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DEED OF TRUST <br />(Continued) Page 4 <br />purpose of making, executing, delivering, filing, recording, and doing all "other things as may be necessary or desirable, in Lenders sole <br />opinion, to accomplish the natters 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 <br />this Deed of Trust, Lender shall execute and deliver to Trustee a request for full rsconveyance and shelf execute and deliver to Trustor. suitable <br />statements of termination of any financing statement on Ale evidencing Lenders security Interest In the Rents and the Personal Properly. Any <br />reconveyance fee required by law shall be paid by Trustor, If permitted by applicable law. <br />EVENTS OF DEFAULT. At Lenders option, Trustor will be in default under this Deed of Trust N any of the following happen: <br />Payment Default. Trustor fails to make any payment when due under the Indebtedness. <br />Greek Otimer Prondsee. Trustor breaks any promise made to Lander 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 form, 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 N 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) N Trustor, after Lender <br />sends written notice demanding cure of such faltuus: (a) cures the failure within"iNteen (15) days; or (b) N the cure requires more than Veen <br />(15) days, immediately Initiates steps wffident to cure the failure and Vw*M r continues and complain ail reasonable and necessary steps <br />sufficient to produce compliance as soon as wasonabgr practical. <br />Defaut on Otinr Payments. Failure of Trustor within the lime 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 effect discharge of any Non. <br />Deft it In Favor of Third Parties. Should Trustor default under any ban, 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 Trustoes 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 Trustors behalf under this Dead 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 CoMwagasO n. This Deed of Trust or any of the Related Documents ceases to be in full force and elect (Including failure of any <br />collateral document to create a valid and perfected security interest or Non) at any time and for any reason. <br />Death or Insolvency. The death of Trustor, the Insolvency of Trustor, the appoIntment of a rscelver for any part of Trustoes property, any <br />assignment for the berwilt 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 governmentd agency hies to, take any of the Property or any other of Trustor's property in which <br />Lender has a Non. This includes taking d, garnishing of- or levying on Trustors accounts with Lender. However, N Trustor disputes in good <br />faith whether the claim on which the taking of the Property is based is valid or reasonable, and N 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, than this default provision will not apply. <br />Breach of 0111w Agreement. Any breach by Trustor under the tarns of any other agreement between Trustor and Lender that is not <br />rem ixil d 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, suety, or accommodation party <br />of any of the Indebtedness or any guarantor, endorser, surely, or accommodation party dies or becomes incompetent, or revokes or disputes <br />the vd" 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 guarantors 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 />Existing Indsbbdnese. The payment of any installment of principal or any interest on the Existing Indebtedness Is not made within the time <br />required by the promissory note evidencing such indebtedness, or a default occurs under the Isirument securing such indebtedness and is <br />not cured during any applicable grace period In such instrument, or any suit or other action is commenced to foreclose any existing Non on <br />the Property. <br />Right to Cure. If such a failure Is curable and lt 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, N may be erred (and no Event of Default will have occurred) N Trustor, after Lender sends written <br />notice demanding cure of such failure: (a) cures the failure within filteen (15) days; or (b) It the cure requires more than fifteen (15) days, <br />immediately i ftbs steps sufficent to cure the failure and thereafter continues and completes all reasonable and necessary steps sufficient <br />to produce coanplanos as soon as reasonably practical._ <br />RIGHTS AND REMEDIES ON DEFAULT. If'an Event sf Default' obours utder'Mds'°Deed of Trust, at any time thereafter, Trustee or Lender may <br />exerolw any or more opton following rights and'rsrrted * <br />Aocslwallorx Upon Dsfs lt; Additional Remedies. N 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 stall 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 thered, In its own name <br />or In the name of Trustee, and do any ads which N 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 proleat the security d <br />the Property; and, with or without taking possession d the Property, we for or otherwise collect the rents, issues and proft of the <br />Property, including those past der and unpdd, and apply the same, less costs and expenses of operation and collection attorneys' <br />fees, to arty 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 rants, issues and profits, and the application thereof shelf not cure or wahre any <br />default or notice of default under this Deed of Test or invalidate any ad done in response to such default or pursuant to such <br />notice of dolauN; and, navytthstandicg the c w*wanm Jn ponessign of the Property or the collection, receipt and application of <br />rents, issues or profits, Trustee or Lender sho be entitled to exgr7se every right provided for in the Note or the Related <br />Documents or by law upon the occurance of any event of default, WQkWirtg the dpht to earcies the power of sale; <br />(b) Commence an action to foreclose this Dead of Trust as a mortgage, appoint a receiver or spocft Ntr enforce any of the <br />covenants hared; 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 />Trustors Interest In the Property to be sod, which notice Trustee shall cause to be duty filed for record In the appropriate ofNces of <br />the County in which the Property Is located; and <br />(d) With rasped to all or any part of the Personal Properly, Lender shall have all the rights and remedies of a secured party under <br />the Nebraska lhdform Commercial Code. <br />Foreclosure by Power of Sale. If Lender sleds to foreclose by exercise of the Power of Sale herein conteled, Lender shah notify <br />Trustee and shall deposit with Trustee Male Dead of Trust and the Note and such rsoefpts and evidence of expenditures made and <br />secured by this Deed of Trust as Tnstes may require. <br />(a) Upon reoelpt of such nolios from Lender, Trustee she nco <br />shall cause to be rrded, published and delivered to Trustor such Notice <br />d Default and Notice d Sale as tiiert required by haw "and by Deed 'of Trust. Trustee shall, without demand on Tuaustor, aft <br />such Wne as may than be required by law and after rsoordationi 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 whols,'or In <br />separate bk or parcels or Name 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 shell deliver to such purchaser or <br />C <br />Q <br />C <br />