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D~~D o~ TRUST 2pi002248
<br />Loan No: 808184 CContinuedl Page ~
<br />provided in this Deed of Trust or in any agreement related to this heed of Trust
<br />Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained in this Deed of Trust, the Note
<br />or in any of the Related Cocuments.
<br />Default on gther Payments. Failure of Trustor within the time required by this Dead of Trust to make any payment for taxes or
<br />insurance, or any other payment necessary to prevent filing pf or to effect discharge of any lien.
<br />Default in Favor of Third Parties. Should Grantor default under any loan, extension of credit, security agreement, purchase or sales
<br />agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Grantor's property or
<br />Grantor's ability to repay the Indebtedness or Grantor's ability rn perform Grantor's obligations unrlc+r this Deed of Trust or any of the
<br />Related Documents.
<br />Faise Statements. Any representation or statement made or furnished to Lender by Trustor or nn Trustee'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 tune made or furnished.
<br />Defective Cvllateralization. This Deed of Trust or any of the Related Documents ceases to ha in full force and affect lincluding 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 Trustor, the appointment of a receiver for any part of Trustee's property,
<br />any assignment for the benefit of creditors, any type of creditor workout, or the cornrnencement of any proceeding under any
<br />bankruptcy or insolvency laws by or against Trustor.
<br />Taking of the Property. Any creditor or governmental agency tries to take any of the Property or any other of Trustee's property in
<br />which Lender has a lien. This includes taking of, garnishing of rte levying ort '>-roster's accounts with Lender. However, if 'Trustor
<br />disputes in good faith whether the claim on which the taking n( the Property is based is valid or reasonable, and if Trustor gives
<br />Lender written notice of the claim 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 gther Agreement. Any broach by Trustor under the terms of any other agreement between 't'rustee and lender that is not
<br />remedied within any grace period provided therein, including without limitation any ayreerttent c:oncerniny 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
<br />party of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or
<br />revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness.
<br />Insecurity. Lender in goad faith believes itself insecure.
<br />Existing Indebtedness. The payment of any installment of principal or any interest on the F.xistiny indebtec.lness is trot made within the
<br />time required by the promissory note evidencing such indebtedness, or a default occurs under t:he instrument securing such
<br />indebtedness and is not cured during any applicable grace period in such instrument, nr any suit or other action is commenced to
<br />foreclose any existing lien ort ttte Property.
<br />Right to Cure. I( any default, other than a default in payment is curable and if Trustor has not begirt given a notice of a breach of the
<br />same provision of this Deed of Trust within the preceding twelve 11 L) months, it may be cured if 1"rustor, after Lender sends written
<br />notice to Trustor demanding cure of such default: (t) cures the default within twenty (20) days; ar 121 if the care requires more
<br />than twenty (20) days, immediately initiates steps which Lender deems in Lender's sole discretion to he sufficient to cure the default
<br />and thereafter continues and completes all reasonable and necessary sleeps sufficient to produce compliance as soon as reasonably
<br />practical.
<br />RiGWTI"s AND REMEDIES qN DEFAULT. If an F..vent of C')efault occurs under this Deed of Trust, at any time thereafter, Trustee ar Len(ler
<br />may exercise any one or mare of the following rights and remedies:
<br />Acceleration Upon Default; Additional Remedies. If any Event of De(aulC ocrws rr5 per Che LHrrns of the Noce secured hereby,
<br />Lender may declare all Indebtedness secured by this ^eed of Trust to be due and payable and the same shall thereupon become
<br />due and payable without any firesentrnenl, derrrand, protest or notice of any kind. Thereafter, (.ender may:
<br />la) Either in person or by agent, with or without bringing any action pr proceeding, or by a receiver appointed by a covet earl
<br />without regard to the adequacy of its security, enter upon and take possession of the Property, or any part thereof, in its
<br />own name or In the name of Trustee, and do any acts which it deems necessary or desirable to preserve the value,
<br />marketability or rerrtak>ility of the Property, or part of the Property or interest ire rite Property; increase the income frnrn ttte
<br />Property or protect the security of the Property; and, with or without taking possession of the Property, sue for or otherwise:
<br />collect the rents, issues and profits of the Property, including those past clue and unpaid, anti apply the same, less costs and
<br />expenses of operation and collection attorneys' toes, to any Ir1dP.btP.drteS$ sr?CUred by this Ueed of Trust, all in such order as
<br />Lender may determine. 'T'he entering upon and taking possessirnt of the Property, the collection of such rents, issues and
<br />profits, and the application thereof shall not cure nr waive any default or notice of default under this Deed of Trust or
<br />invalidate arty act done in response to such default or pursuant to such police of default; and, notwithstartrlirtg the
<br />continuance in possession of the Property or the collection, re[',eipf. arut application of rents, issues or profits, Trustee nr
<br />Lender shall be entitled to exercise every right provided for in the Note or the Belated Uoe;uments or by law upon the
<br />occurrence of any event of default, including the right to exercise the power of sale;
<br />Ibl Cornmenr•,e an action to foreclose this Deed of 7Yust as a mortgage, appoint a receiver or specifically enforce any of the
<br />covenants hereof; and
<br />(c) Deliver to Truskea a written declaration of default and drnnand for sale and a written notice of default and election to
<br />cause Trustee's interest in the Property to he 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 />Id- With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party
<br />undf'r the Nebraska Uniform Commercial Code.
<br />Foreclosure by Power of Sale. If Lender elect.5 to foreclose by exorcise of the F'ower of Sale herein contained, Lender shall notify
<br />Trustee and shall deposit with Trustee this Doed of Trust and the Note and such receipts and evidence of expenditures made and
<br />secured 6y this Deed of 'hrust as Trustee Wray require.
<br />(a) Upon receipt of such notice from Lender, Tnistee shall cause to be recorded, (tublished and delivered to TYuscor such
<br />Notice of befault antf Notice of Sale as then required by law and by this Deed of Trust. Truster; shall, without demand on
<br />Trustor, after such tune as may then be required by law and after recordation of such Notice of Default and after Notice of
<br />Sale having been given as required by law, sell fire Property at the time and place of sale fixed try it in such Notice of Sale,
<br />either as a whole, or in separate lots or parcels nr items as Trustee shall deers expedient, and in such order as it may
<br />determine, at public auction to rite highest bidder for rash in lawful money of the United States payable at the time of sale.
<br />Trustee shall deliver to such purchaser or purchasers thereof its good and su(ficiertC deed or deeds conveying the property sn
<br />sold, but without any covenant or warranty, express or implied. The recitals in such deed of any matters or facts shall be
<br />r,onclusive proof of the truthfulness thereof. Any person, including without limitation Trustor, Trustee, or Lender, may
<br />purchase at such sale.
<br />Ib) As may be permitted by law, after dedur,ting all costs, fees and expenses of Trustee and of this Trust, including costs of
<br />evidence of title in connectirin with sale, Trustee shall apply the proceeds of sale to payment of (i) all sums expended under
<br />the farms of this Deed of Trust or uncJer the terms of the Note trot then repaid, including but not limited to accrued interest
<br />and late charges, iii) all other sums then secured hereby, and (iii) the remainder, if any, to the person or persons legally
<br />entitled tfrereto~
<br />(c- Trustee may in the manner provided by law postpone sale of all or any portion of the Prot.terty.
<br />Remedies Not Exclusive. T1'ustee and Lender, and each of them, shall be entitled to enforce payment and performance of arty
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