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�EED OF TRUST n an , r � ' <br />r. �� � ' �' f� � 1� 1� r' (Continued) � v� v L3 ����� Page 4 <br />EVENTS OF DEFAULT. Each of the following, at Lender's optian, shall constitute en Event of Default under this �sed of Trust: <br />Payment bafault. Trustor fails to make any payment when due under the Indebtedness. <br />Other Defaults. Trustor fails to comply with or #o psrfarm any other term, abligation, covenant or condltion conteined in this Deed of <br />Trust or in any of the Related Documents or to comply with o� to perform any term, pbligatian, covenant or condition contained in any <br />ather agreement between Lender and Trustor. <br />Compliance Defeult. �ailure to comply with any other term, obligetion, cavenant or condition containsd in this Deed of Trust, the Nots <br />or in any of the Related Documents. <br />Default on Ather Payments. Failure of Trustor within the time required by this Deed of Trust to make any payment far texes or <br />insurance, or any other paymant necessary to prevent filing af or to effsct discharge of any lien. <br />Defaul# in Favor of Third Partles. Should Grantor dsfsult undar any loan, exrension of credit, security agreement, purchase or sales <br />agreement, or any other agreement, In favnr bf any other creditor pr person that may materially affect any pf Grantor's property or <br />Grantor's ability to repay the Indebtedness or Grantor's ability to perform Grantar's ohligations under this Deed of Trust vr eny of the <br />Related Dpcuments. <br />False Statements. Any u�,arranty, representetion I�r staternent made`ar fumi�hed to Lende� by Truator or on Trustor"s behalf under this <br />Deed of�Trust or the Relsted Documents is false'ormisleeding'in any'tnaterial respect, ei'ther now qr at the fime mede or furnished or <br />becomes false or misleading at any time thereafter. <br />Defective Collateralization. This Deed of l'rust or any of the Related Documents ceases to be in full force and effect (including failure <br />af any collateral document to create a valid and perfected security interest or lien) et any time and for any reasan. <br />Death or Insolvency. The death of Trustor, the insolvency of "Crustor, 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 of any proceeding under any <br />4ankruptcy or insolvency laws by or egainst l�rus#or. <br />Creditar or Forfeiture Proceedings. Commencement of fareclosure or forfeiture proceedings, whether by judicial proceeding, self-help, <br />repossession or any other method, by any creditar of Trustor or by any governmental agency against any property securing the <br />Indebtedness. This includes a garnishment of any of Trustor's sccounts, including deposit accounts, with Lender. However, this <br />Event of I]efauit shall nbt apply if there is a goad faith dispute by Trustor es to the vslidity ar reasonableneas of the clsim which is the <br />basis of the creditor or forfeiture procesding and if l"rustor gives Lender written notice of the crsditor or farfeiture proceeding and <br />deposits with Lend�r mpnias or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole <br />discretian, as being an adequate` reserve or bond fnr the dispute. <br />Breech of Other Agreement. Any 6reach by Trustor under the terms of sny nther sgreement between Trustor and Lender thst ig not <br />remedied within any grace period provided therein; including without limitation any agreament canCeming any indebtedness or other <br />obligation of Trustor to Lender, whether existing nnw ar later. <br />Events Affecting C3uarantor. Any of tha preceding events occurs with respect to any guarantor, endorser, surety, or accommndatipn <br />party nf any af the Indebtedness or any guarentor, endorser, surety, or accommodatian party dies or becomes incampetent, or <br />revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. <br />Adverse Change. A meteriei sdverse changa occurs in Trustor's financiel condition, or Lender believes the proapect of payment or <br />performance of #he Indebtedness is impaired. <br />Insecurity. Lender in good faith believes itself insecure. <br />Right ta Cure. If any default, other than a default in payment is curable and if Trustor has not 6een given a notice of a breach of the <br />same provision of this Deed of Trus.i., w,ithin.,th.a: R[ecedinq twelue 1121..munths,. it�.ma.y bs• cuced.:if T��ua�ac,.. �txer.,.L.rarad�r,yacad�itten <br />notice to Trustor demanding cure of such default: (1) cures the default within twenty (20) days; or (2) if tha cure requires more <br />than twenty (20) days, immedietely initiatea step's which Lender deems in Lender's sole discretion to be sufficient to cure the default <br />and thereatter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably <br />practical. <br />RIGHTS ANb REMEDI�S ON DEFAUI.7. If an Event vf pefault occurs under this Deed of Trust, at any time thereafter, Trustee pr Lender <br />may exercise any ane or more of the follawing rights and remedies: <br />Acceleration Upon Default; Additional Remedfes. If any Event of Default occurs as per tha terms af the Note secured herehy, <br />Lender may declare all Indebtedness secured by this Deed of Trust to 6e due snd psyeble end the same shall thereupon become <br />due and payable without any presentment, demand, protest or notice of any kind. Thereafter, Lender may: <br />(a) �ither in person or by agent, with or without bringing any ection or proceeding, or hy a receiver appainted by a court and <br />without regard to the adequacy of its security, enter upnn and tske possession of the Property, or any part thereof, in its <br />own name or in the name of Trustee, and do any acts which it cJpems necessary vr desirable to preserve the value, <br />marketability or renta6ility of the Property, or part of the Praperty or interest in the Property; increase the incbme frpm the <br />Property or protect the security af the Property; and, with or without taking possession of the Property, sue for or otherwise <br />callect the rents, issues �nd profits of the Property, including those past due and unpaid, and apply the same, less Costs and <br />expenses pf operation and collectfon attorneys' feea, tn any indel�tednsss secured by this Deed of Trust, all in such order as <br />Lender may determine: The entering upan and taking possessfan of the Property, the enllectian of such rents, issues and <br />profits, and the applicatipn thereof shall nqt cura or waive any default or notice of default under this Deed of Trust or <br />invelidets any act done in response to such default or pursuan# #o such notice of default; and, notwithstanding the <br />continuance in possession of the Property or the collection, receipt and epplication of rsnts, issues or profits, Trustee or <br />Lender shsll he entitled to exercise every right provided Far in the Note or the Related Dacuments or 6y law upon the <br />occurrence of any event af default, including the right to exercise the power af sale; <br />(b) Commence an action to foreciose this Deed of Trust as a mortgage, appoint a receiver or specificelly enforce any of the <br />covenants hereof; snd <br />(c) �eliver to Trustee a written declaration nf default and demand for sale and a written notice of defeult end election tn <br />csuse 7rustor's interest in the Property to be sold, which notice Trustee shall cause to be duly fiied for racord in the <br />aqprnpria'ta offic9s of tfte C6pY�Yy in whiCh the P'rdperty 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 hy Power of Sale. If Lender slects ta fareclose by exercise of the Power of Sele herein contsined, Lender shall notify <br />Trustee and shall deposit with Trustee this Desd of 7rust and the Note and such receipts end evidence of expenditures made end <br />secured by this Deed of Trust as Trustee may require. <br />(a) Upon receipt of such notice frnm Lender, Trustee ahail cause to be recorded, published end delivered to Trustar such <br />Notice pf befsult and Notice of Sale as then required by law and 6y this Deed of Trust. Trustee shall, without demand on <br />7rustor, after such tims as may then be required by law and after recordation of such Notice ot �efault and after Notice of <br />Sale having 6een given ss required by lew, sell the Properry at the [ime and place of sale fixed by it in such Notice of Sale, <br />either es a whole, or in separate lots or parcels or items as Trustee shall deem expedient, and in such order as it may <br />determine, st public auction to the highest bidder for cash in lawful.money of the United States payable at the tirr�a of sele. <br />Trustee shall deliver ta such purchaser or purchasers thereof its good and aufficient deed ar deads conveying the properky sa <br />sald, 6ut without any covenant or warrenty, express or implied. The recitals in such deed of eny metters or facts shall be <br />conClusive 'proof of the truthfulnBSS theredf. Any person, including without limitatian Trustbr, Trustee, br Lender, may <br />purchese 8t su�h sale. ' <br />jb► As may 6e permitted by law, after deducting all casts, fees and expenses of Trustee an'd of this Trust, including costs of <br />evidence of title in connection with sale, Trustee shall apply the proceeds of sale ta payment of (i) all sums expended under <br />