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, �, , - , , . <br />x <br />D�ED OF TRUST 2 p 10 0 8 3 S Q <br />(Continued) �age 4 <br />the purposs of making, executing, delivering, filing, racording, and doing all other things es may be necesaery pr desirable, in Lender's <br />sole opinion, tn eccnmplish the matters referred to in the preceding paragraph. <br />FULL PERFbRMANCE. If Borrower and Trustor pay all the Indebtedness when due, and Trustor otherwise performs all the obligetions <br />imposed upon Trustor under this Deed of Trust, Lender shall execute end deliver ta Trustee a request for full reconveyance and shall <br />exacute snd deliver to Trustor suitable statemsnts af termination of any financing statement on file evidencing Lender's security interest in <br />the Rents and the Personal Property, Any reconveyance fee required by law shall be paid by Trustor, if permitted by applicable law. <br />EVENTS OF DEFAUI.7. �ach of the following, at Lender's option, shall constitute an Event of Default under this Deed of Trust: <br />I'ayment Defauit. Borrowsr fsils to make any payment when due under the Indebtedness. <br />Other Defaults. Bprrower or Trustor fails to comply with or to perform any ather term, obligation, covenant or condi#ipn conteined in <br />this Deed of Trust or in any of the Reletad Documan#a or ta comply with or to perform any term, obligation, covenant or condition <br />conteined in any other agreement between Lender and 8orrower pr Trustor. , <br />Compliance Default. Failure to comply with sny othar term, obligation, covenant or condition contained in this beed of Trust, the Note <br />or in eny of the Related Documents. f <br />Default on Other Payments. Failure of Trustor within the time required by this Deed of Trust to make sny peyment for taxes or <br />insurence, or any other payment necessary to prevent filing of or to effect discharge of any lien. <br />Default in Favor of Third Parties. Should Borrower or any Grentor defsult under any loan, extensinn of credit, security sgraement, <br />purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of <br />Borrower's or any Grantor's property or Borrower's ability to repay the Indebtedness or Borrower's or Grantor's ability to perform their <br />respective obligations under this Deed af Trust or any of the Related pocuments. <br />Falae Statements. Any warranty, representation or st&tement made Or furnished to �ender by 9orrOwer or Trustvr or on Borrow9r's Or <br />Trustor's behalf under this Deed of Trust or the Related Documents is false or misleading in any material respect, either nnw or at the <br />time made or fumished or becomes false or misleading at any time thereafter. <br />Defeativa Cpll�tar�liz�tion. This Deed of Trust or any a.f the Related Documents ceases to be in full fprce end 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 dissolution or termination of Borrower's or Trustor's existence as a going business, the insolvency of <br />Borrower or 7rustor, the appointment of a receiver for any part af 8orrower's or 7ruator's prOperty, eny assignment for ths benefit of <br />creditors, any type of creditor workout, or the commencement nf any proceeding under any bankruptcy or insolvency laws 6y or <br />against Borrower nr Trustor. <br />CreditOr t�r Forfeiture Proceedings. Commerlcement of foreclosure Or fOrfeiture proCeedings, wh9ther by judiCial proceeding, gelf-help, <br />repossession or any other method, by sny creditor nf Borrower nr Trustor nr by any governmental agency against any property <br />securing the Indebtedness. This includes a garnishment of any of Borrower's or Trustor's accounts, including deposit accounts, with <br />Lender. However, this Event of �efault shall not apply if there is a good faith dispute by 6orrower or Trustor as to the validity or <br />reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if 6orrnwer or Trustor gives Lender written <br />notice of the craditor or forfeiture proceading and daposits with Lender monies or a surety bond for the creditor or forfeiture <br />proceeding, in an amnunt determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. <br />Breach of Othar Agreemen#. Any 6reech by Borrower or Trustor under the terms of any other agreement between Borrower' or <br />Trustor and Lender that is not remedied within any grace period provided therein, including without limitation any agreement <br />concerning any indebtedness or other obligation of Borrower or Trustor to Lender, whether existing nnw or later. <br />Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedness or any <br />Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, sny Guarsnty of the Indebtednass. <br />Adverse Change. A material adverse change occurs in Borrower's or Trustor's financial condition, or Lender believes the prospect nf <br />payment or performance of the Indebtedness is impaired. <br />Insecurity. Lender in good faith believes itself insecure, <br />Existing Indebtedness. The payment af any installment of principal or any interest on the Existing Indebtedness is npt made within the <br />time required by the promissory note evidencing such indabtednass, or s defeult nccurs under #he instrument securing such <br />indebtadness and is not cured during eny spplicebls grace period in such instrument, or any suit or other action is commenced to <br />fprsclpse eny existing lien an the Prpperty. <br />RIGN7S AMD REMEDI�S ON DEFAUL7. If an Event of Default pccurs under this Deed of Trust, at any time thereafter, 7rustee or Lender <br />may exercise any one or more of the following rights and remedies: <br />Acceleration Upon Default; Additional Remedies. If any Event of Default occurs as per the terms of the Note secured hereby, <br />Lender mey declare all Indebtedness secured by this Deed of Trust to be due and payable and the same shall thereupon becama <br />due and payable without any presentment, demand, protest or notice of any kind. 7hereafter, Lender may: <br />�a) Eithsr in person or by agent, with nr 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 possession of the Property, or eny part thareof, in its <br />own name or in the name of 7rustee, and do any acts which it deems necessary nr desirable tn preserve the value, <br />marketability or rentability of #ha Property, nr part of the Propsrty or interest in the Property; increase the income from the <br />Prnperty or prptect the security of the Property; and, with or without taking possession of the F'roperty, 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 operetion and collectlon attarneys' feas, to any indebtedness secured by this Deed of Trust, all in such order as <br />Lender mey determins. The entering upon and taking possession of the Property, the collection of such rents, issues and <br />profits, and the application thereof shall not cure or waive any default or notice of default under this Deed pf Trust or <br />invalidate any act done in response to such default or pursuant to such notice of defeul#; and, notwithstanding the <br />- continuance in possession of the Property ar the pollection, receipt and applfcation of rents, issues or profits, 7rustee or <br />Lender shall be entitled to exercise every right prpvided for in tha Nqte or the Related Documents or by law upon the <br />occurrence of any event of default, including the right to exercise the power of sale; <br />(b) Commence an action ta foreclose this Deed of Trust as a mortgage, appoint a receiver or specificelly enforne any nf the <br />covenants hereof; and <br />(c) Deliver to Trustee a written declaration of default and demend fnr ssle end a written notice of default and election to <br />ceuse Trustor's intereat in the Property 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 or any part of the Personal Property, Lender shall have all the righta and ramedies of e secured party <br />under the Nebraska Uniform Commercial Code. <br />Fareclosure by Power of Sale. If Lender elects to foreclose by exercise of the Power of Sele herein cantained, Lender shall notify <br />Trustee and shall deposit with Trustee this Deed of Trust and the Note and such receipts end evidence of expenditures made and <br />secured by this Deed of Trust as 7rustee may raquira. <br />(a) Upon receipt of such notice from Lender, Trustee shall causa to be recorded, published and delivered to Trustor such <br />Notice of Default snd Notice af $ale as then required 6y law and 6y this beed af 7rust. Trustee shall, without demand an <br />Trustor, after such time as may then 6e 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 Property at the time snd plece nf sele fixad hy it in such Notice of Sale, <br />either as a whole, or in separate lots nr parcels or itama as Trustee shall deem expedient, and in such order as it may <br />determine, at public auctian to the highest bidder for cash in lawful money ot the United States payable at the time of sela. <br />Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient deed or deeds conveying the property so <br />sold, but without any covenant or warranty, express or implied. 7he reci#als in such deed of eny matters or facts shall be <br />