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DEED OF TRUST 2 010 0 7 2 2 9 <br />(Continued) Page ~ <br />the purpose of making, executing, delivering, filing, recording, and doing all other things as may be necessary or desirable, in Lender's <br />sale opinion, to accomplish the matters referred tp in the preceding paragraph. <br />FULL PERFORMANCE. It Harrower and Truster pay all the Indebtedness, including without limitation all future advances, when due, and <br />Trustor otherwise performs all the obligations imposed upon Truster under this Deed of Trust, Lender shall execute and deliver to Trustee a <br />request for full reconveyance and shall execute and deliver to Trustor suitable statements of termination of any financing statement on file <br />evidencing Lender's security interest in the Rents and the Personal Property. Any reconveyance fee required by law shall be paid by <br />Trustor, if permitted by applicable law. <br />EVENTS OF DEFAULT. At Lender's aptivn, Trustor will be in default under this Deed of Trust if any of the following happen <br />Payment Default. Borrower fails to make any payment when due under the Indebtedness <br />Break Other Promises. Borrower or Trustor breaks any promise made to Lender or fails to perform promptly at the time and strictly in <br />the manner provided in this Deed of Trust or in any agreement related to this Deed of Trust. <br />Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained in this bead of Trust, the Note <br />or in any of the Related 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 pf ar to effect discharge of any lien. <br />Default In Favor of Third Parties. Should Borrower nr any Grantor default under any loan, extension of credit, security agreement, <br />purchase or sales agreement, or any other agreement, in favor pf any other creditor or person that may materially affect any of <br />Horrower's or any Grantor's property or Borrower's ability to repay the Indebtedness or Horrvwer'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 representation or statement made or furnished to Lender by Borrower or Trustor or on Borrower's or Trustor's <br />behalf under this Deed of Trust or the Related Documents is false or misleading in any material respect, either now or at the time <br />made or furnished. <br />Defective Collateralization. This Deed of 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 lien) at any time and for any reason. <br />Death or Insolvency. The death of Harrower or Trustor, the insolvency of Borrower or Trustor, the appointment pf a receiver for any <br />part of Borrower's or Trustor's property, any assignment fer the benefit of creditors, any type of creditor workout, or the <br />commencement of any proceeding under any bankruptcy pr insolvency laws by or against Borrower or Trustor. <br />Taking of the Property. Any creditor or governmental agency tries to take any of the Property or any other of 8nrrower's or Trustor's <br />property in which Lender has a lien. This invludes taking of, garnishing of or levying on Borrower's or Trustor's accounts with Lender. <br />However, if Borrower or Trustor disputes in good faith whether the claim on which the taking of the Property is based is valid or <br />reasonable, and if Borrower or Trustor gives Lender written native of the claim and furnishes Lender with monies or a surety bond <br />satisfactory to Lender to satisfy the claim, then this default provision will not apply. <br />Breach of Other Agreement. Any breach by Bprrpwer pr Trustor under the terms of any other agreement between Borrower or <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 new 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 bevames incompetent, or <br />revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. <br />Insecurity. Lender in good fiaith believes itself insecure. <br />Right to Cure. If any default, other than a default in payment is curable and if Trustor has not been given a notice of a breach of the <br />same provision of this Deed of Trust within the preceding twelve 1121 months, it may be cured if Trustor, after Lender sends written <br />notice to 8prrower demanding cure of such default: (1) cures the default within thirty 1301 days; or (2) if the cure requires more <br />than thirty (30) 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 to produce compliance as scan as reasonably <br />practical. <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 or 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 Note 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, protest or notice of any kind. Thereafter, Lender may: <br />la) Either in person 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, er any part thereof, in its <br />pwn name 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 or protect the security of the Property; and, with or without taking possession of the Property, sue for pr otherwise <br />collect the rents, issues and profits of the Property, including those past due and unpaid, and apply the same, less costs and <br />expenses of operation and collection attorneys' fees, tv any indebtedness secured by this Deed of Trust, all in such order as <br />Lender may determine. The entering upon and taking ppssessipn pf 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 Deed pf 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 rents, issues or profits, Trustee or <br />Lender shall be entitled to exercise every right provided for in the Note 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 />(b) 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 fer sale and a written notice of default and election to <br />cause Trustor'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 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 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 Deed of Trust as Trustee may require. <br />lal Upon receipt of such notice from Lender, Trustee shall cause to be recorded, published and delivered to Trustor such <br />Notice of Default and Notice of Sale as then required by law and 6y this Deed of Trust. Trustee 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 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 far cash in lawful money of the United States payable at the time of sale. <br />Trustee shall deliver to such purchaser yr purchasers thereof its good 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 suvh sale. <br />