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DEED OF TRUST Page 4 <br />Loan No: 33868 200200815 (Continued) <br />purpose of making, executing, delivering, fling, recording, and doing all other things as may be necessary or desirable in Lender's ads <br />opinion, to accomplish the matters macroxi to in the preceding paragraph. <br />FULL PERFORMANCE. If Borrower pays all the Indebtedness, including without IIns a Ko all future advances, when due, and otherwise performs <br />all the obligations imlrosetl upon Truster antler This Deed of Trust, LaMar shall execute and driver to Trustee a request for full reconveyance and <br />shall execute add deliver to Tha for suitable statements of termination of any financing statement on file ermitietl tinapplicable Lenders lew.urity interest in the <br />Rents and the Personal Property. Any recomayanwe fee required by law shall he paid by TO Or, '0 p by <br />EVENTS OF DEFAULT. Each of the following, at Lenders option, shall constitute an Event of Default under this Deed of Trust: <br />Payment Default. Borrower falls o make any payment when due under the Indebtedness. <br />other Default.. Borrower ar Trustor fails to canal with or in We" any other term, obligation, covenant or Condition contained in this <br />Dead of Tout or in any of the Related Documents or to comply with or to perform any term, obligation, Covenant or condition contained in <br />any other agreement between Leader and Borrower or Truster. <br />Compliance Default. Failure to Comply with any other term, obligation, covenant or condition contained in this Dead of Trust, the Note or in <br />any of the Related Documents. 11 such a Who is Curable and it Borrower or Trustor has not been given a notice of a breach of Me same <br />provision of this Dead of Trust within the preceding twelve (12) months, d may be cured (and no Event of Default will have occurred) if <br />Borrower or Tractor. after Lender nerds Written notice demanding cure of such failure: (a) cures the failure within thirty (30) days; or (b) if <br />the are requires more then thiry (30) tlays, immediately initiates steps saf icieat re cure the failure and thereafter continues and completes <br />so <br />all resni and necessary steps sufficient te produce compliance as soon as reasonably practical. <br />Default on One 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 affect discharge of any lien. <br />Default In Favor of Third Parties. Shodd Borrower or any Truster 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 peman that may materially effect any of Trust o property or <br />Borrowers or any Trusters ability m repay the Indebtedness or perform their respective obligations under this Dead of Trust or any of the <br />Related Documents. or on Sommers or <br />False Statements. Any warranty, representation ern that went tl made or famished m m seeatlmgon nY rr^atenalrresrpect, either new or at <br />Truchas behalf under this Deed of Trust, the Note, <br />the time made or famished or becomes false or misleading at any time thereafter. <br />Defective Collaterallzatlon. This Dead of Trust or any of the Related Documents ceases to be in full force and effect (including failure of any <br />collateral document o create a valid and perfected security Interest or lien) at any Here and or any reason. <br />Death or Insolvency. The death of Borrower or Trustor or the dlasolulion or terninationY f rowers or Trustor's existence . aYg Bing <br />business, the Insolvency of Borrower or Trusted, the appointment of a receiver for an n of Borrowers or Truster's rte y <br />assignment for the benefit of criabors, any type of Creditor workout, or the commencement of any proceeding under any bankruptcy or <br />Insolvency laws by or against Borrower or Trustor. <br />Creditor or Forfeiture Proceedings. Commencement of oreclosure or odelture proceedings, whether by judicial proceeding, self-help, <br />repossession or any other method, by any creditor of Borrower or Trustor or by any governmerrcal agency against any property securing the <br />Indebtedness. This Includes a garnishment of any of Borrower's or Truster'. accounts, including deposit amounts, with Lender. However, <br />this Evert of Default shall not apply if there is a good faith dispute by Borrower or Trustor as to the validity or reasonableness of the cli lm <br />which is the basis 0 the creditor or odelture proceeding and ff Borrower or Trustor gives Lentler written notice of the creditor or fodefture <br />preceeding end deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Leader, <br />in Its sole excreter, as being an adequate reserve or bond for the dispute. <br />Breach of Other Agreement Any breach by Borrower or Truster untler Me arms of any other agreement hoevron Borrower or Truster and <br />Leader that is net remedied within any grace period provided therein, Including without limitation any agreement concerning any <br />Indebtedness or other obligation of Borrower or Trustor h 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 tho Irdobtedneaa or any guarantor, endorsee Curry, or amor -Onra ion 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 />roquiretl to, permit the guarantor's estate o assume uncord flare lly the obligations arising under the guaranty in a manner satisfactory h <br />Leader, and, in doing so, cure any Event of Default. <br />Advisers Change. A material adverse change occurs in Borrower's or Trustor's Flnanciel condition, or Lender believes the prospect of <br />payment or performance of the Indebtedness is Impaired. <br />Insecurity. Leader in good fee believes itself insecure. <br />Right to Cure. If such a hill Is curable and if Borrower or Trustor 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 Trustor, <br />after Lender sends written notice demanding cure of such failure: (a) cures the failure within thirty (30) days; or (b) if the cure requires mare <br />than thirty (30) days, Immediately initiates steps sufficient to cure the failure and thereafter continues and completes all 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 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 Deed 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 roecol err rt pointed by h own name a Court and <br />without regard o the adequacy of its security , enter upon and take possession of the Property, y pa <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 part of Me Property or inorest in the Property; increase the income from the Property or protect the security of <br />the Property. and, with or wittrout eking posesslon at Hls Property, sue for or Otherwise coleat the rears, issues antl profits of Me <br />Property, Including those past due and unpaid, and apply the same, less costs and expenses of Operation and collection ahomeys' <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 net cure or waive any <br />default or note. 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 profits, Trustee or Lender shall be entitled to wxe else every right provided for in the Note or the Related <br />Documents or by law upon the Occurrence of any event of tlefault, including the right to exercise the power of sale; <br />(b) Commence an action h foreclose this Deetl of Trust as a rmngece, appoint a receiver or specifically enforce any Of the <br />Covenants herseq and <br />(c) Deliver to Trustee a written to be ood, which notice Trustee shall cause o be duly tiled for notice <br />record in me appropriate chase of <br />the County interest c Ina Property to to solo w <br />the County In which the Property is located; and <br />(d) With respect to all or any Per of the Personal Property, Lender shall have all the rights and mmedso of a securetl party under <br />the Nebraska Umfi Commercial Cade. <br />Foreclosure by Power of Sale. If Lender elects to foreclose by exercise of the Power of Sale herein Contained, Lender shall nobly <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 Trustor such Notes <br />