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DEED OF TRUST <br />Loan No: 1891605 (Continued) 200300360 Page a <br />Default on Other Payments. Failure of Truster within the time required by this Dead 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 Ilan. <br />Default In Favor of Third Parties. Should Truster default under any loan, 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 Trustor's 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 warranty, representation or statement made or furnished to Lender by Truster or on Trustor's behalf under this Deed <br />of Trust or the Related Documents Is false or misleading in any material respect, either new or at the time made or furnished or becomes <br />false or misleading at any time Ihereafer. <br />Defective Collaterailmlion. This Dead of Trust or any of the Relatetl Documents ceases to be in full force and effect (including failure of any <br />coldest document to create a valid and perfected security Interest or lien) at any time and for any reason. <br />Death or Insolvency. The death of Truslor, the insolvency of Truster, the appointment of receiver for any pad of Trusters properly, any <br />assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or <br />insolvency laws by or against 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 Truster or by any governmental agency against any properly securing the <br />Indebtedness. This includes a garnishment of any of Trustor's accounts, including deposit accounts, with Lender. However, this Event of <br />Default shall not apply if there is a good faith dispute by Truster as to the validity or reasonableness of the claim which Is the basis of the <br />creditor or forfeiture proceeding and if Truster gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender <br />monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an <br />adequate reserve or bond for the dispute. <br />Breach of Other Agreement. Any breach by Truster under the terms of any other agreement between Truster and Lender that Is not <br />remedied within any grace period provided therein, including without limitation any agreement concerning any indebtedness or other <br />obligation of 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 />Lender, and, in doing so, cure any Event of Default. <br />Adverse Change. A material adverse change occurs in Trustor's financial condition, or Lender believes the prospect of payment or <br />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 Truster 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, it may be cured (and no Event of Default will have occurred) if Truster, after Lender sends written <br />notice demanding cure of such failure: (a) cures the failure within fifteen (15) days; or (b) if the cure requires more than fifteen (15) dam <br />immediately initiates steps sufficient to cure the failure and thereafter continues and completes all reasonable and necessary steps sufficient <br />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 Default; 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 Property; 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 profit of the <br />Property, including those past due and unpaid, and apply the same, less costs and expenses of operation and collection attorneys' <br />fees, to any indebtedness secured by this Used of Tri t. all in such order as Lender may determine. The enteiing upon and taking <br />possession of the Property, the collection of such rent 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 Property or the collection, receipt and application of <br />rents, issues or prchts, Trustee or Lender shall be entitled to exercise every right provided for in the Note or the Related <br />Documents or by law upon the occurrence of any ei of default, Including the fight to exercise the power of sale; <br />(b) Commence an action to foreclose this Deed 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 />Trustor's interest in the Property to be sold, which r otice Trustee shall cause to be duly filed for record in the appropriate offices of <br />the County in which the Property is located; and <br />(d) With respect to all or any pad of the Personal rropedy, Lender shall have all the rights and remedies of a secured party under <br />the Nebraska Uniform Commercial Code. <br />Foreclosure by Power of Sole. If Lender elects Ir foreclose by exercise of the Power of Sale herein contained, Lender shall notify <br />Trustee and shall deposit with Trustee this Deed o Trust and the Note and such receipts and evidence of expenditures made and <br />secured by this Dead of Trust as Trustee may requir <br />(a) Upon receipt of such notice from Lender 'rustle shall cause to be recorded, published and delivered to Truster such Notice <br />of Default and Notice of Sale as then requlrr i by law and by this Deed of Trust. Trustee shall, without demand on Trustee after <br />such time as may then be required by law end after recordation 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 whole, or in <br />separate lots or parcels or items as Trusty a shall deem expedient, and in such order as it may determine, at public auction to the <br />highest bidder for cash In lawful money c the United Slates payable at the time of sale. Trustee shall deliver to such purchaser or <br />purchasers thereof its good and suffice l deed or deeds conveying the property so sold, but without any covenant or warranty, <br />express or implied. The recitals in sue dead of any matters or facts shall be conclusive proof of the truthfulness thereof. Any <br />person, including without limitation Tru• i. Trustee, or Lender, may purchase at such sale. <br />(b) As may be permitted by law, a •i deducting all costs, fees and expenses of Trustee and of this Trust, including cosh of <br />evidence of title in connection with he, Trustee shall apply the proceeds of sale to payment of (it all sums expended under the <br />terms of this Deed of Trust or unr i the terms of the Note not then repaid, including but not limited to accrued interest and late <br />charges, (11) all other sums then r joined hereby, and (iii) the remainder. if any, to the person or persons legally entitled thereto. <br />(c) Trustee may in the manner r evident by law postpone sale of all or any porlion of the Properly. <br />Remedies Not Exclusive. Trustee a d Lender, and each of them, shall be entitled to enforce payment and performance of any <br />indebtedness or obligations secured h 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 • -cured by this Deed of Trust may now or hereafter be otherwise secured, whether by mortgage, deed of <br />trust, pledge, lien, assignment or r nerwise. Neither the acceptance of this Deed of Trust nor its enforcement, whether by court action or <br />pursuant to the power of sale or nher powers contained in this Deed of Trust, shall prejudice or in any manner affect Trustee's or Lender's <br />right to realize upon or enforce , v other security now or hereafter held by Trustee or Lender, it being agreed that Trustee and Lender, and <br />