Laserfiche WebLink
�� DEED OF TRUST 2o i o os 7 20 <br />Loan No: 101236204 (Continued) Page 5 <br />Gampliance qefault. Failure to comply with any other term, obligation, covenant or condition contained in this Deed of Trust, the Note <br />or in any pf the Ralated bocumants. <br />befault on Other Payments. Failure of Trustor within the time required by this Desd of Trust ta make any payment for taxes or <br />insurance, or any other payment necessary to prevent filing of or to eftect discharge nf any lien. <br />False Statements. Any representation or statement made or furnished to Lender by Trustar or qn Trustar'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 time made or furnished. <br />Defective Collateralization. This Deed of Trust or any of the Related Dvcuments ceases to be in full force and effect (including tailure <br />of any collateral document to create a valid and perfected security interest or lien) at any time and fnr any reason. <br />Death ar Insolvency. The death of Trustor, the insolvency of Trustor, the appnintment of a receiver for any part of Trustor"s property, <br />any assignment fvr the banefit af craditors, any type of creditor workout, or the commencement of any proceeding under any <br />6ankruptcy or insolvency laws 6y or against Trustor, <br />7aking of the Property. Any creditor or governmental agency tries to take any of the Property or any other af 7rustvr"s praperty in <br />which Lender has a lien. This includes taking of, 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 monies or a surety 6ond satisfactory to Lender to satisfy the claim, then <br />this default provision will npt apply. <br />Breach ot pther Agraement. Any breach by 7rustor under the terms of any other agreement between Trustor and Lender tha# is not <br />remedied within eny grace period provided therein, including without limitation any agreement concerning any indebtedness or nther <br />obligation of Trustor to Lender, whether existing now nr later. <br />Events Affacting Guarantar. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation <br />party of any of the Indabtedness ar any guarantor, endorser, surety, or accommodation party dies or becomes incnmpetent, or <br />revokes or disputes the validity ot, or liability undar, any Guaranty of the Indebtedness. <br />Insecuri#y. Lender in gaad faith believes itself insecure. <br />Right to Cure. If any default, other than a default in payment is curable and if Trustor has not been given a notice of a breach of the <br />same provision of this Deed 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: (11 cures the default within ten (10) days; or (2) if the cure requires more than <br />ten (10) days, immediately initiates steps which Lender deems in Lender's sple discretion to be sufficient to cure the default and <br />thereafter continues and completes all reasonable and necessary steps sutficient ta produce cvmpliance as soon as reasonably <br />practical. <br />RIGHTS AND FiEMEDIES �N DEFAUL7. If an Event of Default occurs under this Deed of Trust, at any time thereafter, Trustee or Lender <br />may 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, <br />Lender may declare all Indebtedness secured by this Deed of Trust #o be due and payable and the same shall thereupon become <br />due and payable without any presentment, demand, protest or notice of any kind. l"hereafter, Lender may: <br />(a) �ither in person or by agent, with or without bringing any aation 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 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 />marketa6ility or rantability of the Property, or part of the Property or interest in the Property; increase the income from the <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 #ha Property, including those past due and unpaid, and apply the same, less costs and <br />expenses of operation and collection attorneys' fees, to any indebtedness secured by this Deed of Trust, all in such order as <br />Lendar may determine. The entering upon and taking pnssession af tha Property, the collection of such rents, issues and <br />profits, and the application thereof shall not cure or waive any default ar notice of default under this Deed of Trust or <br />invalidete any act done in response to such default or pursuant to such notice bf default; and, notwithstanding the <br />continuance in possession of the Property ar 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 or the Related Documents or by law upon the <br />occurrence of any event of default, including the right to exercise the powar of sale; <br />(b) Commence an action to foreclose this Deed of 7rust as a mortgage, appoint a receiver or specifically enforce any of tha <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 Trustor's interest in the Property to 6e spld, 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 />(d) With respect to all or any part of the Personal property, Lender shall have all the rights and ramadias of a secured party <br />under the Nebraska Uniform Commercial Code. <br />Foreclosure by Power of Sale. If Lender elects to foreclose by exercise of the Power of 5ale herein contained, Lender shall notify <br />7rustee and shall deposit with Trustee this Deed of Trust and tha Note and such receipts and evidence of expenditures made and <br />secured by this Deed 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 Trustor such <br />Notice of befault and Notice of Sale as then required 6y law and by this Deed of Trust. 7rustee shall, without demand on <br />Trustor, after such time as may then be required by law and after recvrdation of such Notice of Default and after Notice of <br />Sale having 6een given as required by law, sell the Property at the time and place of sale fixed by it in such Notice of Sale, <br />either as a whole, or in separate lo#s or parcels or items as Trustee shall deem expedient, and in such order as it may <br />