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k. ) <br />200211735 <br />DEED OF TRUST <br />Loan No: 775529 (Continued) Page 5 <br />Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained in this Deed of Trust, the Note <br />or in any of the Related Documents. If such a failure is curable and if Truster has not been given a notice of a breach of the same <br />provision of this Deed of Trust within the preceding twelve 0 2) months, it may be cured lend no Event of Default will have o red) <br />If Truster, after Lender sends written notice demanding cure of such failure: (a) cures the failure within ten (10) days; or to) if the <br />cure requires more than ten (10) 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 Truster within the time required by this Deed of Trust to make any payment for taxes or <br />insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien. <br />False Statements. Any representation or statement made or furnished to Lender by Truster or on Trustor's behalf under this Deed of <br />Trust or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished. <br />Detective Collateralization. This Deed of Trust or any of the Related Documents ceases to be in full force and effect (including failure <br />of any 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 Truster, the insolvency of Truster, the appointment of a receiver for any pan of Trustor'a property, <br />any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any <br />bankruptcy or insolvency laws by or against Truster. <br />Taking of the Property. Any creditor or governmental agency tries to take any of the Property or any other of Trustor's property in <br />which Lender has a lien. This Includes taking of, garnishing of or levying on Truster's accounts with Lender. However, if Truster <br />disputes in good faith whether the claim on which the taking of the Property is based is valid or reasonable, and if Truster gives <br />Lender written notice of the claim and furnishes Lender with monies or a surety bond satisfactory to Lender to satisfy the claim, then <br />this default provision will not apply. <br />Breach of Other Agreement. Any breach by Trustor under the terms of any other agreement between Truster 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 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 to, permit the guarantor's estate to assume unconditionally the obligations arising under the guaranty in <br />e manner satisfactory to Lender, and, in doing so, cure any Event of Default. <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 instruments ring 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. If such a failure is curable and if Truster has not been given a notice of a breach of the same provision of this Deed of <br />Trust within the preceding twelve (1 2) months, It may be cured land no Event of Default will have occurred) if Truster, after Lender <br />ends written notice demanding cure of such failure: (a) cures the failure within ten it 0) days; or 0) If the cure requires more than <br />ten (10) 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 <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 Dead of Trust to be due and payable and the same shall thereupon become <br />due and 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 security, enter upon and take possession of the Property, or any pert thereof, in its <br />own 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 />collect the rents, issues and profits of the Property, including those 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 aive 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 />1b) 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 />Ic) 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 to be duly filed for record In the <br />appropriate offices of the County in which the Property is located; and <br />Id) With respect to all or any part Of the Personal Property, Lender shall have all the rights and remedies of a secured party <br />under the Nebraska Uniform Commercial Code. <br />N <br />