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DEED OF TRUST <br />{Continued 2 0 l o 0 o s 9 s page 4 <br />Other Defaults. Trustor tails to comply with or tv perform any other term, obligation, covenant or condition contained in this Deed of <br />Trust or in any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained in any <br />other agreement between Lender and Trustor. <br />Gomptianc¢ Default. Failure to comply with any other term, obligation, covenant or condition contained in this Deed of Trust, the Nate <br />qr in any of the Related Documents. <br />Default an Dthor Paymenu. Failure of Trustnr 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 affect discharge of any lien. <br />Defauk in Favor of Third Parties. Shauid Grantor default under any lean, extension of credit, security agreement, purchase or sales <br />agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Grantor's property or <br />Grantor's ability to repay the Indebtedness or Grantor's ability to perform Grantor's obligations under this Dead of Trust or any of the <br />Related Documents. <br />False Statements. Any warranty, representation or statement made or furnished to L¢nd¢r by Truatar or on Trusty's behalf under this <br />Decd of Trust or the Related Documents Is false or misleading in any material respect, either now or at the time made or furnished or <br />6ecames false or misleading at any time thereafter. <br />Defective Collateralization. This D¢ed of Trusi or any of the Related Documents ceases to b¢ in full force and effect {including failure <br />of any collateral document m create a valid and perfected security interest or lien) at any time and Tor any reason. <br />Death or InsalvanCy. The death of Trustnr, the insolvency of 7rustor, the appointment of a receiver for any part of Trustor'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 Trustnr, <br />Creditor yr Forfeiture Proceedings. Commencement of foreclosure or forfeiture prpceedings, whether by judicial proceeding, self-help, <br />repossession or any other method, by any creditor of 7rustor or by any governmental agency against any property securing the <br />Indebtedness. This includes a garnishment of any of Trustor's accqunta, including deposit accounts, with Lender. However, this <br />Event of Default shall oat apply if there is a good faith dispute by Truster as to the validity or roasvnabl¢ness of the claim which is the <br />basis of the creditor or forfeiture proceeding and if Truster gives Lender written notice of the creditor ar forfeiture proceeding and <br />deposits with Lender monies or a surety band for the credimr or forfeiture prviceading, in an amount determined by Lender, in its sole <br />discretion, as being an adequate reserve or bond for the dispute. <br />Breach of Other Agreement. Any breach by Trustnr under the terms of any other agreement between Trustor and Lander that is not <br />remedied within any grace period provided therein, including without Ilmitation any agreement concerning any indebtedness or other <br />obligation of Trustdr to Lender, whether existing now yr later. <br />Events Affecting Guararrtor. 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 parry dies or becomes incompetent, or <br />revokes ar disputes the validity of, or liability under, any Guaranty of the Indebtedness. <br />Adverse Change. A material adverse change occurs in Trustor's financial condition, or Lender believes the prospect of payment or <br />performance of the Indebtedness is impaired. <br />Insecurity. Lender in goad faith believes itself insecure. <br />Right to Gure. If any default, other than a default in payment is curable and if Trustnr has not been given a not(c¢ of a breach of the <br />same provision of this Deed of Trust within the preceding twelve 112) months, ii may be cured if Trustor, after Lender sends written <br />notice to Trustor demanding cure of such default: 11) cures the default within twenty (20} days; or (2) if the cure requires more <br />than twenty (2D] days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default <br />and thereafter continues and completes all reasonable and necessary steps sufficient 20 produce comgllance as soon as reasonably <br />practical. <br />RIGHTS AND REMEDIES ON DEFAULT. It an Pvant of Default occurs under this Deed of Trust, at any time thereafter, Trustee or Lander <br />may exercise any one or more of the following rights and remedies: <br />Acceleration Upan DefauR; Additional Remedies. If any Event of Default occurs as par the terms of the Note secured hereby, <br />Lender may declare all Indebtedness secured by this heed 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. Tho-reafter, Lender may: <br />la) Either In person or by agent, with or without bringing any action or proceeding, or by a receiver appntnt¢d bV 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 />own name or in the Hama of Trustee, and do any acts which it deems necessary or desirable to preserve the value, <br />marketability or rentability of the Property, ar part of the Property or interest in the Property; increase the income from the <br />Rraper[y 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, lass costs and <br />expenses of operation and collection attorneys' fees, to any Indebtedness secured by this Decd 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 default or notice of default under this Dccd oT Trust or <br />invalidate any act done in response to such default yr pursuant to such notice of default; and, notwithstanding the <br />continuance in possession df the Property or the collection, receipt and application of rents, issues or profits, Trustee or <br />Lander shall be entitled to exercise every right provided for in the Note or the Related Documents or 6y law upon the <br />occurrence of any event of default, including the right to exercise the power of sale; <br />lb) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver or specifically entorre any et the <br />covenants hereof; and <br />Ic) Dellvar to Trustee a written declaration of default and demand for sale and a written notice of default and election to <br />cause 7rustor's interest in the Property to be sold, which notice Trustee shall cause to ba duly filed for record in the <br />appropriate offices of the County In which the Property is located; and <br />Id} With respect to ell or any part of the Personal Properly, Lender shall have all the rights and remedies of a secured party <br />under the Nebraska Uniform Gvmmercial Code. <br />Foreclosure by Power vt Sal¢. If Lender elects to foreclose by exercise of the Power of Sale herein contained, Lender shall notify <br />Trustee and shall deposit with Trustee this Deed at Trust and the Nvta and such receipu and evidenr,¢ of expenditures made and <br />secured by this Deed of Trust as Trustee may require. <br />{e) Upon receipt of such notice Trom Lender, Trustee shall muse tp 6e recorded, published and delivered to 7rustor such <br />Notice of Default and Notice of Sale as then required by law and 6y this Deed of Trust. Trustaa 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 />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 Sal¢, <br />either as a whole, or in separate lots or parcels or items as Trustaa shall deem expedient, and in such order as it may <br />determine, at public auction to the highest bidder for cash in lawful money of the United States payable at the time of sale. <br />Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient deed ar 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 foots shall 6e <br />conclusive proof of the truthfulness thereof. Any person, including without limitation Trustor, Trustee, or Lender, may <br />purchase at such sale. <br />lbl As may 6e permitted by law, after deducting ail costs, foes and expenses of Trustee and of this Trust, including costs of <br />evidence of title in connection wish sale, Trustee shall apply the proceeds of sale tv payment of li) all sums expended under <br />the terms of this Decd of Trust or under the terms of the Not¢ not then repaid, including but not I(mited to accrued interest <br />and Sate charges, Iii} all other sums than secured hereby, and (iii) the remainder, if any, to the person or persons legally <br />entitled thereto. <br />