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241608840 <br />Lender's gross negligence or intentional torts. Otherwise, Grantor will indemnify Lender and <br />hold Lender harmless for all liability, loss or damage that Lender may incur when Lender opts to <br />exercise any of its remedies against any party obligated under the Leases. <br />17. DEFAULT. Grantor will be in default if any of the following events (known separately and <br />collectively as an Event of Default) occur: <br />A. Payments. Grantor or Borrower fail to make a payment in full when due. <br />B. Insolvency or Bankruptcy. The death, dissolution or insolvency of, appointment of a <br />receiver by or on behalf of, application of any debtor relief law, the assignment for the <br />benefit of creditors by or on behalf of, the voluntary or involuntary termination of existence <br />by, or the commencement of any proceeding under any present or future federal or state <br />insolvency, bankruptcy, reorganization, composition or debtor relief law by or against <br />Grantor, Borrower, or any co- signer, endorser, surety or guarantor of this Security <br />Instrument or any other obligations Borrower has with Lender. <br />C. Business Termination. Grantor merges, dissolves, reorganizes, ends its business or <br />existence, or a partner or majority owner dies or is declared legally incompetent. <br />D. Failure to Perform. Grantor fails to perform any condition or to keep any promise or <br />covenant of this Security Instrument. <br />E. Other Documents. A default occurs under the terms of any other document relating to <br />the Secured Debts. <br />F. Other Agreements. Grantor is in default on any other debt or agreement Grantor has with <br />Lender. <br />G. Misrepresentation. Grantor makes any verbal or written statement or provides any <br />financial information that is untrue, inaccurate, or conceals a material fact at the time it is <br />made or provided. <br />H. Judgment. Grantor fails to satisfy or appeal any judgment against Grantor. <br />I. Forfeiture. The Property is used in a manner or for a purpose that threatens confiscation <br />by a legal authority. <br />J. Name Change. Grantor changes Grantor's name or assumes an additional name without <br />notifying Lender before making such a change. <br />K. Property Transfer. Grantor transfers all or a substantial part of Grantor's money or <br />property. This condition of default, as it relates to the transfer of the Property, is subject to <br />the restrictions contained in the DUE ON SALE section. <br />L. Property Value. Lender determines in good faith that the value of the Property has <br />declined or is impaired. <br />M. Material Change. Without first notifying Lender, there is a material change in Grantor's <br />business, including ownership, management, and financial conditions. <br />N. Other Events. Anything else happens that causes Lender to reasonably believe that the <br />prospect of payment, performance or realization of the Property is significantly impaired. <br />18. REMEDIES. On or after the occurrence of an Event of Default, Lender may use any and all <br />remedies Lender has under state or federal law or in any document relating to the Secured <br />Debts, including, without limitation, the power to sell the Property. Any amounts advanced on <br />Grantor's behalf will be immediately due and may be added to the balance owing under the <br />Secured Debts. Lender may make a claim for any and all insurance benefits or refunds that <br />may be available on Grantor's default. <br />Subject to any right to cure, required time schedules or any other notice rights Grantor may <br />have under federal and state law, Lender may make all or any part of the amount owing by the <br />terms of the Secured Debts immediately due and foreclose this Security Instrument in a manner <br />provided by law upon the occurrence of an Event of Default or anytime thereafter. <br />If there is an occurrence of an Event of Default, Trustee will, in addition to any other permitted <br />remedy, at the request of Lender, advertise and sell the Property as a whole or in separate <br />parcels at public auction to the highest bidder for cash. Trustee will give notice of sale <br />including the time, terms and place of sale and a description of the Property to be sold as <br />required by the applicable law in effect at the time of the proposed sale. <br />To the extent not prohibited by law, Trustee will apply the proceeds of the Property's sale in <br />the following order: to all fees, charges, costs and expenses of exercising the power of sale and <br />the sale; to Lender for all advances made for repairs, taxes, insurance, liens, assessments and <br />prior encumbrances and interest thereon; to the Secured Debts' principal and interest; and <br />paying any surplus as required by law. Lender or its designee may purchase the Property. <br />Upon any sale of the Property, Trustee will make and deliver a trustee's deed that conveys all <br />right, title and interest to the Property that was sold to the purchaser(s). The recitals in any <br />deed of conveyance will be prima facie evidence of the facts set forth therein. <br />LORNA D WAGONER <br />Nebraska Deed Of Trust <br />NE/ 4CHAPPOLD0000000000 1 1 80057 1 229 1 6N Wolters Kluwer Financial Services ©1996, 2016 Bankers Page 5 <br />SystemsTe <br />