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DEED OF TRUST 200209611 <br />Loan No: 1581776 (Continued) Page s <br />purpose of making, executing, delivering, filing, recording, and doing all other things as may be necessary or desirable, In Lender's sole <br />Minion, to accomplish the rearm referred to in the preceding paragraph. <br />FULL PERFORMANCE. If Borrower pays all the Indebtedness when due, and otherwise performs all the obligations Imposed upon Trustor under <br />this Dead of Trust, Lender shall execute and deliver to Trustee a request for full reconveyance and shall execute and deliver to Trustor suitable <br />statements of armineNon of any financing statement on file evidendng Lender's security Interest In the Rents and the Personal Property. Any <br />reconvnyanpe May required by law shall be paid by Trustor, if permitted by applicable law. <br />EVENTS OF DCTAULT. Each of the following, at Lender's option, shell constitute an Event of Default under this Deed of Trust: <br />Payment DefouN. Borrower fails to make any payment when due under the Indebtedness. <br />Other Defaults. Borrower or Trustor fails to comply with or to perform any other term, obligation, covenant or condition contained in this <br />Deed of Trust or in any of the Related Documents or to comply with or to perform any farm, obligation, covenant or condition contained in <br />any other agreement between Lender and Borrower or Truslor. <br />Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained in this Deed of Trust, the Note or In <br />any of the Related Documents. If such a failure Is curable and If Borrower or Trustor has not been given a notice of a breach of the same <br />provision of this Deed of Trust within the preceding twelve (12) months, It may be cured (and no Event of Default will he" occurred) If <br />Borrower or Trustor, after Lender sends written notice demanding cure of such failure: (a) cures the failure within fifteen (15) days; or (b) if <br />the cure requires more than fifteen (15) days, immediately initiates steps sufficient to cure the failure and thereafter continues and completes <br />all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. <br />Default on Other Payments. Failure of Trustor within the time required by this Dead of Trust to make any payment for faxes or insurance, of <br />any other payment necessary to prevent filing of or to effect discharge of any lien. <br />Default In Favor of Third Parties. Should Borrower or any Trustor default under any loan, extension of credit, security agreement, purchase <br />or aside agreement, or any other agreement, in favor of any other creditor or person that may maternally affect any of Trustor's property or <br />Borrowers or any Trustor's ability to repay the Indebtedness or perform their respective obligations under this Deed of Trust or any of the <br />Related Documents. <br />False Stalemate. Any warranty, representation or statement made or furnished to Lender by Borrower or Trustor or on Bonower's or <br />Trustor's behalf under this Dead of Trust or the Related Documents is false or misleading in any material respect, either new or at the time <br />made or furnished or becomes false or misleading at any time thereafter. <br />Detective CollaterNinflon. 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 to create a valid and perfected security interest or lien) at any time and for any reason. <br />Death or Insolvency. The death of Borrower or Truslor, the insolvency of Borrower or Trustor, the appointment of a receiver for any part of <br />Borrower's or Trustor's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any <br />proceeding under any bankruptcy or insolvency laws by or against Borrower or Truslor. <br />Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by Iudiciel proceeding, s&1 -help, <br />rapossesslon or any other method, by any creditor of Borrower or Trustor or by any governmental agency against any property securing the <br />Indebtedness. This Includes a garnishment of any of Borrower's or Trustor's accounts, Including deposit accounts, with Lender. However, <br />this Event of Default shall not apply if there is a good faith dispute by Borrower or Trustor as to the validity or reasonableness of the claim <br />which is the basis of the creditor or forfeiture proceeding and if Borrower or Truslor gives Lender written notice of the creditor or forfeiture <br />proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, In an amount determined by Lender, <br />In Its sole discretion, as being an adequate reserve or bond for the dispute. <br />Breach of Otter Agreement. Any breach by Borrower or Truslor under the terms of any other agreement between Borrower or Trustor and <br />Lender that is not remedied within any grace period provided therein, including without limitalion any agreement concerning any <br />indebtedness or other obligation of Borrower or Trustor to Lender, whether existing now or later. <br />Events Affecting Guarantor. Any of the preceding events occurs with rasped 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 malarial adverse change occurs in Borrower's or Truslor's financial condition, or Lender believes the prospect of <br />payment or 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 Borrower or Truslor has not been given a notice of a breach 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 have occurred) if Borrower or Trustor, <br />after Lender sends written notice demanding cure of such failure: (a) cures the failure within fifteen (15) days; or (b) if the cure requires <br />more man fifteen (15) 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 receiver appointed by a court and <br />without regard to the adequacy of its secudy, enter upon and lake possession of the Property, or any part thereof, in its own name <br />or in the name of Trustee, and do any ads which 11 deems necessary or desirable to preserve the value, marketability or rentability <br />of the Properly, 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 proMs of the <br />Property, including those past due and unpaid, and apply the same, less costs and expenses of operation and collection attorneys' <br />lees, to any indebtedness secured by this Dead of Trust, all In such order as Lender may determine. The entering upon and taking <br />possession of the Property, the collection of such rants, issues and profits, and the application thereof shall not cure m waive any <br />default or notice of default untler this Dead 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 collectlon, receipt and application of <br />rents, Issues or profits, Trustee or Lender shell be entitled to exemiee every night provided for In the Nate or the Related <br />Documents or by law upon the occurrence of any event of default, including the right 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 notice Trustee shall cause to be duly filed for record In the appropriate oMces of <br />the County in which the Property is located; and <br />(d) With respect to ail or any part 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 shall nasty <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 Dead 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 Trustor, after <br />