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201007862
<br />(ii) nat pay, or adnait in writing its inability to pay, its debts �enerally
<br />as they become due;
<br />(iii) make an assignment for the benefit af its creditars;
<br />(iv) apply for, seek, cansent to or acquiesce in Lhe appointment of a
<br />r�ceiver, custodian, trustee, exami.ner, liquidator or similar official fnr it or any of
<br />its property;
<br />(v) institute any proceedings seeking an order for relief under any
<br />Bankruptcy Law, or a proceeding seekin� to adjudicate it a bazal�zupt ar insolvent
<br />or seeking a dissolution, winding up, liquid.ation, reorganization, axxa.ngement,
<br />adjustment ar composition of it, or its debts, under any Bankruptcy Law; or fail to
<br />file an answer or other pl�ading denying the material allegations of any such
<br />proceeding filed against it;
<br />(vi) take any action to authorize or �ffect any of the £oregoing actinns
<br />set forth in this paragraph (e); or
<br />(vii) fail to cvntest, in good faith, any appointment nr proceeding
<br />desc�ribed in paragraph (� below.
<br />(� Withaut the a�lication, approval or consent of Grantor, a receiver,
<br />custodian, trustee, exami.ner, liquidator or aim,ilar of�'icial shall be appoiuted for Grantor,
<br />or any vf its property, o� any bankruptcy proceeding shall be instituted against Granto�r
<br />and such appointment continues undischarged or such proceeding has not been dismissed
<br />or stayed for a period of t.�irty (30) consecuti�ve days.
<br />Upon the occwrrence of one or more Events of be£ault, or d�fault by Grantor in the
<br />performance of any other covenant or agr�emeza,t laereuttder, ar any covenant or agreement under
<br />the 1602 Agreement or the other 1602 Documents or under any instrument or document now or
<br />hereafter executed by G�ramtor ta further secure payment and performance of the Obli�ations, the
<br />Authority may declare a indebtedness secured hereby unmediately due and payable and, at the
<br />option nf the Authority, this Recapture Deed of Trust may be foreclosed in the manner provided
<br />by law for th� for�closure of mortgages on reai property or may be sold in the manner provided
<br />in the Nebraska Trust Deeds Act, Neb. Rev. Stat. § 7G-1001, et seq. (Reissue 1996) under the
<br />p�wer of sale canferred upon the Trustee hereunder. If the Properiy is sold pursuant to the power
<br />of sale conferred upon Trustee hereunder, Trustee s}aall cause to be f led of recard a written
<br />notice of default and election to seu the Pruperiy. After the lapse af such time as then may be
<br />required by law following recordation o�' such natice of default, arsd notice af sale having been
<br />given as then required by law, Trustee, without demand �n Graatar, shall sell the Properiy, either
<br />as a wholc or in separate parcels, and i�ra such arder as it ar the Authority may determine, at
<br />public auction to the highest bidder. Trustee may postpone the sale of a11 or any portion of the
<br />Praperty by public an�a,ouncement at t.�e 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 wazranty, express or implied. The recita.l in such deed of any
<br />16
<br />Recapture beed of Trust and 5ecurity Agreement
<br />4840-6755-9942.2
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