, but shall not be required to, permit the guarantor's estate to assume unconditionally the ohligations arising under the guaranty In
<br />a manner satisfactory to Lender, and, in doing se, cure any Event of Default.
<br />Insecurity. Lender in good faith believes Itself insecure.
<br />Existing Indebtedness. The payment of any Installment of principal or any interest on the Existing Indebtedness is not made within the
<br />time required by the promissory note evidencing such indebtedness, or a default occurs under the instrument securing such
<br />indebtedness and is net cured during any applicable grace period in such instrument, or any suit or other action is Commenced to
<br />foreclose any existing lien on the Properly.
<br />Right to Cure. If such a failure is curable and if Trustor has not been given a notice of a breach of the same provision of this Deed of
<br />Trust wllhir, the preceding twelve (12) months, It may be cured (and no Event of Default will have occurred) if Trustor, after Lender
<br />sends written notice demanding cure of such failure- Ie1 cures s the fall lure within ten (10) days: or Ib)lf the cure requl Tea more than
<br />tan (10) days, immediately initiates steps sufficient to cure the failure and thereafter continues and completes all reasonable and
<br />notes ary steps suffirlent 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
<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 Notes red hereby,
<br />Lender may declare all Indebtedness secured by this Deed of Trust to be due and payable and the some shell thereupon become
<br />due and payable without any presenbnout, demand, protest or Thrice of any kind Thereafter, Lender may:
<br />(a) Either in Person or by agent, with or without bringing any action or prneeeding, 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, o any part thereof. in its
<br />own name o n the name of Trustee, and do any acts which it deems necessary or desirable to preserve the value,
<br />marketability or rentability of the Property, or part of the Property or interest in the Property; Increase the in a from the.
<br />rote
<br />Property Or pct the security of the Property; and, with or without taking possession of the Property, sue for cer hr otherwise
<br />collect the Tents, issues and profits of the Property, Including those past due and unpaid, and apply the same, less costs and
<br />expenses of operation and odlectwn attorneys' fees, to any Indebtedness secured by this Deed of Trust, all 'm such order as
<br />Lender may determine. The entering upon and taking possession of the Property, the collection of such rents, issues and
<br />profits, and the application thereof shall not cure or waive any default or notice of default under this Deed of Trust or
<br />validate any act done i espouse to curb default or pursuant to such notice of default; and, notwithstanding the
<br />continuance in possession of the Properly or the collection, receipt and application of rents, issues or profits, Trustee or
<br />lender shall be entitled to exercise every right provided for in 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 />(b1 Commence a action to foreclose this Deed of Trust as a mortgage, appoint a receiver or specifically enforce any of the
<br />covenants hereof; and
<br />(cl Deliver to Trustee a written daelaration of default and demand for sale and a written notice of cobalt and election to
<br />cause Truster '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 />(d) With respent to all or any part of the Personal Property. Lender shall have all the rights' and remedies of e secured party
<br />under the Nebraska Uniform Commercial Coca.
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