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DEED OF TRUST 2U1UO~02J <br />(Continued) Page 4 <br />Other Dafauhs. Truatpr fails to comply with or tomperform any other term, obligation, cpvanant or oondition contained in this peed of <br />Trust or in any of the Related pocuments or tp comply with or to perform any term, pbligatipn, covenant ar condition contained in any <br />other agreement between Lender and Truster. <br />Compliance Default. Failure tp comply with any other term, obligation, cpvanant or condition contained in this Deed of Trust, the Npte <br />or in any of the R¢Iated Documents. <br />Default an other Payments, Failure of Trustor 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 effect discharge of any flan. <br />Default in Favor of Third Parties. Should Grantor default under any loan, extension of credit, security agreement. purchase or sales <br />agreement, or any other agreement, in favor of any other creditor or parson that may materially affect any of Grantor's property or <br />Grantor's ability to repay the Indebtedness or Grantor's ability tp perform Grantor's obligations under this Deed of Trust or any of the <br />Related pocuments. <br />False Statements. Any warranty, representation or statement made or furnished to Lender by Trustor or on Trustor's behalf under this <br />peed of Trust or the Related pocuments is false or misleading in any material respect, either now or at the time made or furnished or <br />becomes false or misleading at any time thereafter. <br />Defective Collateralixation. 'this peed pf 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 for any reason, <br />Death or ]nsolvenpy. The death of Truster, the insolvency of Truster, the appointment of a receiver fnr any part of Trustor's property, <br />any assignment for the benefit of creditors, any typo of creditor workout, or the commencement of any proceeding under any <br />bankruptcy or insolvency ]awe by or against Trustor, <br />Creditor ar Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, <br />repossession or any other method, by any creditor of Trustor or by any governmental agency against any property securing the <br />Indebtedness. This includes a garnishment of any of Trustor's accounts, including deposit accounts, with Lender. However, this <br />!=vent of pafault shall not apply if there is a good faith dispute by Trustor as to the validity or reasonableness of the claim which (s the <br />basis of the creditor or forfeiture proceeding and if Truster gives Lender written notice of the creditor or forfeiture proceeding and <br />deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, 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 Truster 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 indebtrdnoss or other <br />obligation of Trustor to Lander, whether existing now or 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 pr becomes incompetent, or <br />revokes or disputes the validity of, or !lability under, any Guaranty bf the Indebtedness. <br />Adverse Change. A material adverse change occurs in Trustor's financial cpnditign, or Lender believes the prospect of payment or <br />performance of the Indebtedness is impaired. <br />Insecurity. Lender in good Faith believes itself insecure. <br />Right to Cure. If any default, other than a default in payment is curable and if Truster has not bean given a notice of a breach of thq <br />same provision of this Dead of Trust within the preceding twelve (12) months, it may be cured if Truster, altar Lander sends written <br />notice tq Trustor demanding cure of such default: 11} cures the default within twenty (20) days; or (2} if the cure requires more <br />than twenty 1201 days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default <br />and thereafter continues and pomplBYes all reasonable and nppcssary steps sufficient tp produce compliance as soon as reasonably <br />practical. <br />RIGHTS AND R8MEp1ES DN DEFAULT. If an Event of pafault occurs under this Deed of Trust, at any time thereafter, Trustee or Lender <br />may exercise any one or more of the following rights and remedies: <br />Accafaration Upon Default; Additional Remedies. IT any Event of pafault occurs as par the terms of the Nota secured hereby, <br />Lender may declare all Indebtedness secured by this Deed of Trust to be duo and payable and the lama shall thereupon become <br />due and payable without any presentment, demand, protest or notige of any kind. Thereafter, Lender may: <br />(a} Either in parson or 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 Hama pr In the name 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 ar protect the security of the Property; and, with or without taking possession of the Property, sue for ar otherwise <br />collect the rents, issues and profits of the Property, including those past duo and unpaid, and apply the same, less costs and <br />expanses of operation and collection attorneys' fees, to any indebtedness secured by this peed pf 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 peed 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 pf the Property or the collection, receipt and application of rants, issues or profits, Trustee or <br />Lender shall 6e entitled to exercise every right provided for in the Ngte 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 />(bl 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 Trustor's Interest in the Property to ha sold, which notice Trustee shall cause to be duly filed far record in the <br />appropriate offices of the Gounty in which the Property is located; and <br />(dl nth respect to alE or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party <br />under the Nebraska Uniform Commercial Cade. <br />Foreplosuro by Power of Sale, If Lender elects Co foreclose by exercise of the Power of Sale herein contained, Lender shall notify <br />Trustee and shall deposit with Trustee this peed of Trust and the Nate and such receipts and evidence of expenditures made and <br />secured by this Daed of Trust as trustee may require. <br />(a) Upon receipt of such notice from Lender, Trustee shall cause to be recorded, published and delivered tp Trustor such <br />Notice of Default and Notipe pf Sala as than required by law and by this Daed of Trust. Trustee shall, without demand on <br />Trustor, altar such time as may than be required 6y law and after recordation of such Notice of Default and after Notice of <br />Sale having bean given as required by law, self the Property at the time and place of sale fixed by it in such Notice of Sale, <br />either as a whole, or in separate lots or 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 money of the United States payable at the time of Sala. <br />Trustee shall deliver to such purchaser or purchasers thereat its good and sufficient dead or deeds conveying the property so <br />sold, but without any covenant or warranty, express or Implied. The recitals in such dead pf any matters or facts shall 6e <br />conclusive proof of the truthfulness thereof. Any person, incuding without limitation Trustor, Trustee, or Lander, may <br />purchase at such sale. <br />(b) As may be permitted dY law, after deducting all posts, fees and expanses of Trustee and pf this Trust, including costs of <br />evidence of title in connection with sale, Trustee shall apply the proceeds of sale to payment of {i) all sums expended under <br />the farms of this peed of Trust or under the terms of the Noto not then repaid, including but not limited to accrued interest <br />end lets charges, (ii) all other sums then sepured hereby, and (iii} the remainder, if any, t0 the person pr persons legally <br />untitled thereto. <br />