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DEED OF TRUST 200211976
<br />Loan No: 1604636 (Continued) Page 4
<br />assignment for the benefit of creditors, any type of creditor wodoul, or the commencement of any proceeding under any bankruptcy or
<br />insolvency laws by or against Trustor.
<br />Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self —help,
<br />repoireessian or any other method, by any creditor of Trustor or by any governmental agency against any property securing the
<br />Indebtedness. This includes a garnishment of any of Trustor's accounts, including deposit accounts, with Lender. However, this Event of
<br />Default shall not apply if there is a good faith dispute by Trustor as to the validity or reasonableness of the claim which is the basis of the
<br />creditor or forfeiture proceeding and if Trustor gives Lender written nonce of the creditor or forfeiture proceeding and deposits with Lender
<br />monies or a surely bond for the creditor or forfeiture proceeding, in an amount determined by Lender, In Its sole discretion, as being an
<br />adequate reserve or bond for the dispute.
<br />Breech of Other Agreement. Any breach by Truster under the terms of any other agreement between Trustor and Lender that Is not
<br />remedied within any grace penod 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, endorser, surety, or accommodation party
<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 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 Truser's financial condition, or Lender believes the prospect of payment or
<br />performance of the Indebtedness is impaired.
<br />Insecurity. Lender in good faith believes Itself Insecure.
<br />Right to Cure. It such a failure is curable and if Trustor has not been given a notice of breach of the same provision of this Deed of Trust
<br />within the preceding twelve (12) months, it may be cured (and no Event of Default will have secured) if Trustor, after Lender worts written
<br />notice demanding cure of such failure: (a) cures the failure within fifteen (15) days; or (b) If the cure requires more than fifteen (15) days,
<br />immediately initiates steps sufficient to cure the failure and thereafter continues sort completes all reasonable and necessary steps sufficient
<br />to produce compliance as soon as reasonably practical.
<br />RIGHTS AND REMEDIES ON DEFAOLT. It an Event of Default occurs under this Deed of Trust, at any time thereafter. Trustee or Lender 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 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 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 Properly, or any part thereof, in its own name
<br />or in the name of Trustee, and de 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 the 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 this Deed of Trust, all in such order as Lender may determine- The entering upon and taking
<br />possession of the Property, the colleolion 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 the 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 Relatetl
<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 Deed of Trust as a mortgage, appoint a receiver or specifically enforce any of the
<br />covenants hereof; and
<br />of Deliver to Trustee a written declaration of default and demand for sate and a written notice of default and election to cause
<br />Tructor'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 />the County in which the Property is Iooaled, and
<br />(d) With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies 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 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 Dead of Trust as Trustee may require.
<br />(a) Upon receipt of such notice from Lender, Trustee shall cause to be recorded. published and delivered to Truslor such Nolice
<br />of Default and Notice of Sale as then required by law and by this Deed of Trust Trustee shall, without demand on Trustor, offer
<br />such time as may then be required by taw and after recordation of such Notice of Dreaull and after Nolice of Sale having been
<br />given as required by law, sell the Property at the time and place of sale fixed by II In such Nolice of Sale, allher as a whole, or In
<br />separate lots or parcels or items as Trustee shall deem 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 such purchaser or
<br />purchasers thereof its good and sufficient deed or deeds conveying the property so sold but without any covenant or warranly,
<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 Trustor. Trustee, or Lentler may purchase at such seta.
<br />(b) As may be permitted by law, after deducting all costs, fees and expenses of Trustee and of this Trusl, Including costs of
<br />evidence of liffe in connection with sale, Trustee shall apply the proceeds of sale to payment of (I) 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, nit all other sums then secured hereby, and (iii) 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 all or any portion of the Property.
<br />Remedies Not Exclusive. Trustee and Lender, and each of them, shall be entitled to enforce payment and performance of any
<br />indebtedness or obligations secured by this Deed of Trust and to exercise all rights and powers under this Deed of Trust, under the sole,
<br />under any of the Related Documents, or under any other agreement or any laws how or hereafter In force; notwithstanding, some all of
<br />such indebtedness and obligations secured by this Deed 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 court action or
<br />pursuant to the power of sale or other powers contained in this Dead of Trust, shall prejudice or in any manner Street Trustee's or Lender's
<br />right to realize upon or enforce any other security now or hereafter held by Trustee or Lender, It being agreed that Trustee and Lender, and
<br />each of them, shall be entitled to enforce this Deed of Trust and any other security now or hereafter held by Lender or Trustee In such order
<br />and manner as they or either of them may In 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 Deed of Trust or by law provided or permitted, but each shall be cumulative
<br />and shall be In addition to every other remedy given in this Dead of Trust or now or hereafter existing at law or in equity or by slaters. Every
<br />power or remedy given by the Note or any of the Related Documents to Trustee or Lender or to which either of them may be otherwise
<br />entitled, may be exercised, concurrently or independently, from time to time and as cash as may be deemed expedient by Trustee or Lender,
<br />and either of them may pursue Inconsistent remedies. Nothing In this Deed of Trust shall be construed as prohibiting Lender from seeking a
<br />deficiency judgment against the Trustor to the extent such action is permitted by law. Election by Lender to pursue any remedy shall hol
<br />exclude pursuit of any other remedy, and an election to make expenditures or to lake Sel on to perform an obligation or Truspr under this
<br />Deed of Trust, offer Trustor's failure to perform, shall not affect Lender's right to declare a default and exercise Its remedies.
<br />Request for Notice. Trustor, on behalf of Trustor and Lender, hereby requests that a copy of any Notice of Default and a copy of any Notice
<br />of Sale under this Deed of Trust be unified to them at the addresses set forth In the flrel paragraph of this Deed of Trust.
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