"': :� 201�:0403�
<br />��
<br />� ' bEED OF TRUST
<br />(Continued) Page 4
<br />, ;;
<br />Trust or in any of the Related Documents or to compiy with or to pertorm any term, obligation, cavenant or condition contained in any
<br />other agreement between Lender and Trustor.
<br />Compliance Default. Failure to comply with any rither term, obligation, covenant or condition contained in this Deed of Trust, the Note
<br />or in any of the Related Documents. �
<br />Default on Other Paymerrts. Failure of Trustor :within the time required by this Deed of Trust to make any payment for taxes or
<br />insurance, or any other payment necessary to pr�verit filing of or to effect discharge of any lien.
<br />Default in Favor of Third Parties. Should GrantoP d�fault under any loan, extension of credit, security agreement, purchase or sales
<br />agreement, or any other agreement, in favor of a'ny'other creditor or person that may materially affect any of Grantor's property or
<br />Grantor's ability to repay the Indebtedness or Gr�nt,a,['s ability to perform GrantoPs obligations under this Deed of Trust or any of the
<br />Related Documents. ` ;
<br />False Statements. Any warranty, representation br statement made or furnished to Lender by Trustor or on Trustor's behalf under this
<br />Deed of Trust or the Related Documents is false br �isleading in any material respect, either now or at the time made or fumished or
<br />becomes false or misleading at any time thereafter. �
<br />Defective Collateralization. This Deed of Trust o�? any of the Related Documents ceases to be in full force and effect (including failure
<br />of any collateral document to create a valid and p�rfected security interest or lien) at any time and for any reason.
<br />Death or Insolvency. The death of Trustor, the irvsolVency of Trustor, the appointment of a receiver for any part of Trustor's property,
<br />any assignment for the benefit of creditors, ar4y tiype of creditor workout, or the commencement of any proceeding under any
<br />bankruptcy or insolvency laws by or against Trus�or.
<br />Creditor or Forfeiture Proceedings. Commencem6nt' �f foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help,
<br />repossession or any other method, by any cre�tor 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 notice of the creditor or forfeiture proceeding and
<br />deposits with Lender monies or a surety bond for; the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole
<br />discretion, as being an adequate reserve or bond for'tihe dispute.
<br />Breach of Other Agreement. Any breach by Trustor �under the terms of any other agreement between Trustor and Lender that is not
<br />remedied within any grace period provided therein, ii�cluding without limitation any agreement concerning any indebtedrtess or other
<br />obligation of Trustor to Lender, whether existing npw 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 guarant4�, 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 />Adverse Change. A material adverse change occurs in Trustor's financial condition, or Lender believes the prospect of payment or
<br />performance of the Indebtedness is impaired.
<br />i':
<br />Insecurity. Lender in good faith believes itself insecure..
<br />Right to Cure. If any default, other than a default'irs 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 prec�ding twelve (12) months, it may be cured if Trustor, after Lender sends written
<br />notice to Trustor demanding cure of such default� 1`1) cures the default within twenty (20) days; or (2) if the cure requires more
<br />than twenty �20) days, immediately initiates step+s which Lender deems in Lender's sole discretlon to be sufficient to cure the default
<br />and thereafter coMinues and completes all reasonab1e and necessary steps sufficient to produce compliance as soon as reasonably
<br />practical.
<br />RIGHTS AND REMEDIES ON DEFAULT. 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 cemedies:
<br />Acceleration Upon Default; Additional Reme{lie�,s. 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 to be due and payable and the same shall thereupon become
<br />due and payable without any presentment, d�mand, protest or notice of any kind. Thereafter, Lender may:
<br />(a) Either in person or by agent, with or' w�thout 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 rentability of the Propeity, �or part of the Property or interest in the Property; increase the income from the
<br />Property or protect the security of the RPOp�rty; and, with or without taking possession of the Property, sue for or otherwise
<br />collect the rents, issues and profits of tFSe Rroperty, including those past due and unpaid, and apply the same, less costs and
<br />expenses of operation and collectian att;om�ys' fees, to any indebtedness secured by this Deed of Trust, all in such order as
<br />Lender may determine. The entering upon' and taking possession of the Property, the collection of such rents, issues and
<br />profits, and the application thereof sh�ll not cure or 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 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 pawer of sale;
<br />(b) Commence an action to foreclose tF�is ;�eed 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 declar�tion of default and demand for sale and a written natice of default and election to
<br />cause Trustor's interest in the Property tp be 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 />(d) �th respect to all or any part of th�i PQrsonal Property, Lender shall have all the rights and remedies of a secured party
<br />under the Nebraska Uniform Commercial Cade.
<br />Foreclosure by Power of Sale. If Lender elects �o foreclose by exercise of the Power of Sale herein contained, Lender shall notify
<br />Trustee and shall deposit with Trustee this D;eed; of Trust and the Note and such receipts and evidence of expenditures made and
<br />secured by this Deed of Trust as Trustee may r�guire.
<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:'th�n 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 af
<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 pr parcels or items as Trustee shall deem expedient, and in such order as it may
<br />determine, at public auction to the highest �idder for cash in lawful money of the United States payable at the time of sale.
<br />Trustee shall deliver to such purchaser qr purchasers thereof its good and sufficient deed or deeds conveying the property so
<br />sold, but without any covenant or warrantjo, express or implied. The recitals in such deed of any matters or facts shall be
<br />conclusive proof of the truthfulness thereof. Any person, including without limitation Trustor, Trustee, or Lender, may
<br />purchase at such sale.
<br />(b) As may be permitted by law, after dpducting all costs, fees and expenses of Trustee and of this Trust, including costs of
<br />evidence of title in connection with sale� Teustee shall apply the proceeds of sale to payment of (i) all sums expended under
<br />the terms of this Deed of Trust or undeP the terms of the Note not then repaid, including but not limited to accrued interest
<br />and late charges, (ii) aIl ather sums thon�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 iaw postpone sale of all or any portion of the Property.
<br />3
<br />y' � i
<br />t �.
<br />
|