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I <br />3.02 Warranties, Repre_se_ntati_ons znd Covenants of Trustor. Trustor hereby v,•zrrants, represents and <br />covcnants as follows: - ~ - - - - <br />{a) Ezecpt for the suurity interest granicd hereby, Trustor is, and as to portions at the Personal Property !o - ~ - <br />be acquired afer the date hereof wit} be, the sole owner of the Personzi Property, free from any adverse lien, <br />security interest, encumbrance or adverse claims thereon of any kind whatsoever. Trustor will notify Beneficiary-: <br />of, and will defend ibe Personal Property against, all claims and demands of ail persons at any. time claiming the - ' - <br />saint or any interest therein. <br />(b) Trustor wilt oat lease, sell, convey or in any mannertraosfer the Personal Property without the-prior' <br />written consent of Beneficiary. - - - - - <br />{c) The Personal Property is not used or bought frir personal, family or household purposca. <br />~ td) The Personal Progeny will be kept on or at the Property and Trustor wiR not remove the Personal <br />~ , Property from the Progeny without the prior written consent of Beneficiary, except-such portions or items of Fer• <br />;may sonal Progeny which are consumed os worn out in ordinary usage, al! of which shall be promptly replaced:by <br />r~,7rq Tittstor, <br />® (e) Trustor maintains a place of business in the State of Nebraska and Trustor will immediately notify <br />~ Beneficiary in writing of any change in its place of business as set forth in the beginning of-this Deed of!Trusi. <br />(f) At the request of Beneficiary, Trustor will join Beneficiary in executing one or more financing statements ' <br />and renewals and amendments thereof pursuant to the Uniform Commercial Code of Nebr3sksm Corm- satin- <br />- factory to Beneficiary, and will gay the cost of filing the same in all public offices wherever filing is deemed to Berle- <br />ficiazy to be necessary or desirable. <br />fg) All covcnants and obligations of Trustor contained herein relating to the Trust Estate shall be deemed. <br />to apply to the Personal Properly whether or not expressly referred to herein. <br />(h) This Deed of Trust constituics a Security Agreement as that term is used in the Uniform Commercial <br />Code of Nebraska <br />ARTICLE IV <br />RERtEDIES UPON DEFAULT <br />4.01 Events of Default. Any of the following events shall be deemed an event of default hereunder: <br />{a} Default shall be made in the payment of any installment of principal or interest or any ether sum <br />secured hereby when due; or <br />{b) Trustor shall file a voluntary petition in bankruptcy ar shalt be adjudicated a bankrug[ or insolvent, or <br />shall file any petition or answer seeking or acquiescing in any reorganization, arrangement, composition, read- <br />justment, liquidation, dissolution or similar relief for itself under any present or future federal, state or other <br />statute, law or regulation relating to bankruptcy, insolvency or other relief for debtors; ar shalt seek or consent to <br />or acquiesce in the appointment of any Etustee, receiver ar !iquidator of Trustor ar of all as any part of the Trust <br />Eslatc, or of any or all of the: royalties, revenues, rents, issues or profits thereof, or shall makt any general assign- <br />ment for the tsenefit of creditors, ar shall admit in writing its inability to pay its debts generally as they become <br />due; or <br />(c) A court of competent jurisdiction shall corer an order, judgment or decree approving a petition filed <br />against Trustor seeking any rearganitation, dissolution or similar relief under any present or future federal, state <br />or other statute, law or regulation relating to bankruptcy, insolvency or other relief for debtors, and such order, <br />judgment or decree shall remain unvacxted and unstayrd for an aggregate of sixty (60) days fwhather or not con- <br />secutive) from iht first dam of entry thereof; or any trustee, receiver or liquidator or Trustor or of ail or any pan <br />of the Trust Estate, ar of any or a^ of rho royalties, revenues, rents, issues or profits thereof, shalt be appointed <br />without the consent or acquiesence of Trustor and such appointment shalt remain unvacated and unstayed for an <br />aggregate of sixty t60) days (whether or not consecutive); or <br />(d) A writ of execution ar attachment or any similar process shall be issued or levied against all or any part <br />of or interest in the Trust Estate, or any judgnent im~olving monetary darn ages shall he entered against Trustor <br />which shall become a lien an the Trust Estate or any portion thereof or interest therein and such execution, at- <br />tachment or similar process ar judgment is not released, bonded, satisfied, vacated or sta}'ed within sixty (60) <br />days after its entry or Icvy; or <br />(e) Trustor shad, without the consent of Beneficiary, create or consent to the establishment of u district <br />which has ta~iutg powers, ar <br />(f) There has occurred a breach of or default under any !eon, cavcnant, a~rrement, condition, provision, <br />representation ar warranty contained in any of the Loan tnstrurnents ar an}' part thereof, not referred to in this <br />$ecuon 4.01. <br />4.07 Aceetaralion Upon_D_rtauit, Additiona_I_R_eme_dir_s. In the event of soy event of default Cieneficiary <br />may declare all indebtedness secured hereby to be due and payable and tht same shall thereugan 6rcame due and <br />payable without anypresentment,dtmand, protest or notice of any kind. Thereafter Beneficiary may: <br />(i) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver ap- <br />pointed by a court and without regard to the adequacy of its security, enter upon and take possession of the Trust <br />Estate, ar any pen thereof, in its-awn name ar in the name of Trustee, and do any acts which it deems necessary <br />of desirable to presrne the value, marketability or rentability of the Trust Estate, ur aart thereof or interest <br />therein, increase the incorne therefrom or protect the security hereof and, with or without taking possession of the <br />Trust Estata, sue for or otherwise collect tht rants, issues and pnaftts thereof, includin¢ those past ~'~~e and un- <br />paid, and apply [he same, less casts and expenses of operation and collcrtion including anarneys' fees, cyan any <br />