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99- s��szs9 <br /> C. default or breach by the Trustor under the terms and conditions of the Ag Capital <br /> Company Loan Agreement dated February 1, 1999, executed by the Trustor and given to the <br /> Beneficiary; or <br /> d. default or breach of any covenant or agreement of the Trustor or any co-maker, <br /> endorser, guarantor or surety of the Notes in the Notes, this Deed of Trust, or any other <br /> agreement, instrument or writing,whether or not contemplated by or made or delivered pursuant <br /> to or in connection with the Notes or this Deed of Trust; or <br /> e. any statement made by the Trustor or any such co-maker, endorser, guarantor or <br /> surety to the Beneficiary at any time shall prove to have been incorrect or misleading in any <br /> material respect when made; or <br /> f. the Trustor or any such co-maker, endorser, guarantor or surety shall be or become <br /> insolvent, or initiate or have initiated against it any act, process or proceeding under any <br /> insolvency, bankruptcy or similar law; or <br /> 9-the Trustor or any such co-maker, endorser, guarantor or surety shall die, be dissolved <br /> or liquidated, merge, consolidate,transfer a substantial part of their property, or, if a partnership, <br /> suffer the death, dissolution or liquidation of any partner. <br /> 10. ACCELERATION UPON DEFAULT ADDITIONAL REMEDIES. Should an event of <br /> default occur, Beneficiary may declare all indebtedness secured hereby to be due and payable and the <br /> same shall thereupon become due and payable without any presenhnent, demand, protest or notice of <br /> any kind. Thereafter,Beneficiary may: <br /> a. Either in person or by agent, with or without bringing any action or proceeding, or by <br /> a receiver appointed by a court and without regard to the adequacy of its security, enter upon and <br /> take possession of the Trust Estate, or any part thereof, in its own name or in the name of <br /> Trustee, and do any acts which it deems necessary or desirable to preserve the value, <br /> marketability or rentability of the Trust Estate, or part thereof or interest therein, increase the <br /> income therefrom or protect the security hereof and, with or without taking possession of the <br /> Trust Estate, sue for or otherwise collect the rents, issues and profits thereof, including those <br /> past due and unpaid, and apply the same, less costs and expenses of operation and collection <br /> including attorneys' fees, upon any indebtedness secured hereby, all in such order as Beneficiary <br /> may determine. The entering upon and taking possession of the Trust Estate, the collection of <br /> such rents, issues and profits and the application thereof as aforesaid, shall not cure or waive any <br /> default or notice of default hereunder or invalidate any act done in response to such default or <br /> pursuant to such notice of default and, notwithstanding the continuance in possession of the <br /> Trust Estate or the collection, receipt and application of rents, issues or profits, Trustee or <br /> Beneficiary shall be entitled to exercise every right provided for in any of the Loan Instruments <br /> or by law upon occurrence of any event of default, including the right to exercise the power of <br /> sale; <br /> b. Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, <br /> or specifically enforce any of the covenants hereof; <br />