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10- 27_2000 0014? DEED OF TRUSTS Page 4 <br />Loan No 25983 (Continued) L' <br />time. <br />Security Interest. Upon request by Lender, Trustor shall execute financing statements and take whatever other action Is requested by Lender <br />to perfect and continue Lender's security interest in the "Rents and Personal Property. In addition to recording this Deed of Trust in the real <br />properly records, Lender may, at any time and without further authorization from'Trustor; file executed counterparts, copies or reproductions of <br />this Deed of Trust as a' financing statement. ' Trustor shall, reimburse Lender for all expenses' nourred in' perfecting or continuing this security <br />'friteresf: Upon default, Trustor shall assemble`the Personal Propertyrin a manner and at it place reasonably oonvenient to Trustor and Lender <br />and make) available to Lendar'within Three (S) days'aftsrreceipt of written demand from Lender. <br />Addresses. The maifing addresses of. Trustor (debtorj- and Lender (secured party), from Which information concerning the security interest <br />granted by this Deed of Trust may be obtained (each as required by the Uniform Commercial Code), are as stated on the first page of this Deed <br />of Trust. <br />FURTHER ASSURANCES; ATTORNEY -IN -FACT. The following provisions relating to further assurances and attorney -in -fact are a part of this <br />Deed of Trust. <br />Further Assurances. At any time, and from time to time, upon request of Lender, Trustor will make, execute and deliver, or will cause to be <br />made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded, refiled, or <br />rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate, any and all such mortgages, <br />deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of further assurance, certificates, <br />and other documents as may, In the. sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect, continue, or <br />preserve (a) the obligations of Trustor under the Note, this Deed of Trust, and the Related Documents, and (b) the liens and security interests <br />created by this Deed of Trust as first and prior liens on the Property, whether now owned or hereafter acquiFed" by Trustor. Unless prohibited by <br />law or agreed to conttgiy � tl 3il$[lf'relibtlursi3 Lender fps an buts anc exiSeriSe ncUrrAd frr "aon rec on"vvtth the <br />matters referred to in this part pin ,' <br />AttaMey -in -Fact. If Trustor falls to do any of the things referred to in the preceding paragraph, Lender may do so for and in the name of <br />Trustor and at Trustor's expense. For such purposes, Trustor hereby irrevocably appoints Lender as Trustoes attorney -in -fact for the purpose <br />of making, executing, delivering, filing, recording, and doing all other things as may be necessary or desirable, in Lender's sole opinion, to <br />accomplish the matters referred to in the preceding paragraph. <br />FULL PERFORMANCE. If Trustor pays all the Indebtedness when due, and otherwise performs all the obligations imposed upon Trustor under this <br />Deed of Trust, Lender shall execute and deliver to Trustee a request for full reconveyance and shall execute and deliver to Trustor suitable <br />statements of termination of any financing statement on file evidencing Lender's security interest In the Rents and the Personal Property. Any <br />reconveyance fee required by law shall be paid by Trustor, if permitted by applicable law. <br />DEFAULT. Each of the following, at the, option of Lender, shall constitute an event of default ("Event of Default") under this Deed of Trust: <br />Default on Indebtedness. Faflure of Trustor to make any payment when due on the indebtedness. <br />Default on Other Payments. - Failure of Trustor within -the time required by this Deed of Trust to make any payment for taxes or insurance, or <br />any other payment necessary to prevent filing. of or effect discharge of any lien. <br />Compliance Default. Failure of Trustor to comply with any other term, obligation, covenant or condition contained in this Deed of Trust, the <br />Note or'in any of the Related Documents. <br />False Statements. Any warranty, representation or statement made or furnished to Lender by or on behalf of Trustor under this Deed of Trust, <br />the Note or the Related Documents Is false or misleading in any material respect, either now or at the time made or furnished. <br />Detective Collateralization. This Deed of Trust or any of the Related Documents ceases to be in full force and effect (including failure of any <br />collateral documents to create a valid and perfected security Interest or lien) at any time and for any reason. <br />Death or Insolvency. The death of Trustor or the dissolution or termination of Trustoes existence as a going business, the insolvency of <br />Trustor, the appointment of a receiver for any part of Trustoes property, any assignment for the benefit of creditors, any type of creditor workout, <br />or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Trustor. <br />a1e€►ru�koffo4eccioswwsu torfefture erbYNd��rr��e = ," _ <br />or any other method; by any creditor of Trustor or by any ggvernmenfal agency against any of the Property. However, this subsection shall not <br />apply in the event of a good faith dispute by Trustor as to the validity or reasonableness of the claim which is the basis of the foreclosure or <br />forefeiture proceeding, provided that Trustor gives Lender written notice of such claim and furnishes reserves or a surety bond for the claim <br />satisfactory to Lender. <br />Breach of Other Agreement. Any breach by Trustor under the terms of any other agreement between Trustor and Lender that is not remedied <br />within any grace period provided therein, Including without limitation any agreement concerning any indebtedness or other obligation of Trustor <br />to Lender, whether existing now or later. <br />Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedness or any Guarantor <br />dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. Lender, at its option, <br />may, but shall not be required to, permit the Guarantor's estate to assume unconditionally the obligations arising under the guaranty in a <br />manner satisfactory to Lender,, and, in doing so, cure the Event of Default. <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 />Insecurity. Lender in good faith deems itself Insecure. <br />Right to Cure. If such a failure Is curable and if Trustor has not been given a notice of a breach of the same provision of this Deed of Trust <br />within the preceding twelve (12) months, It may be cured (and no Event of Default will have occurred) if Trustor, after Lender sends written <br />notice demanding cure of such failure: (a) cures the failure within twenty (20) days; or (b) if the cure requires more than twenty (20) days, <br />Immediately initiates steps sufficient to cure the failure and thereafter continues and completes all reasonable and necessary steps sufficient to <br />produce compliance as soon as reasonably practical. <br />RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Event of Default and at any time thereafter, Trustee or Lender, at its option, <br />may exercise any one or more of the following rights and remedies, in addition to any other rights or remedies provided by law: <br />Acceleration upon Default; Additional Remedies. If any event of default occurs as per the terms of the Note secured hereby, Lender may <br />declare all Indebtedness secured by this Deed of Trust to be due and payable and the same shall thereupon become due and payable without <br />any presentment, demand, protest er•.aolice of-Qny Lander- azalc:.r_ <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 without <br />regard to the adequacy of its security, enter upon and take possession of the Property, or any part thereof, in its own name or in the name <br />of Trustee, and do any acts which It deems necessary or desirable to preserve the value, marketability or rentability of the Property, or part <br />of the Property or Interest In the Property; Increase the income from the Property or protect the security of the Property; and, with or without <br />taking possession of the Property, sue for or otherwise collect the rents, issues and profits of the Property, including those past due and <br />unpaid, and apply the same, less costs and expenses of operation and collection, to any indebtedness secured by this Deed of Trust, all in <br />such order as 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 notice of default under this Deed of Trust or Invalidate any act <br />done in response to such default or pursuant to such notice of default; and, notwithstanding the continuance in possession of the Property <br />or the collection, receipt and application of rents, issues or profits, Trustee or Lender shall be entitled to exercise every right provided for in <br />the Note or the Related Documents or by law upon the 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 covenants <br />s:. 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 cause Trustor's <br />interest in the Property to be sold, which notice Trustee shall cause to be duly filed for record In the appropriate offices of the County in <br />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 remedies of a secured party Under the <br />Nebraska Uniform Commercial Code. <br />F0n1Q,j Mre by Pourer of Salo. If Lender elects to foreclose by exercise of the Power of Sale heroin contained, Lender shelf notify Trustee and <br />shall depo* with Trustee this Deed of Trust and the Note and ;such. receipts and evidence of axpeadttures made and secured by this Deed of <br />