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,' E a i��;� DEED OF TRUST 2 0 �- Q � g 1 �� <br />� (Continued) Page �F <br />nr in any nf the Related Documents. <br />Defauk on Qther Payments. Failure pf Trustor within the time required by this beed of Trust to make any peyment for taxes or <br />insurance, or any other payment necessary to prevent filing of or to effect discharga pf any lien. <br />Default in Favor of Third Parties. Should Borrower or any Grsntor default under any loen, extension of credit, security agreement, <br />purchase or sales agreement, pr any o#her agreement, in favor of any other creditor or person that may materially affect any of <br />8nrrawer's nr eny Grentnr's property or 8orrower's ability to repay the Indebtedness or Borrowar's or Grantor's a6ility to perform their <br />respective obligations under this Deed of Trust or any of the Related Dpcumants. <br />, False Statements. Any warrenty, representation or statement made or furnished to l.ender by Borrawer nr Trustor or on Borrower's or <br />Trustnr's behalf under #his Deed of Trust or 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 eny time thereafter. <br />Defective Collatarnlizatinn. This Deed af Trust or any of the Related Documanta ceeses to be in full force and effect (including feilure <br />of any colla#eral document to create a valid and perfected security intsreat or lien) at any time and for any reason. <br />Death nr Inanlvency. The dissolution of Trustor's (regardless nf whather election to continue is madel, any mamber withdraws from <br />the limited liability company, or any other termination of 8nrrower's or Trustor's existence as a going business or the death of a,ny <br />member, the insolvency of Borrower ar Trustnr, the appointment of a receiver for any pert of Borrower's or Trustor's property, any <br />assignment fnr the benefit af creditors, any type of creditor workout, or the cammencement of any proceeding under any bankruptcy <br />pr insolvsncy laws by nr egainst Borrower or Trustor. <br />Creditor or Fnrfefture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, <br />repossession or any other method, by any creditnr of Borrower or Trustor or by any governman#sl agency against any property <br />securing the Indebtedness. 7his includas e garnishment of any of Barrower's or 7rustor's accounts, including deposit accounts, with <br />Lender. However, this �vent of Dafault shall not apply if there is a good faith dispute by Borrower or Trustor as to the validity o'r <br />reasvnableness of the claim which is the basis of the creditor or forfeiture proneeding and if Borrower or 7rustor gives Lender written <br />notice of the creditnr or fnrfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture <br />proceeding, in an amount determined by Lender, in its sole discretion, es being en adequate reserve or bond for ths dispute. <br />Breach of Other Agreement. Any breach by Borrower or 1`rustor under the terms of any other agreement betwean Borrower or <br />Trus#or and Lender that is not remedied within any grace period provided therein, including without limitetion any agreemei�t <br />concerning any indebtedness or other obligatipn of Borrower or Trustor to Lender, whether exiating now ar later. <br />Events Affecting Guarantor. Any of the precsding events occurs with respect to any guarsntnr, endorser, surety, or accommodatipn <br />party of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or <br />revokes ar disputes ths validity of, ar liability under, any Guarenty of the Indebtedness. <br />Adverse Change. A material adverse change occurs in Borrower's or Trustar's financial condition, or Lender believea the prospect of <br />payment or performance af the Indebtedness is impaired. <br />Insecurity. Lender in good faith believes itself insecure. <br />RIGHTS AND REMEDIES ON qEFAULT. If an Event of Default occurs under this Deed of Trust, at any time thereafter, Trustee or Lender <br />may exercise any one or mnre of the following rights and remedies: <br />Acceleration Upnn Default; Additional Remedies. If any Evant of Default occurs as per the terms of the Note secured hereby, <br />Lender mey declere all Indebtedness secured by this Daed of Trust to be due and pay�ble and the same shall thereupon become <br />due and payable without any presentman#, demend, 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 receiver appointed by a court and <br />without regard to the adequacy of its security, enter upon and take possessian of the Property, or any pert thersof, in its <br />own name or in the name nf Trustee, and do any acts which it daems necessary or desirable to pr2serve the vaiue; <br />marketability or rentability of the Property, or part of the Property or interest in the Property; incraase the income from tHe <br />Property or protect the security of the C'roperty; end, with or without taking possession pf the Property, sue for or otherwise <br />collect the rants, issues and profits of the Property, including those past due and unpaid, and apply the same, less oosts and <br />expenses of operation and collection sttnrneys' fees, ta any indebtedness secured by this Deed of 7rust, all in such order as <br />Lender may determine. The entering upon and taking posseasion af the Property, the collection of such rents, issues and <br />profits, and the application thereof shall not cure or weive any default or notice of default under this Deed of 7rust pr <br />invalidate any act done in response to such default or pursuant to such notice of default; and, notwithstanding the <br />continuance in possession vf the Praperty or the callection, 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 />ocourrence of eny event of default, including the right ta exercise the power of sale; <br />(6) Cnmmence an action to foreclose this Deed pf Trust as a mortgage, appoint a receiver or specifically enforce any of the <br />covenants hereof; and - <br />(c) Deliver to Trustee a written declaratlon of defaul# and demand for sale and a written notice of default and election to <br />causa Trustor's interest in the F'roperty 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 respact to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured per#y <br />under the Nebraska Uniform Commercial Code. <br />Foreclosure hy Power of Sale. If Lender elacts to fnreclose by exercise of the Pawer of 5ale herein contained, Lender shell notify <br />Trustee and shall deposit with Trustee this Deed of Trust and the Note end such receipts and evidence of expenditures made and <br />secured by this Dsed of Trust as Trustee may require. <br />(a) Upon receipt of such notice from Lander, Trustee shall cause to be recorded, published and delivered to 'Trustor such <br />Notice of befault and Notice nf Sale as then required by law and by this Dead of Trust. Trustee shall, without demand on <br />Trustor, after such time es 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 Proper#y at the time and place of sale fixed hy it in such Notice of Sale, <br />either as a whole, or in separate lots or percels or items as Trustee shall deem expedient, and in such order as it may <br />determine, at public auctian ta the highest bidder for cash in lawful money of the United States psyable at the time of sale. <br />Trustee shall deliver to such purchaser or purchasers thereof i#s good and sufficient deed ar deeds conveying the property sa <br />sold, but withnut any covenant or warranty, express or implied. The recitals in sunh 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 />(b) As may be permitted by law, efter deducting all casts, fees and expenses of Trustee and of this 7rust, including costs of <br />evidence of title in cannection with sale, Trustee shall apply the prpcseds of sale to payment of �i) all sums expended under <br />the terms of this Deed of Trust or under the terms of the Note not then repaid, including but not limited to accrued interest <br />and late charges, (ii) all other 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 providsd by law postpone sale of all or any portion of the Property. <br />Remedies Not Exclusive. Trustee and Lender, snd 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 beed of Trust, under the <br />Note, under any af the Releted Documents, or under any nther agreement or any laws now or hereafter in force; notwithstanding, <br />spme or all of such indebtedness and obligations secured 6y this �eed of Trust may now or hereafter be otherwise secursd, whether <br />6y mortgage, deed of trust, pledge, lien, essignment or otherwise. Neither the ecceptance of this Deed of Trust nor its enforcement, <br />whether by court activn or pursuant to the power of sale or nther powers contained in this Deed of Trust, shall prejudice or in any <br />manner affact Trustee's or Lend2r's right to realize upon or enforce any other security now or hereafter held by Trustee or Lsnder, it <br />