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200005275 <br />revokes or disputes the validity of, or liability under, any Guaranty of the indebtedness. <br />In the event of a death, Lender, at its option, may, but shall not be required to, permit <br />the guarantor's estate to assume unconditionally the obligations arising under the <br />guaranty in a manner satisfactory to Lender and in doing so, cure any Event of Default. <br />Adverse Change. A material adverse change occurs in Trustor's financial condition, or <br />Lender believes the prospect of payment or performance of the indebtedness is <br />impaired. <br />Insecurity. Lender in good faith believes itself insecure. <br />Right to Cure. If such a failure is curable and if Trustor has not been given a notice of <br />a breach of the same provision of this Deed of Trust within the preceding twelve (12) <br />months, it may be cured (and no Event of Default will have occurred) if Trustor, after <br />Lender sends written notice demanding cure of such failure: (a) cures the failure within <br />fifteen (15) days; or (b) if the cure requires more than fifteen (15) days, immediately <br />initiates steps sufficient to cure the failure and thereafter continues and completes all <br />reasonable and necessary steps sufficient to produce compliance as soon as reasonably <br />practical. <br />RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust, at any <br />time thereafter, Trustee or Lender may 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 <br />the terms of the Note secured hereby, Lender may declare all indebtedness secured by <br />this Deed of Trust to be due and payable and the same shall thereupon become due <br />and payable without any present, demand, protest or notice of any kind. Thereafter, <br />Lender may: <br />(a) Either in person or by agent, with or without bringing any action or <br />proceeding, or by a receiver appointed by a court and without regard to the <br />adequacy of its security, enter upon and take possession of the Property, or <br />any part thereof, in its own name or in the name of Trustee, and do any acts <br />which it deems necessary or desirable to preserve the value, marketability or <br />rentability of the Property, or part of the Property or interest in the Property; <br />increase the income from the Property or protect the security of the Property; <br />and with or without taking possession of the Property, sue for or otherwise <br />collect the rents, issues, and profits of the Property, including those past due <br />and unpaid, and apply the same, less costs and expenses of operation and <br />collection attorneys' fees, to any indebtedness secured by this Deed of Trust, <br />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 <br />the application thereof shall not cure or waive any default or notice of default <br />under this Deed of Trust or invalidate any act done in response to such default <br />or pursuant to such notice of default; and, notwithstanding the continuance in <br />possession of the Property or the collection, receipt and application of rents, <br />issues or profits, Trustee or Lender shall be entitled to exercise every right <br />provided for in the Note or the Related Documents or by law upon the <br />occurrence of any event of default, including the right to exercise the power <br />of sale; <br />(b) Commence an action to foreclose this Deed of Trust as a mortgage, <br />appoint a receiver or specifically enforce any of the covenants hereto; and <br />(c) Deliver to Trustee a written declaration of default and demand for sale <br />and a written notice of default and election to cause Trustor's interest in the <br />Property to be sold, which notice Trustee shall cause to be duly filed for record <br />in the appropriate offices of the County in which the Property is located; and <br />(d) With respect to all or any part of the Personal Property, lender shall <br />have all the rights and remedies of a secured party under the Nebraska Uniform <br />Commercial Code. <br />