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<br />V6-01-'1988 <br />Loan No 5571 <br /> <br />DEED OF TRUSts 102842 <br />(Continued) lS- <br /> <br />Page 4 <br /> <br />r <br /> <br />.irust within ttJe preooCllng lWOlve (12) monlhs. it mil}! be cured (and no Event of Default wiR h.ve occurred) If Grantor, aftef receiving written notice <br />from Lender demanding cure of such fallure: (a) cures tho fllllure with fifteen (15) d.ys: or (b) If the cure requires more than fifteen (15) days, <br />liTlIl'laCI/ately Initiates steps sufficient to cure tllo failure and thereafter continues and completes .. reasonable and necessary steps sufllclent to <br />produce compliance 119 soon as reasonably practical. <br /> <br />Bruc:h-. Arry warranty, reprosontatlon or statement made or !umlshed to Lender by or on behalf of Grantor under this Deed of Trust, tho Note <br />or the Related Oo\:umenb III, or at the time made or furnished was, fa.lge In any material respect. <br /> <br />Insolvency. The Insolvency or Grantor, appointment of II receiver for any part of Grantor's property, any assIgnmoot for tho benefit of creditors, <br />the commencement of .ny procoodlng under any bankruptcy or Insolvency I.ws by or against Grantor, or the cII88oIutlon or termination of <br />Grantor's 8xlSience as a going business (If Grantor Is a business). Except to the extent prohlb/led by fedora/law or Nebraska law. the death of <br />Grantor (If Grantor is an Incllvldunf) also shllll constitute an Event of Default under thill Deed of Trust. <br /> <br />Fcmtclosur., "c. Corrmencemont 01 loreclosure, whether by judicial proceeding, 8811-help, repossession or any other method, by any creditor of <br />Grantor against any or the Property. However, this subllectlon shall not apply In the event of a good faith dispute by Grantor as to the validity or <br />reaon.blellOO8 of the claim which Is the basis of tho roreclosure, provided that Grantor gives Lender written nollce of such claim and furnishes <br />I'OS8iVt'l8 or a surety bond for the claim sallsfectory to Lender. <br /> <br />Dtuch of Other AgrHment. Any breach by Grantor under the tem19 of arry other agreement between Grantor and Lender that Is not remedied <br />within any grace period provldod therein, Including withoutllmltatlon any agreement concerning arry Indebtedness or Olher obligation of Grantor to <br />lendsi', whether fIldstIng now or lalor. <br /> <br />eventa Athlctlng Guarantor. Arry of the procodlng ovonts occurs with respect to any Gu....ntor of arry of the Indebtedness or such Guarantor <br />dies or becomes IllCO/l1)Ot8nt. Lender. at Its option, may, but shall not be required to, permlI the Guarantor's estate to assume unconditionally the <br />obllgatiornlllfislng und8' the guaranty In a manner satisfactory to Lender, and. In doing 90, cure the Event of Default. <br /> <br />InHCUflty. Lender In good faith doom9ltso1f insecure. <br /> <br />RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Event of Default .nd at any time thereafler, Trustee or Lender, at its option. may <br />exercise arry one or more of the following rights and rema<lles, In addition to any other rights or remedies provided by law: <br /> <br />AcceleraUon upon~; AdcItlonaf Rem..... If.rry event of del.ult occurs which Is not cured within fifteen (115) days after no!lce. as per <br />tho t8mII of the Note secured hereby, Lender may dac\aro III Indebtedness secured by this Deed of Trust to be due and payable and the S8ITI8 <br />shall theroupon bec:OTl'l& dUe and paVllblo wlthouf any prosentmunt. demand, protest or notico of Irry kind. Therea1'ter, Lender may: <br /> <br />(a) Either in person or by agent, with or without bfinglng any IICtIon or proceedlng, or by I receiver eppolnted by a coun and without regard <br />to the adequecy 01 its security, enter upon and tlloke poll8llllSion of the Property, or arry part therf)Of. in Its own name or in the name of <br />TI'lJStee, and cIo any IlCts which II dooms nocessary or desirable to preserve the v8luo, maJkeablfity or rentablIi1y of the Property, or part of <br />the Property or interest In the Propooy: Incroase the income lTom the PropOfty or protect the securlfy or !he Property; and, with or without <br />IMIng poSSBSSion of tho Property, 008 lor or othefWloo rolloct too rents, Issuos and profitll of the Property, Including tho_ pa&t due and <br />unpaid. and apply the same, less costa and oxpenooa 01 operation and collection, to any Indebtedness secured by this Deed of Trust. .. in <br />such order e Lencler 1TI6}' determine. The entOfinq upon and taking possession of the Property. the collection of such rents, issueS and <br />proms, Ind the application thereof nhatl not cure or w8lvo any default or notice 01 default under this Deed of Trust or Invalid.. any act clone <br />in respor.oo to such default or purouant to such notJce 01 default; and, notwithstanding tho rontlnuance In poS3OS3ion of the Property or the <br />collection. ~t and application of ronts. issues or profits, Trustoe or le"der shalt be entitled to exercise every right provided lor in the NOIe <br />or the Related Documents or by law upon lhe occurronce 01 any event of default, Including the rlghl to exercise the power of ....; <br /> <br />(b) Corrmonce an action to lorodeoo this Doo<l of Trust as a mortgage. appoint . receiver or specilically enforce any of the covenants <br />huoof; and <br /> <br />(c) Oeliv<< to Trustoo I wrinen OOcIar.tIon 01 default and demand for sale and a written notlca of delault and election to cause Grantor's <br />Interest In the Propef1y to be sold. which nollOO Trustoo shall cauae to be duly filed for IllCOrd In the appropriate omces of the County in which <br />the Property Is lcealed; and <br /> <br />(d) With respect to II 01 any part 01 tho Personal Propel1y. Lender shall have all the rlghls and remedies of . 99CUrod party unci6r the <br />Nebf8Slca Unllorm Commorclat Code. <br /> <br />Fo:ecIoAre by Power of SaI.. If Lender aloets to loreclose by ellerclso 01 the Power of Sale herein contained, Lender shalt notify Trustee and <br />shall deposit with Trustee thl9 Dood of Trust Clnd tho NOlO and Sllch rooolpts and evidence 01 expenditures maoo <<nd OOQJre(l by this Deed 01 <br />Trust 83 Trustee may require. <br /> <br />(a) Upon receipt of such notJce from Lender, Trustee shall r.ause to be recorded, published and dolivored to Granlor such Nolice of Default <br />ond Nollce of Sale as then required by law and by this Deed 01 Trust. Trustee ahall, without demand on Grantor, after such lime.., may thon <br />be required by law and alter recordation of such Notice 01 DetliUlt and .ftor Notice of Sale having boon given as required by 1ft. .. the <br />Property at the Ilme and ptace of sale bed by It in such Notlca of Sale. eithlll' as a whole, or in separ.te lots or parcels or ItIImI . Trustee <br />shaH deem expedient. and In such order as it may determine. at public auction to the highest bldder lor cash In lawful money of the United <br />StI1ell paylllbMl at the time of sale. Trustee shall deliver to such purchaser or purchasers thereol Irs good and sufficient deed or deeds <br />conveying the property $0 9OIcl, but without any covenant or wllfTanty, express or l"lllied. The reclt8ls In such deed 01 arry mattera or flldS <br />shll be conclusive proof 01 the truthfulness thereof. Any perlIOn, Including without Ilrritation Grantor, Trustee, or Lender, may purchue at <br />SlJf:h sale. <br /> <br />(b) As may be permitted by law, afler deducting all COSlS. fees and 81lpenses 01 Trustee and 01 thls Trust, including costs of evidenCfl of title <br />In connection with sale, Trustee shall apply lhe proceedS 01 salo to payment of (i) all sums expended under the terms 01 this Deed of Tnlst Of <br />undel' the IElfI1'l!I or tho NolO nol then repaid, Including but not lIrrited to accrued Interoot and lata charges. (Ii) all olher sums then 80CUred <br />hereby, and (Ill) the rern~nder. 11 any. 10 tho person or persons legally entitled thereto. <br /> <br />(c) Trustee may in the manner provided by law postpone saIo ot all or any portion 01 the Property. <br /> <br />RIIMCIee Not Exdltllv.. Trustee and Lender, and each of them, shall be enlitled to enlorce paymol\t and pertormance 01 an)' Indebtedness or <br />obligations oocurocl by this Deed 01 Trust and to exercise all rights and powers under this Deed 01 Trust, under tho Note, under arry 01 the Related <br />Document:!, or under any olhor agreement or any laws now or horeaner In loroo; notwithstanding. ooma or all 01 such indebtedness and <br />obllgaUonn oooored by this Deed of Trust may now or hereafter be othelwtse oocured. whether by mortgage, doed of trust, pIedgo. lien. <br />uslgl1fT'l:ll'11 or othelwloo. Neither the l\OCeptance 011hi9 Deed of Trust nor Its enloroomant, whelher by court action or pursuant to the power 01 <br />uIo or othor powers contl1lnad In thL'i Deed of TruS1. shall prejudice or in arry manner aned Trustee's or Lendor'll right to realize upon or enforce <br />any other oocurtty now or herelllt01 held by Trustee or Londer, It being agreed lhat Truslee and Lender, and Ilach 01 them, shill be entllled 10 <br />enforce tt1lll Oood 01 Trust arId ony other security now or hereafter hold by Lender or Tnl51ee In slIch order and manner 8:l tho'; Ot either 01 them <br />rn&y In tholi Ilbi10lute dist1ot1on datennlllO. No remedy conterred upon or reserved to Trustee or Lender, Is lnlended to b9 exclusive 01 any other <br /> <br />L <br /> <br />L <br /> <br />~ <br />