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<br />.; \J \1 Ii; " ;, :;!! I <br /> <br />for all costs and expenses incurred in connection with the matters referred to in this paragraph. <br /> <br />Attorney-In-Fact. If Trustor fails to do any of the things referred to in the preceding paragraph, lender may do so for and in the name <br />of Trustor and at Trustor's expense. For such purposes, Trustor hereby irrevocably appoints Lender as Trustor's attorney-in-fact for <br />the purpose of meking, executing, delivering, filing, recording, and doing all other things as may be necessary or desirable, in Lender's <br />sole opinion, to accomplish the matters referred to in the preceding paregraph. <br /> <br />FULL PERFORMANCE. If Borrower and Trustor pay all the Indebtedness, including without limitation all future advances, when due, and <br />Trustor otherwise performs all the obligations imposed upon Trustor under this Deed of Trust, Lender shall execute and deliver to Trustee a <br />request for full reconveyance and shall execute and deliver to Trustor suitable ststements of termination of any financing statement on file <br />evidencing lender's security interest in the Rents and the Personal Property. Any reconveyance fee required by law shall be paid by <br />Trustor, if permitted by applicable law. <br /> <br />EVENTS OF DEFAULT. At lender's option, Trustor will be in default under this Deed of Trust if any of the following happen: <br /> <br />PlIyment Default. Borrower fails to make any payment when due under the Indebtedness. <br /> <br />Brellk Other Promises. Borrower or Trustor breaks any promise made to lender or fails to perform promptly at the time and strictly in <br />the manner provided in this Deed of Trust or in any agreement related to this Deed of Trust. <br /> <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. <br /> <br />Defeult on Other Payments. 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. <br /> <br />Default in Favor of Third Parties. Should Borrower or any Trw;ltor default under any loan, extension of credit, security agreement, <br />purchese or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of <br />Trustor's property or Borrower's or any Trustor's ability to repay the Indebtedness or perform their respective obligations under this <br />Deed of Trust or any of the Releted Documents. <br /> <br />False Statements. Any representation or statement made or furnished to lender by Borrower or Trustor or on Borrower's or Trustor's <br />behalf under this Deed of Trust or the Related Documents is false or misleading in any meterial respect, either now or at the time <br />made or furnished. <br /> <br />Defective Collaterlllb:lItion. 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) et any time and for any reason. <br /> <br />Death or Insolvency. The death of Borrower or Trustor, the insolvency of Borrower or Trustor, the appointment of a receiver for any <br />part of Borrower's or Trustor's property, any assignment for the benefit of creditors, eny type of creditor workout, or the <br />commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower or Trustor. <br /> <br />Taking of the Property. Any creditor or governmental agency tries to take any of the Property or any other of Borrower's or Trustor's <br />property in which lender has a lien. This includes taking of, garnishing of or levying on Borrower's or Trustor's accounts with Lender. <br />However, if Borrower or Trustor disputes in good feith whether the claim on which the taking of the Property is based is valid or <br />reasonable, and if Borrower or Trustor gives lender written notice of the claim and furnishes lender with monies or a surety bond <br />satisfactory to Lender to satisfy the claim, then this default provision will not apply. <br /> <br />Breach of Other Agreement. Any breach by Borrower or Trustor under the terms of any other agreement between Borrower or <br />Trustor 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 Trustor to lender, whether existing now or later. <br /> <br />Events Affecting Guarllntor. Any of the preceding events occurs with respect to eny guarantor, endorser, surety, or accommodetion <br />party of any of the Indebtedness or any guarentor, 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. <br /> <br />Insecurity. Lender in good faith believes itself insecure. <br /> <br />Existing Indebtedness. The payment of any installment of principal or eny 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 /> <br />Right to Cure. If any default, other than a default in payment is curable and if Trustor has not been given a notice of a breach of the <br />llame provision of this Deed of Trust within the preceding twelve (12) months, it may be cured if Trustor, after receiving written notice <br />from lender demanding cure of such default: (1) curell the default within twenty (20) days; or (2) if the cure requires more than <br />twenty (20) days, immediately Initiates steps which lender deems in Lender's sole discretion to be sufficient to cure the default and <br />thereafter continues and completes all reasonable end necessery steps sufficient to produce compliance as soon as reesonably <br />practical. <br /> <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: <br /> <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: <br /> <br />(a) Either In person or by agent, with or without bringing any action or proceeding, or by a receiver eppointed by a court and <br />without regerd to the adequacy 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 Trulltee, and do any acts which it deems necessary or desirable to preserve the value, <br />merketability 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 oollection 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 defeult 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, notwithstending 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 /> <br />(b) Commence an action to foreclOSe this Deed of Trust as e mortgage, appoint a receiver or specifically enforce any of the <br />covenants hereof; and <br /> <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 of the County in which the Property is located; end <br /> <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. <br /> <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 daposit 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 es Trustee may require. <br /> <br />(a) Upon receipt of such notice from lender, Trustee shall causa to be recorded, published and deHveredto Trustor such <br />Notice of Default and Notice of Sale as then required by law and by this Deed of Trust. Trustee shall, without de mend on <br /> <br />Page 4 <br /> <br />200809324 <br /> <br />DEED OF TRUST <br />(Continued) <br /> <br />Loan No: 807629 <br />