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
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