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DEED OF TRUST 200007914 (Continued) Page a Attorney4n -Fact. If Trustor fails to do any of the things referred to in the preceding paragraph, Lender may do so for and in the name of Trustor and at Trustor's expense. For such purposes, Trustor hereby irrevocably appoints Lender as Trustor's a tomey -in -fact for the purpose of making, executing, delivering, thing, recording, and doing all other things as may be necessary or desirable, in Lenders sob opinion, to accomplish the matters referred to in the preceding paragraph. FILL PERFORMANCE. If Borrower pays all the Indebtedness when due, and otherwise performs all the obligations imposed upon Trustor under this Deed of Trust, Lender shah execute and deliver to Trustee a request for full reconvayance and shah execute and deliver to Trustor suitable statements of termination of any financing statement on file evidencing Lenders security Interest in the Rents and the Personal Property. Any reconveyance fee required by law shah be paid by Trustor, If permitted by applicable law. EVENTS OF DEFAULT. Each of the fallowing, at Lender's option, shah constitute an Event of Default under this Deed of Trust: Payment Default. Borrower falls to make any payment when due under the Indebtedness. Other Defaults. Borrower or Trustor falls to comply with or to perform any other term, obligation, covenant or condition contained in this Deed of Trust or in any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Borrower or Trustor. Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained in this Deed of Trust, the Note or in arty of the Related Documents. If such a failure Is curable and lt Borrower or Trustor has not been given a notice of a breach of the same provision of this Deed of Trust within the preceding twelve (12) months, it may be cured (and no Event of Default will have occurred) h Borrower or Trustor, after Lender sends written notice demanding cure of such %it ": (a) cures the failure within filleon (15) days; or (b) h the cure requires more than fifteen (15) days, immediately initiates steps sufRdent to cure the failure and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. 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 any other payment necessary to prevent filing of or to effect discharge of any hen. Default In Favor of Third Parties. Should Borrower or any Trustor default under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Trusters property or Borrower's or any Tru sWs ability to repay the Indebtedness or perform their respective obligations under this Deed of Trust or any of the Related Documents. Few Statements. Any warranty, representation or statement made or furnished! to Lender by Borrower or Trustor or on Borrowers or Trustor's behalf under this Deed of Trust, the Note, or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. Detective CoNsteraliaallon. This Deed of Trust or any of the Related Documents ceases to be in full force and effect (including failure of any collateral document to create a valid and perfected security Interest or Non) at any time and for any reason. Death or Insolvency. The death of Borrower or Trustor, the insolvency of Borrower or Trustor, the appointment of a receiver for any part of Borrowers or Trustor's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower or Trustor. Creditor or Forfeiture Prareedinps. Commencement of foreclosure or forfeiture proceedings, whether by Judicial proceeding, self -help, repossession or any other method, by any creditor of Borrower or Trustor or by any governmental agency against any property securing the Indebtedness. This Includes a garnishment of any of Borrowers or Trustoes accounts, including deposit accounts, with Lender. However, this Event of Default shah not apply If there Is a good faith dispute by Borrower or Trustor as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and h Borrower or Trustor gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender moires or a surety bond for the creditor or fortehuro proceeding, in an amount dotermrred by Lender, In he solo discretion, as being an adequate resew or bond for the dispute. Breach of Ober Agreement. Any breach by Borrower or Trustor under the terms of any other agreement between Borrower or Trustor and Lender that Is not remedied within any grace period provided therein, inducing without limitation any agreement concerning any Indebtedness or other obligation of Borrower or Trustor to Lender, whether existing now or later. Everts Affecting Guarantor. Any of the preceding events occurs with rasped to any guarantor, endorser, surety, or accommodation party of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness . In the event of a death, Lender, at its option, may, but stall not be required to, permit the guarantor's estate to assume uncw+ditionally the obligations arising under the guaranty In a manner satisfactory to Lender, and, in doing so, cure any Event of Default. Adverse Change. A material adverse change occurs in Borrowers or Trustor's financial condition, or Lender believes the prospect of payment or performance of the Indebtedness is Impaired. Insecurity. Lender in good faith believes itself insecure. Right to Cure. If such a failure Is curable and if Borrower or Trustor has not been given a notice of a breach of the same provision of this Deed of Trust within the preceding twelve (12) months, it may be cured (and no Event of Default will have occurred) H Borrower or Trustor, after Lender 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 (15) days, immediately initiates steps sufficient to cure the failure and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust, at any time thereafter, Trustee or Lender may exerdso any one or more of the following rights and remedies: Acceleration Upon Default; Additional Remedies. H any Event of Default occurs as per the terms of the Note secured hereby, Lender may declare all Indebtedness secured by this Deed of Trust to be due and payable and the same shah thereupon become duo and payable within t any presentment, demand, protest or notice of any kind. Thereafter, Lender may. (a) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court and without regard to the adequacy of Its security, enter upon and take possession of the Property, or any part thereof, in Its own name or In the name of Trustee, and do any acts which it deems necessary or deskabte to preserve the value, marketability or rentability of the Property, or part of the Property or interest M the Property; increase the Income from the Property or protect the security of the Property; and, with or wfdout taking possession of the Property, sue for or otherwise collect the rents, Issues and prollte of the Property, including those past due and unpaid, and apply the same, less costs and expenses of operation and collection attorneys' foss, to any indebtedness secured by this Deed of Trust, all In such order as Lender may determine. The entering upon and taking possession of the Property, the collection of such rents, issues and profits, and the application theeof shall not cure or waive any default or notice of default under His Deed of Trust or invphdats any act done in response to such default or pursuant to such notice of default, and, notwithstanding the continuance in possession of the Property or the collection, receipt and application of rents, issues or profits, Trustee or Lender shall be entitled to exercise every right provided for in the Note or the Related Documents or by law upon the occurrence of any eveM of default, inducing the right to exercise the power of sate; (b) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver or specifically enforce any of the covenants hereof; and (c) Deliver to Trustee a written declaration of default and demand for sale and a written notice of default and election to cause 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 the County in which the Property Is located; and (d) With respect to all or any part of the Personal Property, Lender shah have all the rights and remedies of a secured party under the Nebraska Uniform Commercial Code. Foreclosure by Power of Sale. If Lender elects to foreclose by exercise of the Power of Sale herein contained, Lender shall no* Trustee and shall deposit with Trustee this Deed of Trust and the Note and such receipts and evidence of expenditures made and secured by this Deed of Trust as Trustee may require.