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DE(Co ~ nu d)ST ~ ~ {~ 9 ~ 5 ~ $ ~ Page 5 <br />insurance, or any other payment necessary to prevent filing of ar to effect discharge of any lien. <br />False Statements. Any representation or statement made or furnished to Lender by Truster or on Trustpr'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 />Defective 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 Ilan) at any time and fpr any reason. <br />Death or Insolvency. The death of Trustor, the insolvency of Trustor, the appointment of a receiver for any part of Trustar's 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 Trustor. <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 Trustor's accounts with Lender. However, if Trustor <br />disputes in good faith whether the claim on which the taking of the Property is based is valid ar reaspnable, and if Trustor gives <br />Lender written notice of the claim and furnishes Lender with monies or a surety bond satisfactpry 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 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 Truster to Lender, whether existing now ar 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 pf the Indebtedness. <br />Existing Indebtedness. The payment of any installment of principal pr any interest on the Existing Indebtedness is not made within the <br />time required by the promissory note evidencing such indebtedness, ar a default pepurs under the instrument securing such <br />indebtedness and is opt 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 />RIGHTS AND REMEDIES t7N 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 fpllowing 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 become <br />due and payable without any presentment, demand, pretest ar notice of any kind. Thereafter, Lender may: <br />(a) Either in person pr 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 />awn 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 pf the Property, or part of the Property or interest in the Property; increase the income frpm the <br />Property or protect the security of the Property; and, with or without taking possession pf the Property, sue far or otherwise <br />collect the rents, issues and profits of the Property, including those past due and unpaid, and apply the same, less casts and <br />expenses of pperation and collection attprneys' fees, tp any indebtedness secured by this Deed of Trust, all in such order as <br />Lender may determine. The entering upon and taking possession pf the Property, the collection of such rents, issues and <br />profits, and the application thereof shall oat 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 fpr 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 />(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 <br />(c) Deliver to Trustee a written declaration of default and demand for sale and a written notice pf default and election to <br />cause Trustpr'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 />(d) With respect tp all pr any part of the Personal Property, Lender shall have all the rights and remedies of a secured party <br />under the Nebraska Unifprm Commercial Code. <br />Foreclosure by Power of Sale. If Lender elects to foreclose by exercise of the Power of Sale herein contained, Lender shall nptity <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 />(a) Uppn receipt pf such native from Lender, Trustee shall cause to be recorded, published and delivered tp Truster such <br />Notice of Default and Notice pf 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, <br />either as a whple, or in separate lots pr parcels or items as Trustee shall deem expedient, and in such order as it may <br />determine, at public auction to the highest bidder for cash in lawful mpney of the United States payable at the time of sale. <br />Trustee shall deliver to such purchaser pr purchasers thereof its good and sufficient deed or deeds conveying the property so <br />sold, but without any covenant or warranty, express or implied. The recitals in such deed of any matters or facts shall be <br />conclusive proof of the truthfulness thereof. Any person, including without limitation Trustor, Trustee, or Lender, may <br />purchase at such sale. <br />(b) As may be permitted by law, after deducting all costs, fees and expenses of Trustee and of this Trust, including costs of <br />evidence of title in connection with sale, Trustee shall apply the prpceeds of sale to payment of (i) all sums expended under <br />