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Loan No: 122210
<br />� ;, .
<br />DEED OF TRUST 2 Q 10 U 7 6 9 2
<br />(Continued)
<br />P�ge 4
<br />or in any of the Related Documents.
<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 ather payment necessary to prevent filing of or to effect discharge of any lien.
<br />FaNse Statements. Any representation or statement made or furnished to Lender by 7rustor or on Trustor's behalf under this beed of
<br />Trust or the Related Documents is false or misleeding in eny meteriel respent, either naw or et the time made ar furnished.
<br />Dafactive Cplla#erulization. Thia Deed of Trust ar eny 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 Iien) at any time and for any reason.
<br />Death or Insolvency. The death of Trustor, the insolvency of Trustar, the appointment of a receiver for any part of Trustor's property,
<br />eny essignmsnt for the 6enefit bf creditors, any typa of creditar wprkout, br the commencemant 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 Prnperty or any nther pf Trustar's property in
<br />which Lender has a lien. This includes taking af, garnishing of or levying on Trustor's accounts 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 trustor gives
<br />Lender written notice of the claim and furnishes Lender with mpnias pr a surety bond satisfactory to Lender to satisfy the claim, then
<br />this defauit provision will not apply.
<br />Breach of Other Agreement. Any breach by Trustor under the terms of any ather agreement between Trustor and Lender thet is npt
<br />remedied within eny 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 Guarantar. Any qf tha precading avents occurs with respect to any guarantor, endorser, surety, or accommodation
<br />party of any of the Indebtedness or any guarantor, endorser, surety, or accommndation party dies pr becomea incompetent, or
<br />revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness.
<br />Insecurity. Lender in good faith believes itself insecure,
<br />Right to Cure. If any default, other than a default in payment is curable and if Trustnr hea not bsen given a nptice af a breach of the
<br />same provision of this �eed of Trust within the preceding twelve (12) months, it may be cured if Trustor, after Lender sends written
<br />notice to Trustor demanding cure of such default: (1) cures the default within fifteen (15) days; ar (2) if the cure requires more than
<br />fifteen (15) days, immediately initiates steps whiph Lender deems in Lender's sole discretion to be sufficient to cure the default and
<br />thereafter continues and completes all reasonable end necessary steps sufficient to produce compliance as soon as reasonably
<br />pr9ctical.
<br />RIGHTS ANp REMEpIES ON bEFAULT. If an Event of Default occurs under this �eed of Trust, at any time thereafter, Trustee or Lender
<br />mey exercise eny nne pr more of the fvllowing rights and remedies:
<br />Acceleration Upon Default; Additional Remedies. If any Event of Default occurs as per the terms of the Note secured hereby,
<br />Lender mey dsclsre all Indebtadness secured by thia Deed of 1"rust to be due and payable and the same shall thereupon become
<br />due and payable without any presentment, demand, protest or notica of any kind. Thereafter, Lendar mey:
<br />(a) Either in person or by agent, with or without bringing eny ection qr proceading, or by e raceivsr apppinted by a court and
<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 7rustee, and do any acts which it deems necessary or desirable ta preserve the value,
<br />marketability or rentability of the Property, or part of the f'roperty or interest in the Property; increase the income from the
<br />Property or protect the security nf the Property; and, with or withau# teking ppssessipn pf the Prpperty, sus for ar otherwise
<br />collect the rents, issues and profits of the Property, including those past due and unpaid, and apply the same, less costs and
<br />expenses of pp�raUpn pnd CotFeertl2fn atfnrnay8` feas, to any indeb#ednssa secured by this Deed of 7rust, all in such order as
<br />Lender may determine. The entering upon and taking possession of the Property, the collection ot such rents, issuea and
<br />prafits, and the epplicetion therenf shall not cure or waive any default or notice of default under this Deed of 7rust or
<br />invalidate any act done in response to such default or pursuant to such nptice of defeult; and, notwithstanding the
<br />continuance in possession of the Property 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 ar the Related bocuments or by law upon the
<br />occurrence of any event of default, including the right to exercise the power of sale;
<br />(h) 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 />(c) Deliver to Trustee a written declaration of default and demand for sale and a written notice of default and election to
<br />cause 7rustor's interest in the Property to be sold, which notice Trustee shall cause to be duly filed for record in the
<br />appropriate pffices of the County in which the Property is located; and
<br />(d) With respect to all or any part af the Personal Property, Lender shsll hsve all tha rights and rsmedies of e secured party
<br />under the Nebraska Uniform Commercial Code.
<br />Foreclosure by Powar of Sals. 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 expenditurea made and
<br />seCUred by this beed of Trust as Trustee may require.
<br />(a1 Upon receipt of such notice from Lender, Trustee shall cause tn 1ae recprded, published and delivered to Trustor such
<br />Nptice nf Default end Notice of Sale as then required by law and by this Deed of Trust. Trustee shall, without demand on
<br />Trustor, after such time as may then be required by law and after recordation of such Notice of Default and after Notice of
<br />5ale having been given as required by law, sell the Property st the tims and plsce of sale fixed by it in such Notice of Sale,
<br />either as a whole, nr in seperete lots or percels or items as Trustee shall deem expedient, and in such order as it may
<br />determine, at public auction to the highest bidder for cash in lawful money of the United States payable at the time of sale.
<br />Trustee shall deliver to such purchaser or purchasers therepf its gaod and sufficient deed or deeds conveying the property so
<br />sold, but without any covenant or warranty, axpreas or implied. The recitals in such deed of any matters or facts shall be
<br />�onctusive proof o� the truthfa�tness thereof.. Any person, including without limitation Trustor, Trustee, or Lender, may
<br />purchase at such sale.
<br />�b► As may Be psrmitted by law, after deducting all costs, fees and expenses of Trustee and of this Trust, including costs of
<br />evidence of title in connection with sale, 7rustee shail apply the proceeds of sale to payment of �i) all sums expended under
<br />the terms of this peed of Trust or under the terms pf the Note not then repeid, including but not limited to accrued interest
<br />end late chergss, (ii) all other sums then secured hereby, and (iii) the remainder, if any, to the person or persons legally
<br />entitled thereto.
<br />(c) Trustee may in the manner provided by law postpone sale of all or any portion of the F'roperty.
<br />Remedieg Nat Exclusiva. Trustee and Lender, and each of them, shall be entitled to enforce payment and perfprmsnce af sny
<br />indebtedness or obligations secured by this Deed af Trus# and to exercise all rights and powers under this ❑eed of Trust, under the
<br />Note, under any of the Relsted Documents, or under any other agreement or any laws now or hereafter in force; notwithstanding,
<br />some or all of such indebtedness and obligations secured by this peed of 7rust may now pr heresfter be otherwise secured, whether
<br />by mortgage, deed of trust, pledge, lien, assignmant or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement,
<br />whether by court action or pursuant to the power of sale or other pawers contained in this f]eed of Trust, shall prejudice or in any
<br />manner affect Trustee's or Lender's right to realize upon or enforce any other security now or hereefter held by Trustee or Lender, it
<br />being agreed that Trustee and L.ender, and each af them, shall be entitled tn enforce this Deed of Trust and any other security now or
<br />hereatter held by Lender or Trustee in such order and manner as they or either of them may in their absolute discretion determine. No
<br />remsdy conferred upnn or reserved to Trustee or Lender, is intended to be exclusive of any other ramedy in this Deed of Trust or by
<br />law provided or permitted, but each shall be cumulative and shall be in addi#ion #o every other remedy given in this Deed of 7rust or
<br />now or hereafter existing at law or in equity ar by statute. Every pawer or remedy given by the Note or any of the Related Documents
<br />to Trustee or Lender or to which either of them may be otherwise entitled, may be exercised, concurrently or independently, from time
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