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DEED OF TRUST 200207232 Loan No: ]]0266 (Continued) Page 6 <br />Default on Other Payments. Failure of Truster within the time required by this Deed of Trust to make any payment lot taxes Or (near 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 Borrower or Truslor or on Borrowers or <br />Truslor's behalf under this Deed of Trust or the Related Documents is false or misleading in any materiel res eeol, Other now or at the time <br />made Or furnished Or becomes false or misleading at any time thereafter. <br />Defective Confi tergized en. This Deed of Trust or any of the Related Documents ceases to be In lull tome and effect (including failure of any <br />collateral document to create a valid and pedaled security Interest Or lien) at any time and for any reason. <br />Death or Insolvency. The death of Borrower or nunor, the insolvency of Borrower Or Truster, the appointment of a receiver for any pad of <br />Borrower's or Tashi's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any <br />prcceading 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 property securing the <br />Indebtedness. This Includes a garnishment M any of Borrower's or Truslors account, Including OeOOSIt accounts, with Lentler. However, <br />this Event of Default shall not apply it there Is a good faith dispute by Borrower or Truslor as to the validity or reasonableness of the claim <br />which is the basis of the creditor or forfeiture praceetlmg and if Borrower or Truslor gives Lender written notice of the creditor or forfetWre <br />proceeding and deposits with Lender monies or a surely bond for the creditor ar forfeiture proceetling, In an amount determined by Lender, <br />in its sale discretion, as being an adequate reserve Or bond for the dispute. <br />Breach of Olber Agreement. Any breach by Borrower ar Truster under the terms of any other agreement between Borrower or Tractor and <br />Lender that Is not remedied within any grace period provided therm, including without limitation any agreement concerning any <br />indebtedness or other obligation of Borrower or Truster to Lender, whether weat her now or later_ <br />Events AN ting Guarantor. Any at the pre ding events occurs with respect to any guarantor, endorser, surely, 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 Intlebtedness. In the event of a death, Lender, at IN option, may, but shall not be <br />required to permit the guarantor's estate to assume unconditionally the obllgaval arising under the guaranty In a manner sansfaclory to <br />Lender, and In doing s0, cure any Event of Default. <br />Adverse Change. A material adverse change occurs In Borrower's or Truster's financial condition, Or Lender believes the prospect of <br />payment or performance of the Indebtedness Is Impaired <br />Insecurity. Lender In good faith believed Itself Insecure. <br />Right to Cure. If such a failure Is curable and If Borrower or TruStor has not been given a nonce of a breach of the same provision of this the Deed r Lenderssandsnwrtten notice Melva months, such failure: (a) ernes the failure witthln fifteen (15) days; or (b) if the cure requires <br />ore than fiHeen (15) days, Immediately Iriliates steps sufficient to cure the failure and thereafter continues and completes all reasonable and <br />neceessare 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 Trost, at any time thereafter, Trustee or Lender may <br />exercise any one or more of the following rights and nomedees: <br />Acceleration Upon DelaUll; 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. Therer Lender may: <br />(a) Ether 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 Properly, or any pad thereof, In pis own name <br />or In the name of Trustee, and do any eels which it deems necessary or capable to preserve the value, marketability or Banally <br />of the Property, or part of the Property or Interest in the Properly; increase the Income hOm the Property or protect the security of <br />the Property; and, with or without taking possession of the Property, sue for or otherwise collect the Rnis, Issues and profits of the <br />Pmperry, including those past due and unpaid, and apply the same, less costs and expenses of operaffon and collection attorneys' <br />lees, 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 shafl not cure or weave any <br />default or reline of default under this Deed of Trust or invalidate any act done in response to such default or pursuant to such <br />nonce of default, and, notwithstanding the continuance In pres ideon of the Properly or the collection, recall and application of <br />rents, issues or profits, Trustee Or Lender shall be entitled to exercise every right provided for In the NOW or the Related <br />Documents or by law upon the occurrence of any event of default, Including the right to exemose the power of sale; <br />Of 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) oanver to Trustee a written declaration of default and demand for sale and a written notice of default and election to cause <br />Tasters Interest In the Property to be sold, such notice Trustee shall cause to be duly filed for record In the appropriate offlcce 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 Commerdel Code. <br />Foreclosure by Power Of Sale. If Lender elects to foreclose by exercise of the Power of Sale herein contained, Lender shell henry <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 meant of such notice from of Default and Notice of Sale as them requiered bysew and by this Deed of Trust Trusteeashall, dwthout demand otn Tmsfo Naive after <br />