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DEED OF TRUST 200300146 <br />Loan No: 1637511 (Continued) Page 4 <br />Default in Favor of Third Parties. Should Borrower or any Trustor, default under any loan, extension of credit, security agreement, purchase <br />or sales agreement, or any other agreement, in favor of any other creditor or person that may maternally affect any of Trustar's property or <br />Borrower's or any Trustor's ability to repay the Indebtedness or perform their respective obligations under this Dead of Trust or any of the <br />Related Documents. <br />False Statements. Any womanly, representation or statement made or furnished to Lender by Borrower or Truster or on Borrower's or <br />Trustor's behalf under this Deed of Trust or the Related Documents Is false or misleading In any material respect, either now or at the time <br />made or furnished or becomes false or misleading at any time thereafter. <br />DefectIverCollaleralization. This Deed of Trust or any of the Related Documents ceases to be in full force and affect (including failure of any <br />collateral document to create a valid and perfected security Interest or lien) at any fime and for any reason. <br />Insolvency. The dissolution or termination of Borrower's or Trustor's existence as a going business, the insolvency of Borrower or Truster, <br />the appointment of a receiver for any pad of Borrower's or Trustor's property, any assignment for the benefit of creditors, any type of creditor <br />workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower or Truster. <br />Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self -help, <br />repossession or any other method, by any creditor of Borrower or Truster or by any governmental agency against any properly securing the <br />Indebtedness. This includes a garnishment of any of Borrower's or Trustor's accounts, Including deposit accounts, with Lender. However, <br />this Event of Default shall not apply if there is a good faith dispute by Borrower or Truster as to the validity or reasonableness of the claim <br />which is the basis of the creditor or forfeiture proceeding and if Borrower or Truster gives Lender written notice of the creditor or forfeiture <br />proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, <br />in its sole discretion, as being an adequate reserve or bond for the dispute. <br />Breach of Other Agreement. Any breach by Borrower or Trustor under the terms of any other agreement between Borrower or Truster and <br />Lender that is not remedied within any grace pound provided therein, including without limitation any agreement concerning any <br />indebtedness or other obligation of Borrower or Truster to Lender, whether existing now or later. <br />Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party <br />of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes <br />the validity 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 guarantor's estate to assume unconditionally the obligations arising under the guaranty In a manner satisfactory to <br />Lentler, and, in doing so, cure any Event of Default. <br />Adverse Change. A material adverse change occurs in Borrower's or Trustor's financial condition, or Lender believes the prospect of <br />payment or performance of the Indebtedness is impaired. <br />Insecurity. Lender in good faith believes itself Insecure. <br />Right to Cure. If such a failure is curable and if Borrower or Truster has not been given a notice of a breach of the same provision of this <br />Dead of Trust within the preceding twelve (12) months, it may be cured (and no Event of Default will have occurred) if Borrower or Truster, <br />after Lender sands written notice demanding cure of such failure: (a) cures the failure within fifteen (15) days; or dd If the cure requires <br />more than fifteen (15) days, immediately initiates steps sufficient to cure the failure and thereafter continues and completes aft reasonable and <br />necessary steps sufficient to produce compliance as soon as reasonably practical. <br />RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust, at any time thereafter, Trustee or Lender may <br />exercise any one or more of the following rights and remedies: <br />Acceleration Upon Defaull; Additional Remedies. If any Event of Default occurs as per the terms of the Note secured hereby, Lender <br />may declare all Indebtedness secured by this Dead of Trust to be due and payable and the same shall 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 thereof, in Its own name <br />or In the name of Trustee, and do any acts which It deems necessary or desirable to preserve the value, marketability or rentability <br />of the Property, or pad of the Property or interest in the Properly; increase the income from the Property or protect the security of <br />the Property; and with or without taking possession of the Properly, sue for or otherwise collect the rents, issues and profits of the <br />Property, including those past due and unpaid and apply the same, less costs and expenses of operation and collection a@ornmet' <br />fees, to any indebtedness secured by this Dead of Trust, 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 the application thereof shall not cure or waive any <br />default or notice of default under this Deed of Trust or invalidate any act done in response to such default or pursuant to such <br />notice of default; and, notwithstanding the continuance in possession of the Properly or the collection, receipt and application of <br />rents, issues or profits, Trustee or Lender shall be entitled to exercise every fight provided for in the Note or the Related <br />Documents or by law upon the occurrence of any event of default, including the right to exercise the power of sale; <br />(b) Commence an action to foreclose this Dead of Trust as a mortgage, appoint a receiver or specifically enforce any of the <br />covenants hereof; 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 />Trustar's interest In the Properly to be sold, which notice Trustee shall cause to be duty filed for record in the appropriate offices of <br />the County in which the Properly is located and <br />(d) With respect to all or any part of the Personal Property, Lender shalt have all the rights and remedies of a secured party under <br />the Nebraska Uniform Commercial Code. <br />Foreclosure by Power of Sale. If Lender elects to foreclose by exercise of the Power of Sale herein contained, Lender shall notify <br />Trustee and shall deposit with Trustee this Dead of Trust and the Note and such receipts and evidence of expenditures made and <br />secured by this Deed of Trust as Trustee may require. <br />(a) Upon receipt of such notice from Lender, Trustee shall cause to be recorded, published and delivered to Truster such Notice <br />of Default and Notice of Sale as then required by law and by this Deed of Trust. Trustee shall, without demand on Truster, after <br />such time as may then be required by law and after recordation of such Notice of Default and offer 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 whole, or in <br />separate lots or parcels or items 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 shall deliver to such purchaser or <br />purchasers thereof its good and sufficient dead or deeds conveying the properly so sold, but without any covenant or warranty, <br />express or Implied. The recitals In such dead of any matters or facts shall be conclusive proof of the truthfulness thereof. Any <br />person, including without limitation Truster, Trustee, or Lender, may purchase at such sale. <br />(b) As may be permitted by law, after deducting all casts, fees and expenses of Trustee and of this Trust, including costs of <br />evidence of title in connection with sale, Trustee shall apply the proceeds of sale to payment of (1) all sums expended under the <br />terms of this Dead of Trust or under the terms of the Note not then repaid, including but not limited to accrued interest and late <br />charges, (if) all other sums then secured hereby, and (iii) the remainder, if any, to the person or persons legally entitled thereto. <br />(c) Trustee may in the manner provitled by law postpone sale of all or any portion of the Property. <br />Remedies Not Exclusive. Trustee and Lender, and each of them, shall be entitled to enforce payment and performance of any <br />indebtedness or obligations secured by this Deed of Trust and to exercise all rights and powers under this Deed of Trust, under the Note, <br />under any of the Related Documents, or under any other agreement or any laws now or hereafter in force; notwithstanding, some or all of <br />such indebtedness and obligations secured by this Deetl of Trust may now or hereafter be otherwise secured, whether by mortgage, dead of <br />trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Dead of Trust nor its enforcement, whether by court action or <br />pursuant to the power of sale or other powers contained in this Deed of Trust, shall prejudice or in any manner affect Trustee's or Lender'. <br />right to realize upon or enforce any other security now or hereafter held by Trustee or Lender, it being agreed that Trustee and Lender, and <br />each of them, shall be entitled to enforce this Dead of Trust and any other security now or hereafter held by Lender or Trustee in such order <br />and manner as they or either of them may in their absolute discretion determine. No remedy conferred upon or reserved to Trustee or <br />