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200002453 DEED OF TRUST <br />(Continued) Page a <br />FILL PERFORMANCE. If Trustor pays all the Indebtedness when due, and otherwise performs all the obligations imposed upon Trustor under <br />this 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 />EVENTS OF DEFAULT. At Lender's option, Trustor will be in default under this Deed of Trust if any of the following happen: <br />Payment Default. Trustor fails to make any payment when due under the Indebtedness. <br />Break Other Promises. Trustor breaks any promise made to Lender or fails to perform promptly at the time and strictly in the manner <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 of Trust, the Note or in <br />any of the Related Documents. If such a failure is curable and if Trustor has not been given a notice of a breach of the same provision of this <br />Deed of Trust within the preceding twelve (12) months, it may be cured (and no Event of Default will have occurred) if Trustor, after Lender <br />sends written notice demanding cure of such failure: (a) cures the failure within fifteen (15) days; or (b) if the cure requires more than fifteen <br />(15) days, immediately initiates steps sufficient to cure the failure and thereafter continues and completes all reasonable and necessary steps <br />sufficient to produce compliance as soon as reasonably practical. <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 to gffsct discharge of any lien. <br />Default In Favor of Third Parties. Should Trustor default under any loan, extension of credit, security agreement, purchase or sales <br />agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Trustor's property or Trustor's <br />ability to repay the Indebtedness or perform their respective obligations under this Deed of Trust or any of the Related Documents. <br />False Statements. Any representation or statement made or furnished to Lender by Trustor or on Trustor's behalf 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 />Defective Collateraiization. This Deed of Trust or any of the Related Documents ceases to be in full force and effect (including failure of any <br />collateral document 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, the insolvency of Trustor, the appointment of a receiver for any part of Trustor's property, any <br />assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or <br />insolvency laws by or against Trustor. <br />Taking of the Property. Any creditor or governmental agency tries to take any of the Property or any other of Trustor's property in which <br />Lender has a lien. This includes taking of, garnishing of or levying on Trustor's accounts with Lender. However, if Trustor disputes In good <br />faith whether the claim on which the taking of the Property is based is valid or reasonable, and if Trustor gives Lender written notice of the <br />claim and furnishes Lender with monies or a surety bond satisfactory to Lender to satisfy the claim, then this default provision will not apply. <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, including without limitation any agreement concerning any indebtedness or other <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 party <br />of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes <br />the validity of, or liability under, any Guaranty of the Indebtedness . In the event of a death, Lender, at its option, may, but shall not be <br />required to, permit the guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to <br />Lender, and, in doing so, cure any Event of Default. <br />Insecurity. Lender in good faith believes itself insecure. <br />Right to Cure. it 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 fifteen (15) days; or (b) if the cure requires more than fifteen (15) days, <br />immediately initiates steps sufficient to cure the failure and thereafter continues and completes all reasonable and necessary steps sufficient <br />to produce compliance as soon as reasonably 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 may <br />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, Lender <br />may declare all Indebtedness secured by this Deed of Trust to be due and payable and the same shall thereupon become due and <br />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 own name <br />or in the name of Trustee, and do any acts which it deems necessary or desirable to preserve the value, marketability or rentability <br />of the Property, or part of the Property or interest in the Property; increase the income from the Property or protect the security of <br />the Property; and, with or without taking possession of the Property, sue for or otherwise collect the rents, issues and profits of the <br />Property, including those past due and unpaid, and apply the same, less costs and expenses of operation and collection attorneys' <br />fees, to any indebtedness secured by this Deed of Trust, all in such order as Lender may determine. The entering upon and taking <br />possession of the Property, the collection of such rents, issues and profits, and the application thereof shall not cure or waive any <br />default or notice of default under this Deed of Trust or invalidate any act done in response to such default or pursuant to such <br />notice of default; and, notwithstanding the continuance in possession of the Property or the collection, receipt and application of <br />rents, issues or profits, Trustee or Lender shall be entitled to exercise every right provided for in the Note or the Related <br />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 <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 cause <br />Trustor's interest in the Property to be sold, which notice Trustee shall cause to be duly filed for record in the appropriate offices of <br />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 remedies of a secured party under <br />the Nebraska Uniform Commercial Code. <br />Foreclosure by Power of Sale. If Lender elects to foreclose by exercise of the Power of Sale 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, Trustee shall cause to be recorded, published and delivered to Trustor such Notice <br />of Default and Notice of Sale as then required by law and by this Deed of Trust. Trustee shall, without demand on Trustor, after <br />such time as may then be required by law and after recordation of such Notice of Default and after Notice of Sale having been <br />given as required by law, sell the Property at the time and place of sale fixed by it in such Notice of Sale, either as a whole, or in <br />separate lots or parcels or items as Trustee shall deem expedient, and in such order as it may determine, at public auction to the <br />highest bidder for cash in lawful money of the United States payable at the time of sale. Trustee shall deliver to such purchaser or <br />purchasers thereof its good and sufficient deed or deeds conveying the property so sold, but without any covenant or warranty, <br />express or implied. The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any <br />person, Including without limitation Trustor, Trustee, or Lender, may 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 of sale to payment of (i) all sums expended under the <br />terms of this Deed of Trust or under the terms of the Note not then repaid, including but not limited to accrued interest and late <br />