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DEED OF TRUST 200302364 <br />Loan No: 41036 (Continued) Page 5 <br />In any of the Related Documents or to comply with or to perform any farm, obligation, covenant or condition contained In any other <br />agreement between Lender and Trustor. <br />Compliance Default. Failure to comply with any other farm, obligation, covenant or condition contained in this Dead of Trust, the Note or in <br />any of the Related Documents. If such a failure is curable and if Trustor has not been given a notice of a breech of the same provision of this <br />Deed of Trust within the preceding twelve (12) months, it may be cured (and no Event of Default will he" occurred) If Trustor, after Lender <br />sends written mass demanding cure of such failure: (a) cures the failure within fifteen (15) days: or (b) if the cure requires more than fifteen <br />(15) days, Immediately inmates steps sufficient to cure the failure and thereafter, continues and completes all reasonable and necessary steps <br />sufficient to produce compliance as soon as reasonably practical <br />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 <br />any other payment necessary to prevent filing of or to effect discharge of any lien. <br />False Statements. Any warranty, representation or statement made or furnished to Lender by Trustor or on Trustor's behalf under this Deed <br />of Trust or the Related Documents is (else or misleading In any materiel respect, either now or at the time made or furnished or becomes <br />false or misleading at any time thereafter. <br />Defective Collateratlmtion. This Dead of Trust a any of the Related Documents ceases to be in full form and effect (including failure of any <br />collateral document to create a valid and perfected security interest or Tian) at any time and for any reason. <br />Death or Insolvency. The death of Trustor, the insolvency of Trusts, the appointment at a receiver for any pan of Trustor's property, any <br />assignment for the benefit of aed tors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or <br />insolvency laws by or against Trustor. <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 W Trustor or by any governmental agency against any property 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 Trustor as to the validity or reasonableness of the claim which is the basis of the <br />creditor or forfeiture proceeding and If Trustor gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender <br />monies or a surety bond for the creditor or forfelture promedi g, in an amount determined by Lender, in its sole discretion, as being an <br />adequate reserve a bond for the dispute. <br />Breech of Other Agreement. Any breech by Trustor under the terms of any other agreement between Trustor 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 Trustor 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. <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 ttsalf insecure. <br />RIGHTS AND REMEDIES ON DEFAILT. If an Event of Default occurs under this Deed of Trust, at any time theefter, Trustee or Lander 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 fake possession of the Property, or any part thereof, in its own name <br />or in the name of Trustee, and do any eels which a deems necessary or deelrable 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 Properly; end, with or without taking possession of the Property, am for or otherwise collect the rants, Issues and profits of the <br />Property, including those past due and unpaid, and apply the same, lass costs and expenses of operation and collection attorneys' <br />fees, to any Indebtedness secured by this Deed 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 />nofice of default; end, notwithstanding the continuance in possession of the Property or the collection, receipt and application of <br />rents, issues or profits, Trustee or Lender shell be entitled to exercise every right provided for in the Note or the Related <br />Document or by few upon the occurrence of any event of default, Including the right to exercise the power of sale; <br />(b) Commence an action to faeciose this Deed of Trust as a mortgage. appoint a receiver or specifically enforce any of the <br />covenants hereol; and <br />(c) Deliver to Trustee a written declaration of default and demand for sale and a written notice of default and election to muse <br />Trustor's Interest in the Property to be sold, which notice Trustee shall muse 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 Property, Lender shall 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 shell notify <br />Trustee and shall deposit with Trustee this Deed 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 shell muse to be recorded, published and defverpd totTrusfor such Notice <br />