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2023011 39 <br />applicable law, Grantor will promptly notify Lender. If Grantor neglects or refuses to enforce <br />compliance with the terms of the Leases, then Lender may, at Lender's option, enforce <br />compliance. Grantor will not sublet, modify, extend, cancel, or otherwise alter the Leases, or <br />accept the surrender of the Property covered by the Leases (unless the Leases so require) <br />without Lender's consent. Grantor will not assign, compromise, subordinate or encumber the <br />Leases and Rents without Lender's prior written consent. Lender does not assume or become <br />liable for the Property's maintenance, depreciation, or other losses or damages when Lender <br />acts to manage, protect or preserve the Property, except for losses and damages due to <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 />14. 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 fails 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. Death or Incompetency. Grantor 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. Erosion. Any loan proceeds are used for a purpose that will contribute to excessive <br />erosion of highly erodible land or to the conversion of wetlands to produce or to make <br />possible the production of an agricultural commodity, as provided by 7 CFR Part 12. <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 />15. 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 />ALVIN D KOWALSKI III <br />Nebraska Deed Of Trust <br />NE/4bopela@F00000000002973024N <br />Wolters Kluwer Financial Services, Inc.°1996, 2023 Page 4 <br />Bankers Systems" <br />II11II I III II III 11 II III I II 1II 11111111 III IIII II I II 1 I1111II IIII II <br />0000000000602301831096 <br />