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DEED OF TRUST <br />Loan No: 776147 (Continued) 200214521 Page <br />of any collateral document to create a valid and perfected security interest or lien) at any time and for any reason <br />Insolvency. The dissolution or termination of Borrower's or Trustor's existence as a going buddass, the insolvency of Borrower or <br />Truster, the appointment of a receiver for any part of Borrower's or Trustor's property, any assignment for the benefit of creditors, <br />any type of creditor workout, or the commencement of any pruceeding under any bankruptcy or inselvency laws by or egainal <br />Borrower or Trusmr. <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 the Indebtedness. This includes a garnishment of any of Borrower's or Truster 'a 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 hasis of the creditor or forfeiture proceeding and if Borrower or Trustor gives Lender written <br />notice of the creditor or forfeiture proceeding and deposits with Lender monies surety bend for the creditor or forfeiture <br />proceeding, in an amount determined by Lender, In Its sole 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 />Trustor and Lender that a not remedied within any grace period provided therein, Including without limitation any agreement <br />concerning any 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 respect to any guarantor, endorser, surety, or accommodation <br />party of any of the Indebtedness or any guarantor, endorser, surety, or modation party dies or becomes in mpetanq o <br />yokes 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 />a manner satisfactory to Lender, and, in doing so, cure any Event of Default. <br />Adverse Change. A material adverse change n n Borrower's or Trusmr's financial conclude, 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. If such a fell a is curable and if Borrower or Truster has not been given a notice of a breach of the same provision of <br />this Deed of Irest within the preceding twelve 112) months, it may be cured land no Event of Default will have nee urrogif Borrower <br />or Trustor, after Lender sends written notice demanding cure of such failure: lal cures the failure within fifteen (15) days; or far If <br />the cure requires more than fifteen (15) days, Immediately Initiates steps sufficient to cure the failure and thereafter continues and <br />completes all reasonable and rents. s ary 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 became <br />tlue 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 />wlthoel regard to the refugees, of its security, enter upon and take possession of the Property, or any part thereof, in its <br />own name or in the name of Trustee, and do any acts which it tleems 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 throe 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 />validate 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 />do Common,¢ an action to foreclose this Deed of Trust as a mortgage, appoint a receiver or specifically enforce any of the <br />ce,orenls incurred; and <br />(c) Deliver to Trustee a written federation of default and demand for sale and a written notice of default and election to <br />cause Trusmr's interest in the Property to be sold, which notice Trustee shall cause to be duly filed for record in the <br />appropriate cheap of the County in which the Property Is located; and <br />(d) With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies at a secured party <br />under 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 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 Deed of Trust as Trustee may require. <br />let Upon receipt of such notice from Lender, Trustee shall cause to be recorded, published and delivered to Trustor such <br />Notice of Default and Notice of Sole as then required by law and by this Deed of Trust. Trustee shall, without demand or) <br />Trustor, after such time as may then be required by law and after recordation of such Notice of Default and after Notice of <br />