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DEED OF TRUST 200214510 <br />Loan No: 1632058 (Continued) Page 4 <br />assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under Any bankruptcy or <br />Insolvency laws by or against Trustor. <br />Creditor or Forfeiture Proceedings. Counnencernenl of foreclosure of forfeiture proceedings, whether by judicial proceeding, self —help, <br />repossession or any other method, by any creditor of Truslor or by any governmental agency against any property serhang the <br />Indebtedness. This includes a garnishment of any of Truslor'e accounts, including deposit a nc Lurts, with Lander. However, this Event of <br />Default shall not apply If there is a good faith dlspule by Trustor as to the validity or reasonableness of the claim which is the basis of the <br />creditor or federate proceeding and If Truslor gives Lender wanted denied of the creditor or torsions proceeding and deposits w,in Lender <br />monies of a surety bond for the creditor or Isbell proceed 9, In an amount determined by Lentler, m Its sets dlscrelion, es being an <br />adequate reserve or bond for the dispute. <br />Breach of Other Agreement. Any breach by Truslor under the terms of any other agreement between Truster and Lander that is not <br />remedied wflhin any grace period provided theratn, including without limitation any agreement concerning any indebtedness or other <br />obligation of Truster to Lender, whether existing now or later. <br />Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surely, or accommodation party <br />of any of the Indebtedness or any guarantor, endorser, surely, or accommodation party dies or becomes Incompetent, or revokes or disputes <br />the validity of, or Iiablity, under, any Guaranty of the Indebtedness. In the event of a death, Lender, at its option, may, but shall nor be <br />required to, permit the guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner sabsfaclory to <br />Lender, and, in doing so, cure any Event of Default. <br />Adverse Change. A material adverse change occurs In Trusters financial condition, or Lender darkness 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. If such a failure is curable and If Truslor has not been given a notice of a breach of the scone provision of this Deed of Tmsl <br />within the preceding twelve (12) months, It may be cured land no Event of Default will have occurred) If Truslor, star Lender sends 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 Artiafe5 steps Sufficient to turn the failure and thereafter continue, and completes all reasonable and necessary steps suflicamid <br />to produce compliance as soon as reasonably pmtllcal. <br />RIGHTS AND REMEDIES ON DEFAULT. If an Event 0 Default occurs under this Deed el 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. It any Event of Default occurs as per the terms of the Note secured hereby, Lender <br />may deolare ell Indebtedness senurod by this Deed of Tlliat to no due and payable antl bar Same shell lima )pen neeoms due and <br />payable without any par enta 1. demand protest or notice of env kind. Thereafter. Lender may. <br />(a) Either In person or by annul_ with is without banging any action or pincooding, or by s renaivar appointed by A court and <br />without record In the adequacy of Its ,,carry, ends, upon and lake possessed of the Property, or any pad thereof. In its own name <br />or In the name of Trustee, and do any acts winch Id damns r- sessary of desirable to anseve the value, marketahilly or rentudellly <br />of the Property, or part of the Property or irnlefest In the Property Increase the Income nom 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 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 Properly, the colleclion of such rents, Issues and profits, and the applrcalion thereof shall not cure or waive any <br />default or notice of default tinder this Deed of Trust or Invalidate any art done In response to such default of pursuant to such <br />notice of defaull; and, notwithstanding the oonlinuance In possession of the Properly of collection, feedlot and apploulion of <br />rents. Issues or profits, Trustee or Lender shall be entitled to exercise every right provided for iu the Note or the Related <br />Documents or by law upon the occurrence of any event of defaull. including the right to exercise the power of sale.. <br />(b) Commence an action to fousel a this Dead of True) as a mortgage, appoint a reressr or specifically anfnrce any of Ins <br />covenants hereof, and <br />10) Deliver Id Tmslae A written dr,donatlen of defaull antl demand to are and a wr,tl,, notice at upend and oodu , to fanSP <br />Trustor$ interest in the Property to be sold, which nntim Tmsled shall cause In he duly filed for record In the appropriate metrics of <br />the County In which the Property Is location, and <br />(d) With respect to all or any pad of the Personal Property, Lender shell have all the nghls and remedies of e secured party under <br />the Nebraska Uniform Commercial Code. <br />Foreclosure by Power of Sale. It Lender steals to fnreold,A by examlee of the Power of Sale herein rontamme, fender shall relay <br />Trustee and shall deposit with Trustee this Heed of Trial and the Note and soon receipts antl evickmen of expenditures mane and <br />secured by this Deed of Trust as Trustee may require. <br />(a) Upon receipl of such notice from Lander, Trustee shall cause to hs recorded, published and delivered to Truster such Notice <br />of Default and Notice of Sale as then required by law and by this Deed of Trust, Trustee shet l. without demand on Trusor, after <br />such time as may then be required by law and after recordation of such Notice of Default and after Notice of Sale having been <br />given as required by law, sell the Properly at the time and place of sale fixed by it In such Notice of Sale, either as a whole, or In <br />separate Iota, or parcels or items as Tmsiee shall deem expedient, and in such order as it may determine, al public auction to Iha <br />highest bidder for cash in lawful money, of the United Slade, payable al the time of sale Truste, shall deliverto such pumnaseror, <br />purchasers thereof Its good and suffi lenl deed or focus conveying the properly so Told . on w lupin any e ssuffot or warranty , <br />express i implied. The an tale in 51 deed of as firdfiv .t, fact, shall I nclus,-, of of the t ulMUl less the e-ol. Any <br />person, including without Imitation T-Wn. Trustee. o, Lender. may p,ncha,e al such sale. <br />(b) As may be Penalled by law. ails, deducting all costs fees and experaes at Irudee and of this Trost, including costs of <br />evidence of title In connection with sale Trustee shall apply the proceeds at sale b, payment of (b all sums expended Linder the <br />terms of this Dead of Trual m Linder Ina terms of the Note nor then repaid. Including bLil i rini to accrued interest and Tale <br />charges, (if) all other sums than ser mad herat, and (riil the remainder. If any to the perms or persons legally entitled Iherelo. <br />(c) Trustee may In the manner provided by law postpone sale of all or any Necked of the density <br />Remedies Not Exclusive. Trustee cad Lentler, and each of them, shall be entitled to snlerce payment and performance of any <br />Indebtedness or obligations secured by this Dead of Trust and to exercise all rights and powers antler nulls Dead of Trust, Roder the Nota, <br />under any of the Related Documents, or under any other agreement or any laws now or hereafter In lama notwithstanding, some or all of <br />such indebtedness and obligations secured by this Deed of Trost may now or hereafter be omorwrse accused, whether by moi deed of <br />trust, pledge, lien, assignment or otherwise. Neither the e,pp,unye of this Deed of Trust nor Its enbm,nni whether by cowl ncter or <br />pursuant to the power of sale or other powers contained in this Deed of Tonal. shall prejudice, or In any manner affect Trustee's or Lender's <br />right to realize upon or enforce any other security now or herwster held by Trustee or Lander it losing agreed that Trustee and Lender and <br />each of them, shall be emitted to enforce this Deed of Trust and any ether security now or ncreases Meld by I ender or Trustee In such order <br />and manner as they or either of them may in their absolute d,scrclior drtermfne No comedy conferrmrf upon or reserved to Tro5leo or <br />Lender, Is Intended to be exclusive of any other re nney In this Deed it I i sl or by law provided or peon nfoi. but each shall be cumulative <br />and shall be in addition to every other remedy given In this Dead of Ti us1 or now or hareaflel existing at law or In equity or by statute. Every <br />power or remedy given by tha Note of any of the Related Donur dV to Trl Btee or Lender or to which either of them may he 0lherwlan <br />.Alliied, may be exerd5Ad, po duariftly or independently, from Inad to time and is often if may he deerned exceNEnt by TNSle1 or 1 and, <br />and either of them may pursue Inconsistent mmmdles. Nothing In this Dried of Trust shall be cansinisd as or Lender from seeking a <br />deficiency judgment against the Truslor to the extent such anion is penciled by law_ Elecnion by Lender to pursue any remedy shall not <br />exclude pursuit of any other remedy. and an election to make expendrlures or to lake action to perform an obligation of Trustor untler this <br />Dead of Trust, after Trul bull. to perform, shall not afferl I Pi right to declare a default and tricoose Its remedies, <br />Request for Notice. Truslor. on behalf pfTruslor and Lender, hereby Inquests that a copy of any Noliee of Default and a copy of any Notice <br />of Sete under this Deed of Trial be mailed to them at The addresses sef foil, In the host paragfapn of Its Deed of trust. <br />