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D��D OF TRUST � O 1 O O�� 2 O <br />(Continued) Page 4 <br />Documents, and (2) the liens and security interests created by this Deed of Trust on the Property, whether now owned or hereafter <br />acquired by Trustor, Unless prohibited by law or lender agrees ta the contrary in writing, Trustor shall reimburse l.ender for all costs <br />and expenses incurred in connection with the matters referred to in this paragraph. <br />Attomey-in-Fect. If Trustar fails to do any of the things referred to in the preceding paragraph, Landar may do sq for and in the name <br />of Trustor and at Trustor's expense. For such purposes, Trustor hereby irrevocably appaints Lender as Trustor's attorney-in-fact for <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 ppinion, to accomplish the matters referred to in the preceding paragraph. <br />FULL RERFORMANCE. If Trustor pays all the Indebtedness, including without limitation all future advances, when due, and otherwise <br />performs all the obligations imposed upon 7rustor under this Deed of Trust, Lender shall execute and deliver to Trustee a request for full <br />reconveyance and shall execute and deliver to Trustar suitable statements of termination of any financing statement pn file evidencing <br />Landar's sscurity interest in the Rents and the Personal Property. Any reconveyance fee required by law shall be paid by Trustor, if <br />permitted by applicable law. <br />EVENTS OF D�FAULT. Each pf ths following, at Lender's option, shall constitute an Event of pefsult under this Deed of Trust: <br />Ppymant Default. Trustor fails to make any payment when due under the Indebtedness. <br />Other Defaults. Trustor fails to comply with or to perform any other term, obligetion, covenant or condition contained in this Deed af <br />Trust or in any of the Related Documents or to comply with or to perform any term, pbligation, covenant or condition contained in any <br />other agreement between Lender and Truator. <br />Compliance Default. Failure ta camply with any other term, obligation, covenant or conditiqn contained in [his Deed of Trust, the Note <br />or in any of the Related Documents. <br />Dafault pn 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 pravenk filing af pr to effect discharge of any lien. <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 agraement, 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 Grentor's abligations under this Deed of Trust or any of the <br />Related Documents. <br />Falsa Stataments. Any warranty, representation or statement made or fumishad to Lender by Trustor or on Trustor's behalf under this <br />�eed of Trust or the Related Documents is false or mislsading in any material respect, either now ar at the time made or furnished or <br />becomes false or misleading at eny time thereafter. <br />Defective Cpllateralization. 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 Trustor, the insolvency of Trustpr, 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 pf any proceeding under any <br />bankruptcy or insolvency lews by pr against Trustor. <br />Creditor or Forfeiture Proceedings. Commancement qf fpreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, <br />repossession or any other method, by any creditor of Trustor or by any governmentel agency against any property securing the <br />Indebtedness. This inpludes a garnishment of any of Trustor's accounts, including deposit accounts, with l.ender. Hpwever, thi's <br />Event of �etault shall not apply it there is a good faith dispute by Trustor as to the validity or reasonableness of the claim which is the <br />basis of the creditor or forfeiture proceeding and if Trustar gives Lender written notice of ths creditor or forfeiture proceeding and <br />deposits with Lender monies or a surety bond fpr the creditor or forfeiture proceeding, in an amount determined by Lender, in its sale <br />discretion, as being an adequate reserve or bond for the dispute. <br />Breach of Other Agreement. Any breach by Trustor under the terms of any other agreement between Trustor and Lender thet is not <br />remedied within any grace period provided therein, including without limitation any agreement concerning any indebtedness or other <br />obligation of Trustor to Lender, whether existing now or later. <br />Events Affecting Guarantor. Any of the preceding events occurs with respect ta any guarantar, endvrser, surety, or accammodation <br />party of any of the Indebtedness or any guaran#pr, andorser, surety, or accommodation party dies or becomes incompetent, or <br />revokes or disputes the validity of, pr 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 ar <br />performance of the Indebtedness is impairad. <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 Trustor has not been given a notice af a breach of the <br />same provision pf this Deed of Trust within ihe preceding twelve (12) months, it may be cured if Trustor, after Lender sends written <br />nptice ta Trustor demanding cure of such default: (1) cures the default within twenty (2Q) days; or (2) if the cure requires mpre <br />than twenty (20) days, immediataly initiates steps which Lender deems in Lender's sole discretion to be sufficient tq cure the default <br />and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably <br />prectical. <br />RIGHTS AND REMEDIES ON DEFAULT. If an Event of pefault occurs under this Deed of Trust, at any time thereafter, ?rustee or Lender <br />may exercise any one or more of the following rights and remedies: <br />Accelaratian Upan Default; Additional Remedies. If any Event af Default occurs as per the terms of the Note secured hereby, <br />Lender may declare all Indebtedness sacured 6y this Deed of Trust to be due and payable and the same shall thereupon 6ecome <br />due and payable without any presentment, demand, protest or notice of any kind. Thereafter, Lender may: <br />(a) Either in person or by agent, with or without bringing any action or proceeding, or by a racaiver appointed 6y 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 name of Trustae, end do any acts which it deems necessary or desirable to preserve the value, <br />marketability or rentability af the Property, ar part of the Property ar 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 tha 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, less costs and <br />expenses of operation and collection attorneys' faes, to any indebtedness secured by this Deed of 'Trust, all in such order as <br />Lender may determine. The entering upon and taking possession of the Prpperty, the collection of such rents, issues and <br />profits, and the application thereaf shall not cure or waive any default or notice of default under this Deed af Trust or <br />invalidate any act done in response to such default or pursuant to such notice of default; and, natwithstanding the <br />continuance in possession of the Property or the callectipn, receipt and application af 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 tha ppwer of sale; <br />(b) Commence an action to foreclose this Deed of Trust as a mortgage, sppoint a receiver or specifically entorce 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 of default and election to <br />cause 7rustor's interest in the Praperty 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 pr any part of the Personal Property, Lender shall hsve all the rights and remedies of a secured party <br />under the Nebraska Uniform Commercial Code. <br />Foreclosure by Rower 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 psed of Trust as Trustee may require. <br />