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200210276
<br />DEED OF TRUST
<br />Loan No: 775238 (Continued) Page 6
<br />Insolvency. The dissolution or termination of Borrower's or Theater's existence as a going business, the insolvency of Renewer or
<br />Treater, the appointment of a receiver far any part of Borrower's or Truster 'a property, any assignment for the benefit of creditors,
<br />any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against
<br />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
<br />securing thg Indebtedness. This includes a garnishment of any of Borrower's or Trustor's accounts, including deposit accounts, with
<br />Lender_ However, this Event of Default shall not apply if there is a good faith dispute by Borrower or Truster as to the validity or
<br />reasonableness of the claim which is the basis fthe creditor or forfeiture proceeding and if Borrower or Trader gives Lender written
<br />notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture
<br />proceeding, in an amount determined by Lender, In its sale discretion, as being an adequate reserve or bond for the dispute.
<br />Breach of Other Agreement Any breach by Borrower or Truster under the terms of any other agreement between Borrower or
<br />Tractor and Lender that is not remedied within any grace period provided therein, Including without limitation any agreement
<br />concerning any Indebtedness or other obligation of Borrower or Truster 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
<br />party of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or
<br />revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. In the event of a death. Lender, at its option,
<br />may, but shall not be required lo, permit the guarantor's estate to assume unconditionally the obligations arising under the guaranty In
<br />a manner satisfactory to Lender, and, in doing so, cure any Event of Default.
<br />Adverse Change. A material adverse change occurs in Borrower's or Trustor'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 />Existing Indebtedness. The payment of any installment of principal or any interest on the Existing Indebtedness is not made within the
<br />time required by the promissory note evidencing such indebtedness, or a default occurs under the instrument securing such
<br />indebtedness and is not cured during any applicable grace period in such instrument, or any suit or other action is commenced to
<br />foreclose any existing lien on the Property.
<br />Right to Cure. 11 such a failure is curable and if Borrower or Truster has nut been given a notice of a breach of the came provision of
<br />this Deed of Trust within the preceding twelve (12) months, it may be cured land no Event of Default will have occurred) if Borrower
<br />or Trustor, after Lender sends written notice demanding cure of such failure: (a) cures the failure within fifteen (15) gave; or Ibl If
<br />the cure requires more than fifteen 115) days, immediately initiates steps sufficient to cure the failure and thereafter continues and
<br />completes all reasonable and 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
<br />may 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,
<br />Lender may declare all Indebtedness secured by this Deed of Trust to be due and payable and the same shall thereupon bocomo
<br />due and payable without any presentment, demand, plateau 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 take possession of the property, or any part thereof, in Its
<br />n name or in the name of Trustee, and do any acts which it deems necessary or desirable to preserve the value,
<br />marketability or rentability of the Property, or part of the Property or Interest in the Property; increase the income from the
<br />Property or protect the security of the Property; and, with or without taking possession of the Property, sue for or otherwise
<br />called the rants, Issues and profits of the Property, Including these past due and unpaid, and apply the same, less costs and
<br />expenses of operation and collection attorneys' fees, to any indebtedness secured by this Deed of Trust, all in such order as
<br />Lender may determine. The entering upon and taking possession of the Property, the collection of such rents, issues and
<br />profits, and the application thereof shall not cure or waive any default or notice of default under this Deed of Trust or
<br />invalidate any act done In response to such default or pursuant to such notice of default; and, notwithstanding the
<br />continuance in possession of the Property or the collection, receipt and application of rents, Issues or profits, Trustee or
<br />Lender shall be entitled to exercise every right provided for In the Note or the Related Documents or by law upon the
<br />occurrence of any event of default, Including the right to exercise the power of sale;
<br />he Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver or specifically enforce any of the
<br />covenants hereuC and
<br />Icl Deliver to Trustee a written declaration of default and demand for sale and a written notice of default and election to
<br />cause Trustor's interest in the Property to be sold, which notice Trustee shall cause in be duly filed for record in the
<br />appropriate offices of the County in which the Property is located; and
<br />(dl With respect to all or any part of too Personal Property, I. ender shall have all the rights and remedies of a secured party
<br />under the Nebraska Uniform Commercial Cade.
<br />Foreclosure by Power of Sale. If Lender oilseed to foreclose by exercise of the Power of Sale herein contained, Lender shall 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 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 Truster such
<br />Notice of Default and Notice of Sale as then required by law and by this Deed of Trust Trustee shall, without demand on
<br />Truster, after such time as may then be required by law and after recordation of such Notice of Default and after Notice of
<br />Sale having been given as required by law, sell the Property at the time and place of sale fixed by it in such Notice of Sale,
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