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<br />Loan No: 101208635
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<br />DEEP OFIRUST
<br />(Continued)
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<br />Page 5
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<br />200602052
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<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.
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<br />Default on Other Paymants. Failure of Trustor 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.
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<br />False Statements. Any warranty, representation or statement made or furnished to lender by Trustor or on Trustor's behalf under this
<br />Deed of Trust or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished or
<br />becomes false or misleading at any time thereafter.
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<br />Defective Collaterallziltlon-."'ThiS"Deed'Cilt'Trust/Of any of the Related Documents ceases to be in full force und effect (including failure
<br />of any collateral document to create a valid and perfected security interest or lienF at any time and for any reason. '
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<br />Insolvency. The dissolution or termination of Trustor's existence as a going business, the insolvency of Trustor, the appointment of a
<br />receiver for any part of Trustor's property, any assignment for the benefit of creditors, any type of creditor workout, or the
<br />commencement of any proceeding under any bankruptcy or insolvency laws by or against Trustor.
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<br />Creditor or Forfeiture Procaedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, selt-help,
<br />repossession or any other method, by any creditor of Trustor or by any governmental agency against any property securing the
<br />Indebtedness. This includes a garnishment of any of Trustor's accounts, including deposit accounts, with Lender. However, this
<br />Event of Defaultsha!l not apply if there is a good faith dispute by TriJstor as to the validity or reasonableness of the claim which is the
<br />basis of the creditor or forfeiture proceeding and if Trustor gives Lender written notice of the creditor or forfeiture proceeding and
<br />deDOlfit8'~t.ender!rnOrilmOr'8.SUrety' bond for the creditor o'r forfeiture proceeding, in an amount determined by Lender, in its sole
<br />discretion, as being an adequate reserve or bond for the dispute.
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<br />Breach of Other Agreement. Any breach by Trustor under the' terms of any other agreement between Trustor 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 Trustor to Lender, whether existing now or later.
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<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 sha!1 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.
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<br />Adverse Change. A material adverse change occurs in Trustor's financial condition, or l.ender believes the prospect of payment or
<br />perfcrmance of the Indebtedness is impaired,
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<br />Inttccudty. Ler.der in good faith believes itself insecu"~.
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<br />Right to Cure. if any defaul~, other than a default in payment is ,curable and if Trust..r has n(",t beep given a notic'?! of a breach, Cof the
<br />same provision of this Deed of Trust within the preceding twelve (12) months, it may be cur~d if Trustor, after receiving writte,n notice
<br />,{ror.\),.e\ld.<r ,da.rn:"'ld:~IG curs.ofsuch,default: ell cures the default within fiftee:1 (15) days; Or (2) if the cure raouir!:!s morc than
<br />fifteih (151 days, immediately initiates steps which Lender deems in Lender's sole dis<.;retion to be su'fficit:mt to cure thl'> defaulliiud
<br />thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably
<br />practical. '
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<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 anyone or more of the following rights and remedies:
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<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 become
<br />due and payable without any presentment, demand, protest or notice of any kind. Thereafter, Lender may:
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<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 P,operty, or any part thereot, in its
<br />own rame or in the name of TrusteE, ar:.d do qny, act:; which it deems necessary or desirable to preserve the vaiue,
<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 foror 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 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;
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<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
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<br />(c) 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 OT the County in which the Property is located; and
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<br />(d) 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.
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<br />Foreclosure by Power of Sale. If Lender elects to foreclose by exercise of the Power of Sale herein contained, Lender shall notify
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