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Loan Na: 807825 <br />D~CoOtn ed-ST 2U~9~JS~J9 I'age~ <br />Break Qther Promises. Trustor breaks any promise made to Lender or fails to perform promptly at the time and strictly in the manher <br />provided in this Deed of Trust ar in any agreement related to this Deed of Trust. <br />Compliance Default. Failure to comply with any other term, obligation, cavenanf or conclitian contained in this Deed of Trust, the Note <br />or in any of the Related Doruments. <br />pefautt on Other Payments. Failure of Trustor within the tune required by [Iris Deed of Trust to rrtake any payment for taxes or <br />insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien. <br />Defeat[ in Frdvor of Third Parties. Should Grantor default under any loan, extension of credit, security ayreernertt, purchase or sales <br />agreement., or any other ayreeritent, in favor of any other creditor or person Lhat may materially affect any of Grantor's property or <br />Grantor's ability tc> repay the Indebtedness or Grantor's ability to perform Grantor"s ot.rligatians under this Deed of Trust or any of the <br />Related Documents. <br />False Statements. Any representation or statement made or furnished to Lender by Trustor or nn 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 />Defective Collateralization• This Decd of `fn.ast 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 arty time and for any reason. <br />Death or Insolvency. The death of "l castor, the insolvency of Trustor, the appointment of a receiver fnr any part of TYustor's property, <br />any assigrtrnent 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. Arty creditor or governmental agency tries to take any of the Property or arty other of ('castor's proferty in <br />which Lender has a lien. This includes taking of, garnishing of or levying on Trustor's accounts with Lender. tlowever, if Trustor <br />disputes in' good faith whether the claim an which the taking of the Praperty is based is valid' ar reasonable, and if -Trustor gives <br />lender written notice of the claim and furnishes Lender with monies or a surety bend satisfactory to Lender to satisfy the claim, then <br />this default provisiart will not apply. <br />Breach of ether Agreement. Any breach by frustnr urxier the rectos of any ether agreement between Trustor and Lender that is not <br />remedied within any grace period provided therein, including without limitation any agreement r,anrerning any indebtedness ar other <br />obligation of 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, ar atrmm~lodation <br />party of any of the (ndebtadness or any guarantor, endorser, surety, or arcomrnodation party dies or becomes incompetent, or <br />revokes ar disputes the validity of, or liability under, arty Guaranty of the Indebtedness. <br />Insecurity. Lender in good faith, believes itself insecure. <br />Existing Indebtedness. The payment of any installment of principal or any interest art the Existing Indebtedness is not made within the <br />tune required by the promissory note evidencing such indebtedness, ar a default nr.,rurs under the irtstrurnent securing such <br />indebtedness and is not cured rluring any applicable grace period in such instrument, or any suit nr other action is cornrnenced to <br />foreclose any existing lien on the Property. <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 />same provision of this Dead of Trust within the preceding twelve (121 months, it may be cured if 'frustnr, after Lender sends written <br />notice to Trustor demanding cure of such default: (1) Hares the default within twenty (20) days; or 121 if the cure requires more <br />than twenty (20) days, immediately initiates steps which Lender deems in Lender's eats discretion to be sufficient to cure the default <br />and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably <br />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 exerr..ise any one or more of the following rights and remedies: <br />Acceleration Upon Default: Additional Remedies. If any Event of L')efault occurs as per the teens of the Note secured hereby, <br />Lender may declare all Indebtedness secured by this Ueed of trust to be clue and payable and the same shall thereupon become <br />clue and payable withnw any presentment, demand, protest or notice of any kind. 1"hereafter, Lender may: <br />(a) Either in person or by agent, with or without bringing arty action ar 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 />overt name or in the Warne 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 Properly; and, with or without taking possession of the Property, sue fnr 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 rJatanmine. ~l he 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 ar <br />invalidate any act done in response to such default or pursuant to such native of default, and, notwithstanding the <br />continuance in possession of rite Praperty nr 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 />(b) Cornrnenre an action to foreclose this Deed of Trust as a mortgage, appoint a receiver ar specifically enforce any of the <br />cavanants hereof; and <br />(c) Deliver 1o Trustee a written declaration of default and demand far sale and a written notice of default and election to <br />cause Trustar's interest in the Property to be Bald, which native Trustee shall cause to be duly filed for record in the <br />appropriate nftices of the County in which the Praperty is larated; and <br />Id1 With respect to all ar any part of the Personal Property, Lender shall have all ttte rights and remedies of a secured party <br />under the Nebraska Uniform Commercial Code. <br />Foreclosure 6y Power of Sals. If Lender elects to fnreclase by exercise of the Power of Sale herein contained, (,..ender 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 />(al Upon receipt of such notice tram Lender, Trustee shall cause to be retarded, published and delivered to Trustor such <br />Notice of Default and Notice of Sale as then required by law and by this Deed of l-n,sl. Trustee shall, without demand on <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 />Sala having beenyivf7n as required by law, sell the Property at the time and plate of sale fixed by it in such Natite of Sala, <br />either as a whole, or in separate lots nr parcels or items as Trustee shall deem expedient, and in such order as it may <br />determine, at public auction to the highest bidder fnr cash in lawful money of the United States payable at the tune of sale. <br />Trustee shall deliver to such purchaser or purchasers thereof its gaol and sufficient deed or deeds conveying the property so <br />sold, but without any covenant or warranty, express nr implied. The rocitals in such deed of any matters or facts sftall be <br />conclusive proof at the truthfulness thereof. Any person, including without limitation Trustor, Trustee, or tender, may <br />purchase at such sale. <br />(bl As may be permitted by law, after deducting all costs, fees and expenses of Trustee and of this 7-rust, including costs of <br />evidence of title in connection with sale, 'T'rustee shall apply the proceeds of sale to payment aF (i) all sums expended under <br />the terms of this Deed of 'trust or under the terms of the Note not then repaid, including but not limited to accrued utterest <br />and late charges, Iii) all other sums then secured hereby, and (iii) the remainder, if any, to the person or persons legally <br />ertl.illed thereto. <br />(rl l~rustee may in the manner provided by law postpone sale of all or any portion of the Property. <br />