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DEED OF TRUST 2 010 0 9 81 G
<br />Loan No: 92361d � � (Continued) Page 4
<br />Other Defaults. Trustor fails to comply with or to perform any other term, obligation, covenant or condition contained in this Deed of
<br />Trust or in any of [he Related Documents or to comply with or to perform any term, obligation, covenant or condition contained in any
<br />other agreement between Lender and Trustor.
<br />Compliance Default. Failure to comply with eny other term, obligetion, covenant or condition contained in this �eed of Trust, the Note
<br />or in any of the Related Documents.
<br />Default on Other Rayments. Failure of Trustor within the time required by this Deed of 7rust to make any payment for taxes or
<br />insurance, or eny other payment necessary to prevent filing of or to effect discharge of any lien.
<br />False Statements. Any warranty, representation or statement made or fumished to Lender by 7rustnr or on Trustor's behalf under this
<br />Deed of Trust or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished or
<br />becomas false or misleading at any time thereafter.
<br />befective Coliateralization. This Deed of Trust or any of the Related �ocuments ceases to be in full force and effect (including failure
<br />of any collateral document to create a valid and perfected security interest or lien) at eny time and for any reason.
<br />peath or Insolvency. The death of Trustor, the insolvency of ?rustor, the appointment of a receiver for any part of Trustor's proparty,
<br />any assignment for the benefit of creditors, eny type of creditor workout, or the commencement of any proceeding under any
<br />bankruptcy or insalvency laws by or against Trustor.
<br />Creditor or Forfeiture Rroceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help,
<br />repossession or eny other method, by any creditor of Trustor or by any governmental agency against any property securing the
<br />Indebtedness. This includes a garnishment of any of Trustor's accounts, including deposit accounts, with Lender. However, this
<br />Event of Default shall not apply if there is a good faith dispute by Trustor as to the validity or reasonableness of the claim which is the
<br />basis of the creditor or forfeiture proceeding and if Trustor gives Lender written nvtice of the creditor or fnrfeiture proceeding and
<br />deposits with Lendar monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lander, in its sole
<br />discretion, as being an adequate reserve or bond for the dispute.
<br />Breach of Other Agreement. Any breach by Trustor under the terms of any other agreement be#ween Trustor and Lender that is not
<br />remedied within any grace period provided therein, including without limitation any agreement concerning any indebtedness or other
<br />obligation of 7rustor 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 6ecomes incompatent, or
<br />revokes vr disputes the validity of, or liability under, any Guaranty of the Indebtedness.
<br />Adverse Change. A material adverse change occurs in Trustor's financial condition, or Lender beliaves the prospect of payment or
<br />performence of the Indebtedness is impaired.
<br />Insecurity. Lender in good faith believes itself insecure.
<br />RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this ❑eed of Trust, at any time thereafter, Trustee vr Lender
<br />may exercise any one or more af the following rights and remedies:
<br />Acceleratinn Upon Default: Additional Remedies. If any Event of �efault occurs as per the terms of the Note secured hereby,
<br />Lander may declare all Indebtedness secured by this Deed of Trust to be due and payable and the same shall thereupnn become
<br />due and payable without any presentment, demand, protest or nntice of any kind. Thereafter, Lender may:
<br />(a) Either in person or by agent, with or without bringing any action 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 />marketability or renta6ility of the Property, or part of #he Property or interest in the Proper#y; increase the income from the
<br />Property or protect the security of the Proper#y; end, with or without taking possession nf the Property, sue for or 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 operation and collection permissible fees, to any indebtedness secured by this Deed of Trust, all in such nrder
<br />as Lender may determine. 7he entering upon and taking possession of the Property, the collection of such rents, issues and
<br />profits, and the application thareof shall not cure ar waive any default or notice of default under this Deed of Trust or
<br />invalidate any act done in response to such default or pursuant to such notice of default; and, notwithstanding the
<br />continuance in possession of the Property or the collection, receipt and application of rents, issues or prpfits, Trustee or
<br />Lendar shall be entitled to exercise every right provided for in the Note or the Raleted Documents or by law upon the
<br />occurrence of any event of default, including the right to exercise the power of sale;
<br />(b) 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) beliver to Trustee a written declaration of default and demand for sale and a written notice of dafeult and election to
<br />cause Trus#or's interest in the Property to be sold, which notice Trustee shall cause ta 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 ell or any part vf the Personal Property, Lender shall have all the rights and remedies of a secured party
<br />under the Ne6raska Uniform Commercial Code.
<br />Foreclosure by Power of Sale. If Lender elects to foreclose by exercise of the Power of Sale herein contained, Lsnder shall notify
<br />Trustee and shall deposit with Trustee this Deed of Trust and the 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 Default and 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 6y law and after recordation of such Notice of Default and after Notice of
<br />Sale having been 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 lots or parcels or items as Trustee shall deem expedient, and in such order as it may
<br />determine, at public auctinn to the highest bidder for cash in lawful money of the United States payable at the tima of sele.
<br />Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient deed or deeds conveying the property so
<br />sold, but without any covenant or warranty, axpress or implied. The recitals in such deed of any matters or facts shall ba
<br />conclusive proof of the truthfulness thereof. Any persan, including without limitation Trustar, Trustee, or l.ender, may
<br />purchase at such sale.
<br />(b) As may be permitted 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, Trustee shall apply the proceeds ot sale to payment of (i) all sums expended under
<br />the terms of this Deed of Trust or under the terms of the Note not then repaid, including �ut not limited to accrued interest
<br />and late charges, (ii) all other sums then secured hereby, and (iii) the remainder, if any, to the person or persons legally
<br />entitled thereto.
<br />(c) Trustae may in the manner provided by law postpone sale of all or any portion of the Property.
<br />Remedies Not Exclusive. Trustee and Lender, and each of them, shall be entitled to enforce payment and performance of any
<br />indebtedness or obligations secured by this Deed of Trust and to exercise all rights and powers under [his beed nf Trust, undar the
<br />Notg, under any of the Related Documents, or under any other agreement or any laws now or hereafter in force; notwithstanding,
<br />snme or all of such indebtedness and obligations secur�d by this Qeed of Trust may now or hereafter be otherwise secured, whether
<br />by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this peed of Trust nor its enforcement,
<br />wheiher by court action or pursuant to the power of sale or other powers contained in this beed 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 hereafter held by Trustee or Lender, it
<br />being agreed that Trustee and Lender, and each of them, shall be entitled to enforce this Deed of Trust and any other security now or
<br />hereafter held by Lender or Trustee in such order and manner as they or either of them may in their absolute discretion determine. No
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