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DEED OF TRUST <br />Loan No:119827 200302868 (Continued) Pages <br />agreement between Lentler and Trustor. <br />Compliance Default. Failure to comply with any other term, obligation, covenant or condition Contained in Mis Dead of Trust, the Note or In <br />any of the Related Documents. It such a failure is curable and if Truster has not been given a notice of a breach of Me same provision of this <br />Dead of Trust within Me preceding twelve (12) months, it may be cured (and no Event of Default will have Occurred) if Trustor, after Lender <br />sends written notice demanding cure of such failure: (a) cures Me failure within fifteen (15) days; or del If the cure requires more Man fifteen <br />(15) days, immetliately initiates 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 Me time required by this Deed of Trust to make any payment for taxes or insurance, or <br />any other payment necessary w prevent filing of or to effect discharge of any lien. <br />False Statements. Any warranty, representation or statement made or furbished to Lender by Trustor or on Trustor's behalf under this Deed <br />of Trust or the Related Documents is false or misleading in any material respect, either now or at Me time made or furnished or becomes <br />false or misleading at any time thereafter. <br />Defective Collaterallzatlon. This Dead of Trust or any of Me Related Documents ceases M be in full force and effect (including failure of any <br />collateral document to create a valid and permitted security interest or lien) at any time and for any reason. <br />Death or Insolvency. The dissolution or termination of Trustor's existence as a going business or the death of any partner, the insolvency of <br />Trustor, the appointment of a receiver for any pan of Truster's property, any assignment for Me benefit of creditors, any type of creditor <br />workout, or the commencement of any rumeeding under any bankruptcy or 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 of 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, his Event of <br />Default shall not apply if Mere 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 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 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 arresting events Occurs with respect to any Guarantor of any of the Indebtedness or any <br />Guarantor dies or becomes incompetent, or revokes or disputes Me validity of, or liability under, any Guaranty of Me Indebtedness. In the <br />event of a death, Lender, at its option, er <br />may, but shall not be required to, pmit Me Guarantors estate to assume uncendifronally the <br />obligations arising under the guaranty in a manner satisfactory to 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 falth believes itself insecure. <br />Right to Cure. If such a failure is curable and if Trustor has not been given a notice of a breach of Me same provision of this Deed of Trust <br />within Me preceding twelve (12) months, it may be cured (and no Event of Default will have Occurred) if Trustor, after Lender sends written <br />notice demanding cure of such failure: (a) cures Me failure within fifteen (15) days; or (b) if Me cure requires more Man fifteen (15) days, <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 seen 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 Me following rights and remedies: <br />Acceleration Upon Default; Additional Remedies. It any Event of Default Occurs as per the terms of Me Note secured hereby. Lender <br />may declare all Indebtedness secured by Mis Dead of Trust to be due and payable and Me 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 mutt and <br />without regard to the adequacy Of its security, enter upon and take possession of the Property, or any pan thereof, in its own name <br />or In Me name of Trustee, and do any acts which it deems necessary or desirable to preserve Me value, marketability or rentability <br />of the Property, or part of the Property or interest in the Property; increase the income from Me Property or protect the security of <br />the Property; and, with or without taking possession of the Property, sue for or otherwise collect Me rents, issues and profits of the <br />Property, including these past due and unpaid, and apply the same, less costs and expenses of opemton and collection allomeys' <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 Me application thereof shall net 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 Me continuance in possession of the Property or Me collection, receipt and applicator of <br />rents, issues or pairs, Trustee or Lender shall be shared to exercise every right provided for in the Note or Me Related <br />Documents or by law upon the occurrence of any event of default, including Me right to exercise the power of sale; <br />gn Commence an action to foreclose his Deed of Trust as a mortgage, appoint a receiver or specifically enforce any of the <br />covenants herself; 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 notice Trustee shall cause to be duly filed for record in the appropriate offices of <br />the County in which the Property is (mated; and <br />(d) With respect to all or any pan of Me 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 Sals. If Lender elects to foreclose by exercise of the Power of Sale herein mntalned, Lender shall hotly <br />Trustee and shall deposit with Trustee this Dead of Trust and Me 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 Trustor 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, attar <br />such time as may then be required by law and 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 Trustee shall deem expedient, and In such order as it may determine, at public auction to Me <br />highest bidder for cash in lawful money of Me 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 property 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 Trustor, Trustee, or Lender, may purchase at such sale. <br />(b) As may be permitted by law, after recall all costs, 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 (i) all sums expended under the <br />terms of Mis Dead of Trust or under Me terns of the Note net Men recall Including but not limited to accrued interest and late <br />charges, (ii) all other sums then secured hereby, and (iii) the remainder, M any, to Me person or persons legally entitled thereto. <br />(c) Trustee may in the manner provltled 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 Me 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 Deed of Trust may new or hereafter be otherwise secured, whether by mortgage, deed of <br />