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f " DEED OF TRUST <br />(Continued) 2 010 0 6 712 gage 4 <br />nr in any of the Related f]ocuments~ <br />Default on Other Payments. Failure of Truster within the time required by this Deed of Trust to make any payment for taxes nr <br />insurance, pr any other payment necessary to prevent filing of or to effect discharge of any lien. <br />Default in Favor of Third Parties. Should Borrower or any Grantor default under any loan, extension of credit, security agreement, <br />purchase or sales agreement, nr any other agreement, in favor of any other creditor or person that may materially affect any of <br />Borrower's or any Grantor's property or Borrower's ability to repay the Indebtedness or Borrower's or Grantor's ability to perform their <br />respective obligations under this Deed of Trust or any of the Related Documents. <br />False Statements. Any warranty, representation or statement made or furnished tq Lander by Borrower or Trustor or on Borrower's or <br />Trustor's behalf under this Deed of Trust nr the Related Documents is false or misleading in any material respect, either now or at the <br />time made or furnished or becomes false or misleading at any time thereafter. <br />Defective Cpllatoralization. This Deed of Trust or any of the Related Documents ceases to be in full farce and effect (including failure <br />of any collateral document to create a valid and perfected security interest ar lien) at any time and fqr any reason. <br />Death or Insolvency. The dissolution of Trustor's (regardless of whether election to continue is model, any member withdraws from <br />the limited liability company, or any other termination of Borrower's or Trustor's existence as a going business or the death of any <br />member, the insolvency of Borrower or Trustor, the appointment of a receiver for any part of Borrower's nr Trustnr's property, any <br />assignment for the benefit of creditors, any type of creditor workout, nr the commencement of any proceeding under any bankruptcy <br />or insolvency laws by or against Borrower or Truster, <br />Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, <br />repossession or any other method, by any creditor of Borrower or Trustor or by any governmental agency against any property <br />securing the Indebtedness. This includes a garnishment of any of Borrower's or Trustor's amounts, including deposit accounts, with <br />Lender. However, this Event of Default shall not apply if there is a good faith dispute by Borrower or Trustor as to the validity or <br />reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower or Trustor gives Lender written <br />notice p( the creditor or forfeiture prgceeding and deppsits with Lender monies or a surety bond for the creditor or forfeiture <br />proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. <br />Breach of Other Agreement. Any breach by Bprrpwer pr Trustor under the terms of any other agreement between Borrower nr <br />Trustor and Lender that is not remedied within any grace period provided therein, including without limitation any agreement <br />concerning any indebtedness or other obligation of Borrower or 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, or accommodation <br />party of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or <br />revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. <br />Adverse Change. A material adverse change occurs in Borrower's or Trustee's financial condition, or Lender believes the prospect of <br />payment or performance of the Indebtedness is impaired. <br />Insecurity. Lender in goad faith believes itself insecure. <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 exercise any one nr more of the following rights and remedies: <br />Acceleration Upon Default; Additional Remedies. If any Event of Default occurs as per the terms of the Nnte secured hereby, <br />Lender may declare all Indebtedness secured by this Deed of Trust to be due and payable and the same shall thereupon become <br />due and payable without any presentment, demand, pretest or notice of any kind. Thereafter, Lender may: <br />(a) Either in person or by agent, with nr without bringing any action or proceeding, or by a receiver appointed by a court and <br />without regard tp the adequacy of its security, enter upon and take possession of the Property, or any part thereof, in its <br />own name nr 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, pr part of the Property or interest in the Property; increase the income from the <br />Property or protect the security of the Property; and, with or without taking possession of the Property, sue fpr or ptherwise <br />collect the rents, issues and profits of the Property, including those past due and unpaid, and apply the same, less casts and <br />expenses of operation and collection attorneys' fees, to any indebtedness secured by this Doed of Trust, all in such order as <br />Lender may determine. The entering upon and taking possession pf the Property, the collection of such rents, issues and <br />profits, and the application thereof shall not carp ar waive any default or notice of default under this Deed of Trust ar <br />invalidate any ace dgne in response to such default nr pursuant to such notice of default; and, notwithstanding the <br />continuance in possession of the Property or the collection, receipt and application pf rents, issues or profits, Trustee nr <br />Lender shall be entitled to exercise every right provided far in the Note pr 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 />Ib) Cpmmence an action to foreclose this Deed of Trust as a mortgage, appoint a renewer or specifically enforce any of the <br />covenants hereof; and <br />Ic) Deliver to Trustee a written declaration of default and demand for sale and a written notice of default and election to <br />cause Truster's interest in the Property to be sold, which notice Trustee shall cause to be duly filed for record in the <br />appropriate offices of the County in which the Property is located; and <br />(d) With respect to all nr any part of the Personal Property, Lender shall have all the rights and remedies of a secured party <br />under the Nebraska Uniform Commercial Code. <br />Foreclosure by Power of Sale. 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 of Trust and the Note and such receipts 'and evidence of expenditures made and <br />secured by this Peed of Trust. as Trustee may require. <br />la) Upon receipt of such notice from Lender, Trustee shall cause to be recorded, published and delivered to Truster such <br />Notice of Default and Notice of Sale as then required by taw and by this Deed of Trust. Trustee shall, without demand an <br />Trustor, after such time as may then be required by law and after recordation of such Notice of Default and after Notine 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 Notine of Sale, <br />either as a whole, or in separate lots or parcels ar 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 sale. <br />Trustee shall deliver to such purchaser or purchasers thereof its goad and sufficient deed or 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 facts shall be <br />conclusive proof of the truthfulness thereof. Any person, including without limitation Trustor, Trustee, or Lender, may <br />purchase at such sale, <br />16) As may be permitted by law, after deducting all costs, fees and expenses of Trustee and of this Trust, including costs of <br />evidence of title in connection with sale, Trustee shall apply the proceeds of sale to payment ni (i) all sums expended under <br />the terms of this Deed pf Trust or under the terms of the Note not then repaid, including but oat limited to accrued interest <br />and late charges, lii) alt ether sums then secured hereby, and (iii) the remainder, if any, to the person or persons legally <br />entitled thereto. <br />(c) Trustee may in the manner provided by law postpone sale of all or any portion of the Property. <br />Remedies Nat Exclusive. Trustee and Lender, and each of them, shall be entitled to enforce payment and performance of any <br />indebtedness or obligations secured by this Deed of Trust and to exercise all rights and powers under this Deed of Trust, under the <br />Note, under any of the Related Documents, or under any other agreement or any laws now or hereafter in force; notwithstanding, <br />some or all of such indebtedness and obligations secured by this Deed of Trust may now or hereafter be ptherwise secured, whether <br />by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, <br />whether by court action ar pursuant to the power of sale or other powers contained in this Deed of Trust, shall prejudice or in any <br />manner affect Trustee's ar Lender's right to realize upon or enforce any other security now or hereafter held by Trustee or Lender, it <br />