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200004526 <br />25. Events of Default. Each of the following occurrences shall constitute an event of default hereunder, (hereinafter an "Event of Default"): <br />(a) Any amount payable under the Obligations secured by this Deed of Trust is not paid when due, after giving effect to any applicable <br />grace period therein, <br />(b) Trustor is otherwise in default under the terms of the Obligations, <br />(c) Trustor fails to observe or perform any of the covenants, agreements, or conditions in this Deed of Trust, <br />(d) Any representation or warranty including, but not limited to, any warranty of title made by Trustor in this Deed of Trust is false or <br />materially misleading, or <br />(e) Trustor sells or conveys the Trust Property, or any part thereof, or any interest therein, or is divested of its title, or any interest <br />therein, in any manner or way, whether voluntarily or involuntarily, without the prior written consent of Beneficiary. <br />26. Acceleration of Debt, Foreclosure. Upon the occurrence of any Event of Default, or any time thereafter until such Event of Default is <br />cured to the satisfaction of Beneficiary, Beneficiary may, at its option, declare all Obligations secured hereby immediately due and payable <br />and the same shall bear interest at the default rate, if any, set forth in the Note or the default rate, if any, set forth in the most recent <br />obligation covered by the Guaranty, or otherwise at the highest rate permitted by law, and, irrespective of whether Beneficiary exercises <br />said option, it may, at its option and in its sole discretion, without any further notice or demand to or upon Trustor, do one or more of <br />the following: <br />(a) Beneficiary may enter upon, take possession of, manage and operate the Trust Property or any part thereof ,• make repairs and <br />alterations and do any acts which Beneficiary deems proper to protect the security thereof, and either with or without taking <br />possession, in its own name, sue for or otherwise collect and receive rents, issues and profits, including those past due and unpaid, and <br />apply the same, less costs and expenses of operation and collection, including reasonable attorneys' fees and Beneficiary's costs, upon <br />the Obligations secured hereby and in such order as Beneficiary may determine. Upon request of Beneficiary. Trustor shall assemble and <br />shall make available to Beneficiary any of the Trust Property which has been removed. The entering upon and taking possession of the <br />Trust Property, the collection of any rents, issues and profits, and the application thereof as aforesaid, shall not cure or waive any <br />default theretofore or thereafter occurring, or affect any notice of default or notice of sale hereunder or invalidate any act done pursuant <br />to any such notice. Notwithstanding Beneficiary's continuance in possession or receipt and application of rents, issues or profits, <br />Beneficiary shall be entitled to exercise every right provided for in this Deed of Trust or by law upon or after the occurrence of an Event <br />of Default, including the right to exercise the power of sale. Any of the actions referred to in this Section may be taken by Beneficiary at <br />such time as Beneficiary may determine without regard to the adequacy of any security for the Obligations secured hereby. <br />(b) Beneficiary shall, without regard to the adequacy of any security for the Obligations secured hereby, be entitled to the appointment <br />of a receiver by any court having jurisdiction, without notice, to take possession of, protect, and manage the Trust Property and operate <br />the same and collect the rents, issues and profits therefrom. <br />(c) Beneficiary may bring any action in any court of competent jurisdiction to foreclose this Deed of Trust or enforce any of the <br />covenants hereof. <br />(d) Beneficiary may elect to cause the Trust Property or any part thereof to be sold under the power of sale, and in such event, <br />Beneficiary or Trustee shall give such notice of default and notice of sale to each party to this Deed of Trust by mail at the address set <br />forth herein and any other notice which may be then required by law. Thereafter, upon the expiration of such time and the giving of <br />such notice of sale as may then be required bylaw, Trustee, at the time and place specified by the notice of sale, shall sell such Trust <br />Property, or any part thereof specified by Beneficiary at public auction to the highest bidder for cash in lawful money of the United <br />States of America. Upon receipt of payment of the bid price, Trustee shall apply the proceeds in the following order: (i) to the cost and <br />expenses of exercising the power of sale and of the sale, including but not limited to, trustee's fees of not more than $500.00 plus <br />one -half of one percent of the gross sale price, and reasonable attorneys' fees, (ii) to the Obligations, and (iii) the excess, if any, to the <br />person or persons legally entitled thereto. <br />All costs and expenses incurred by Beneficiary in enforcing any right under this Deed of Trust, including without limitation, abstract or title <br />fees, appraisal fees, premiums for title insurance, attorneys' fees and court costs, shall be and constitute Obligations secured hereby. <br />27. Duties of Trustee. Trustor agrees that: <br />(a) The duties and obligations of Trustee shall be determined solely by the express provisions of this Deed of Trust and Trustee shall not <br />be liable except for the performance of such duties and obligations as are specificafly set forth herein, and no implied covenants or <br />obligations shall be imposed upon Trustee, <br />(b) No provision of this Deed of Trust shall require Trustee to expend or risk its own funds, or otherwise incur any financial obligation in <br />the performance of any of its duties hereunder, or in the exercise of any of its rights or powers, <br />(c) Trustee may consult with counsel of its own choosing and the advice of such counsel shall be full and complete authorization and <br />protection in the respect of any action taken or suffered by it hereunder in good faith and reliance thereon, and <br />(d) Trustee shall not be liable for any action taken by it in good faith and reasonably believed by it to be authorized or within its <br />discretion or rights or powers conferred upon it by this Deed of Trust. <br />28. Security Agreement and Fixture Filing. From the date of its recording, this Deed of Trust shall constitute a security agreement and <br />fixture filing under the provisions of the Nebraska Uniform Commercial Code with respect to those fixtures described in the preambles hereof <br />as constituting a part of the Trust Property, together with all other property of Trustor, either similar or dissimilar to the same, now or <br />hereafter located at or on the Trust Property. For this purpose, the following information is .,Zpt fnrth- <br />(a) Name and Address of Debtor /Trustor: <br />Reed and Reed, Inc. <br />P.O. Box 1015 <br />Grand Island, NE 68802 <br />(b) Name and Address of Secured Party/Beneficiary: <br />Norwest Bank Nebraska, National <br />Association <br />202 West Third Street <br />Grand Island, NE 68801 <br />(c) Debtor's Social Security Number /Federal Taxpayer L D. Number 4 7 0 74 8 6 4 5 <br />(d) This document covers goods which are or are to become fixtures. <br />(e) The name of the record owner of the Trust Property is the Debtor /Trustor described above. <br />29. Future Advances. Beneficiary, at Beneficiary's option, prior to full reconveyance of the Trust Property by Trustee to Trustor, may make <br />future advances to Trustor. Such future advances, with interest thereon, shall be secured by this Deed of Trust. At no time shall the principal <br />amount of the Obligations secured by this Deed of Trust, not including sums advanced to protect the security, exceed the total sum of <br />$ .95,000- 00 <br />Nothing herein contained shaft imply any obligation on the part of the Beneficiary to make any such additional advances. <br />Advances of disbursements made by Beneficiary to protect the security, under the terms hereof, while discretionary, shall not be deemed to <br />be optional advances. <br />30. Reconveyance. Upon payment of all Obligations secured by this Deed of Trust, Beneficiary shall request Trustee to reconvey the Trust <br />Property and shall surrender this Deed of Trust and all notes evidencing Obligations secured by this Deed of Trust to Trustee. Trustee shall <br />reconvey the Trust Property without warranty and without charge to the person or persons legally entitled thereto. Such person or persons <br />shall pay all costs of recordation, if any. <br />31. Substitute Trustee. Beneficiary, at its option, may from time to time remove Trustee and appoint a Successor Trustee to any Trustee <br />appointed hereunder by an instrument recorded in the county in which this Deed of Trust is recorded. Without conveyance of the Trust <br />Property, the Successor Trustee shall succeed to all title, power and duties conferred upon Trustee herein and by applicable law. <br />32. Miscellaneous Rights of Beneficiary. Beneficiary may at any time and from time to time, without notice, consent to the making of any <br />plat of the Trust Property or the creation of any easement thereon or any covenants restricting use or occupancy thereof or agree to alter or <br />amend the terms of this Deed of Trust. Any personal property remaining upon the Trust Property after the Trust Property has been possessed <br />or occupied by Beneficiary, its agent or any purchaser following Trustee's sale or foreclosure, or under any deed in lieu of Trustee's sale or <br />foreclosure, shall be conclusively presumed to have been abandoned by Trustor. <br />33. Trustor hereby requests that a copy of any notice of default and notice of sale made or executed by Trustee pursuant to the provisions <br />hereof be sent to Trustor at its mailing address set forth above. <br />