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0 <br />�`� ; ; <br />` DEED OF TRUST � 0110 4141 <br />Loan No: 127201 (Continued) P�ge 4 <br />provided in this Deed of Trust or in any agreement related to this Deed of Trust. <br />Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained in this Deed af Trust, the IVote <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 other payment nacessary ta prevent filing of or to effect discherge of any lien. <br />Felse Statements. Any representation or statement mada or furnished to Lender by Trustor or on Trustor'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 DoCufnents ceases to be in full force and effect (including failure <br />of any collateral document to create a valid and perfected security interest or lienl at any time and for eny reason. <br />Death or Insolvency. The death of Trustor, the insolvency of Trustor, the appointment of e receiver for any part of Trustor's property, <br />any assignment for the benefit of creditors, any type of creditor workout, or the commencement 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 eny other of Trustor's property in <br />which Lender has a lien. This includes taking of, garnishing of or levying on Trustor's eccounts with Lender. However, if Trustor <br />disputes in good faith whether the claim on which the taking of the Property is based is valid ar reasonabla, 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 Other Agreement. Any breach by Trustor under the terms of eny other agreement between Trustor and Lender that is not <br />remedied within any grace period provided therein, including without limitation any agreement concerning any indebtedness or othar <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 eccommodation 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 good taith believes itself insecure. <br />Right to Cure. If any default, other than a default in peyment is curable and if Trustar 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 defeult: (1) cures the defeult within fifteen S15) deys; ar {2� if the cure requires more than <br />fifteen (15) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and <br />thereafter continues and completes all reasonable and necessery steps sufficient to produce compliance as soon as reasonably <br />practical. <br />RIGHTS AND REMEDIES ON DEFAULT. If an Eveht of Default occurs under this Deed of Trust, at any time thareafter, Trustes or Lender <br />may exercise any one or more of the following rights and remedies: <br />Acceleretion Upon Default; Additional Remedies. If any Event of Default 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 thereupan become <br />due and payable without any presentment, demand, protest or notice 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 nama of Trustea, and do any acts which it deems necessary or desirable to preserve the value, <br />marketability or rentability 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 teking possession of the Property, aue for or otherwise <br />collect the rents, issues and profits of the Prop�rty, 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 />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 shall not cure or waive any default or natice 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 Ralatad 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 />covanants hereof; and <br />(c) Deliver to Trustee a written deolaration of defeu{t and demand for sale and a written notice of default and election to <br />cause Trustor's interest in the Property to be sold, which notice Trustee shall ceuse 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 Peraonal Property, Lender shall have all the rights and remedies of e secured party <br />undar the IVabraska Uniform Commercial Code. <br />Foreclosure by Power of Sale. lf Lander elacts to foreclose by axercise ot the Power of Sa{e 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 expenditures made and <br />secured by this Deed of Trust as Trustee may require. <br />(a) Upon receipt of such notice from Lender, 7rustee shall Cause to be recorded, published and delivered to Trustor such <br />Notice of Default end Notice of Sale as then required by law and by this Deed of 7rust. Trustee shall, without demand on <br />Trustor, after such time as may then be required by law and after recordation of such Notice of Defeult and after Notice of <br />Sale having been given as required by law, sell the Property at tNe 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 es Trustee sNall deetn expedient, and in such order as it msy <br />determine, at public auction to the highest bidder for cash in lewful money of the United States payable at the time of sale. <br />Trustee shall deliver to such purchaser or purchasers titereof its good and sufficient deed or deeds conveying the property so <br />sold, but without any covenant or warranty, 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 />purchese at such sale. <br />(b) As may be permitted by law, efter 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 of sale tb payment of (i) all sums expended under <br />the terms of this Deed of Trust or under the terms of the Note not tfien repaid, including but not limited to accrued interest <br />and late chargas, (ii) all othar sums than secured hereby, snd (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 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 tnis Deed of Trust and to exercise all rights and powers under this Deed of Trust, under the <br />Note, under any of the Related Documents, or under any other agreement or any laws now or hereafter in foroe; notwithstanding, <br />same or all of such indebtedness and obligations secured by this Deed of Trust may now or hereafter be otherwise secured, whether <br />by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptence of this Deed of Trust nor its enforcement, <br />whether by court action or pursuant to the power of sale or other powers contained in this beed of Trust, shall preJudice or in eny <br />manner effect 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 mey in their absolute discration determine. No <br />remedy conferred upon or reserved to Trustee or Lender, is intended to be exclusive of any other remedy in this Deed of Trust or by <br />