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<br />(iv) apply for, seek, consent to or acquiesce in the appointment of a
<br />receiver, custodian, trustee, examiner, liquidator or similar of�cial for it or any of
<br />its property;
<br />(v) institute any proceedings seeking an order for relief under any
<br />Bankruptcy Law, or a praceeding seeking to adjudicate it a bankrupt or insolvent
<br />or seeking a dissolution, winding up, liquidation, reorganization, arrangement,
<br />adjustment or compasition of it, or its debts, under any Bankruptcy Law; or fail to
<br />�le an answer or other pleading denying the material allegations of any such
<br />proceeding fil�d against it;
<br />(vi) take any action to authorize or effect any of the foregoing actions
<br />set forth in this paragraph (e); or
<br />(vii) fail to contest, in good faith, any appointment or proceeding
<br />described in paragraph (� below.
<br />(� Withaut the application, approval or consent of Grantor, a receiver,
<br />custodian, trustee, examiner, liquidator or similar official shall be appointed for Grantor,
<br />or any af its praperty, ar any bankruptcy proceeding shall be instituted against Grantar
<br />and such appointment continues undischarged or such proceeding has not been dismissed
<br />or stayed for a period of thirty (30) consecutive days.
<br />Upon the occurrence of one or more Events of Default, or default by Grantar in the
<br />performance of any other covenant or agreement hereunder, or any covenant or agreernent under
<br />the 1602 Agreernent or the other 1602 Dacuments or under any instrurnent or document now or
<br />hereafter executed by Grantor to further secure payment and performance of the Obligations, the
<br />Authority ►r►ay declare all Obligations secured hereby immediately due and payable and, at the
<br />option of the Authority, this Recapture Deed af Trust may be foreclased in the manner pravided
<br />by law far the fareclosure of mortgages on real property or may be sald in the manner provided
<br />in the Nebraska Trust Deeds Act, Neb. Rev. Stat. § 76-1001, et seq. (Reissue 2009) under the
<br />power of sale canferred upon the Trustee hereunder. If the Property is sold pursuant ta the power
<br />of sale conferred upon Trustee hereunder, Truste� shall cause to be filed af record a writt�n
<br />notice af default and electian to sell the Praperty. After the lapse of such time as then may be
<br />required by law follawing recordation of such notice of default, and notice of sale having been
<br />given as then required hy law, Trustee, without dernand on Grantor, shall sell the Property, either
<br />as a whole or in separate parcels, and in such order as it or the Authority may deterrnine, at
<br />public auction to the highest bidder. Trustee may postpone the sale of all or any portion af the
<br />Praperty by public announcement at the time and place of sale, and from time to time thereafter
<br />may postpone the sale by public announcement at the time and place fixed by the preceding
<br />postponement. Trustee shall deliver to such purchaser its deed conveying any Property so sold,
<br />but without any covenant or warranty, express or irnplied. The recital in such deed of any
<br />matters of fact or otherwise shall be conclusive proof of the truthfulness thereof. �ny person,
<br />including Grantor, Trustee or the Authority, rnay purchase at such sale. Trustee shall apply the
<br />proceeds of the Trustee's sale, �rst, to the costs and expenses of exercising the power of sale and
<br />af the sale, including the payment of Trustee's fees actually incurred, second, to the payment of
<br />16
<br />Recapture peed of Trust and Security Agreement
<br />4848-2546-7143.3
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