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Loan No: 810088 <br />���o o� TRUSr Q ry <br />IContinuedl 2 O� O O O� 1 I page 4 <br />the purpose of making, executing, delivering, filing, recording, end doing all other things as may be necessary or dasirable, in Lender's <br />sole opinion, to accomplish the matters referred to in the preceding paragraph. <br />FULL PERFORMANCE. If Trustor pays all the Indebtedness, including without limitation all future advances, when due, and otherwise <br />psrforms all the obligations imposed upon Trustor under this Deed of Trust, Lender shall execute and deliver to Trustee � request for full <br />reconveyance and shall execute and deliver to Trustor suitable statements of termination at any financing statement on file evidencing <br />Lender's security interest in the Rents and the Personal Property. Any reconveyance fee required by law shall be paid 6y Trustor, if <br />permitted 6y applicable taw. <br />EVENTS OF DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under this Deed of Trust: <br />Payment Default. Trustor fails to make any payment when due under the Indebtedness. <br />Other Defaults. Trustar fails to comply with or to perform any other term, obligation, covenant or condition contained in this Deed of <br />Trust or in any of #he Related Documents or to comply with or to perform any term, obligation, cavenant or condition contained in any <br />other agraement between Lender and Trustor. <br />Compliance Detault. Failure to comply with any ather term, obligation, covenant or candition contained in this beed of Trust, the Note <br />or in any of the Related bocuments. <br />Default on Other Payments. Failure af Trustor within the time required by this Deed of Trust to make any payment for taxes or <br />insurance, or any other payment necessary to prevant filing of or to effect discharge of any lien. <br />Default in Favor of Third Parties. Shvuld Grantor default under any Ioan, extension of credi#, security agreement, purchase or sales <br />agreement, or any pther agreement, in favor of any vther creditor or person that may materially affect any of Grantor's property or <br />Grantor's ability to repay the Indebtedness or Grantor's abilitq to perform Grantor's obligations under this Deed of Trust or any of the <br />Related bocumenis. <br />False Statements. Any warranty, representation or statement made or furnished ta Lender by Trustor or on Trustor's k�ehalf under this <br />Deed of Trust or the fialated Documents is false or misleading in any material respect, either now or at the time made ar furnished or <br />becomes false or misleading at any time thereafter. <br />Defective Collateralization. 7his Deed of Trust or any of the Related �ocuments ceases to be in full force and effect (including failure <br />of any collateral document to create a valid and perfected security interest or lien) at any time and for any reasan. <br />1]��th or Insolvency. The death of Trustor, the insolvency nf Trustor, the appnintment of a receiver for any part of Trustor's property, <br />any assignment for the benefit of creditors, any typa of creditor workout, or the cvmmencement of any proceeding under any <br />bankruptcy or insolvency laws by or against T�ustor. <br />C�editow or Forfeiture Proceedings. Cnmmencement of foreclosure or farfeiture 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. 7his includes a garnishment of any of Trustor's accounts, including deposit accaunts, with Lender. However, this <br />Event of Default shall not apply if there is a good faith dispute by Trustor as to the validity or reasonableness of the claim which is the <br />basis of the creditor or forfaiture proceeding and if Trustor gives Lender written notice af the creditor or forfeiture proceeding and <br />deposits with Lender moni�a or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole <br />discretion, as being an adequate reserve or 6ond for the dispute. <br />Breach of Other Agraement. Any breach by Trustor under the terms pf any other agreement between Trustor and Lsnder that is not <br />remedied within any grace period provided therein, including withaut limitation any agreement concerning any indebtedness or other <br />obligation of trustor to Lender, whether existing now or latar. <br />Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation <br />party of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or <br />revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. <br />Adverse Change. A materi�l adverse change occurs in Trustor's financial condition, or Lender believes the prospect of payment or <br />performance of the Indebtedness is impaired. <br />Insecurity. Lender in good faith believes itself insecure. <br />RIGHTS AND REMEDIES ON DEFAULT. If en Event of Default occurs under this peed of 7rust, at any time thereaftar, Trustee or Lender <br />may exercise any one or more of the follawing rights and remedies: <br />Acceleration Upon Default; Addi#ional Remedies. If any Event of Dafault occurs as per the terms of the Note secured hereby, <br />Lender may declare all Indebtedness secured by this peed of Trust to be due and payable and the same shall thereupan become <br />due end payabla without any presentment, demand, protest or notice of any kind. Thereafter, Lender may: <br />(a) Either in person or by agent, with or without 6ringing any action or proceeding, or by a receiver appointed 6y a court and <br />without regard to the adequacy of its security, enter upon and take possession of the Property, or any part thereof, in its <br />own nama nr in the name of 7rustee, and do any acts which it deems necessary or desirable ta preserve the value, <br />marketability or rentability of the Property, vr part of the Property or interest in the Property; increase the income from the <br />Property or protect the security of the Property; and, with or without taking pnssession af the Property, sue for or otherwise <br />cnllect the rents, issues and profits of the Property, including those past due and unpaid, end apply tha same, less costs and <br />expenses of nperation and cvllection attorneys' fees, to sny indebtedness secured by this Deed of Trust, all in such order as <br />Lender may determine. 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 of Trust or <br />invalidate any act done in response ta such default or pursuant to such notice of default; and, notwithstanding the <br />continuance in possession of the Praperty or the collection, receipt and application af rents, issues or profits, Trustee or <br />Lender shall be entitled to exercise every right provided for in the Note or the Related bocuments or by law upon the <br />vccurrence of any event of default, including the right to exercise the power of sale; <br />(b) Commence an action to foreclose this Deed of 7rust as a mortgage, appoint a receiver or specifically enforca any of the <br />covenants hereof; and <br />(c) Deliver to Trustee a written declaration of default and demand far sale and a written notice of default and election to <br />cause Trustor's interest in the Property to be sold, which notice Trustee shall cause to be duly filed for record in the <br />appropriate affices of the County in which the Property is located; end <br />(d) With respect to all or any part of the Personal Property, Lender shall hava all the rights and remedies of a secured party <br />under the Nebreska Uniform Commercial Code. <br />Fvreclosure by Power of Sala. If Lender elects to foreclase by exercise af the Power of Sale herein contained, Lender shall notify <br />Trustee and shall deposit with Trustee this Deed of 7rust and the Note and such receipts and evidence vf expenditures made and <br />secured by this Deed of Trust as Trustea may require. <br />(a) Upon receipt of such notice from Lender, Trustee shall cause to be recorded, published and delivered to Trustor such <br />Natice of Default and Notica of Sala as then required by law and by this Deed of Trust. Trustee shall, without demend on <br />Trustor, after such time as may then be required by law and after recordation of such Notice of Qefault and after Notice vf <br />Sale having been given as required by law, sell tha Property at the time and place of sale fixed by it in such Nvtice of Sale, <br />either as a whole, or in separate lots or parcels ar items as Trustee shall deem expedient, and in such order as it may <br />determine, at public auction to the highest bidder for cash in lawful money of the United States paya6le at the time of sale. <br />Trustee shall deliver to such purchaser or purchasers thereof its goad and sufficient deed or deeds conveying the property so <br />sold, but without any covenant or warranty, express or implied. The recitals in such deed of any matters or facts sh�ll be <br />conclusive proof of the truthfulness thereaf. Any person, including without limitation 7rustor, 7rustee, or Lender, may <br />purchase �t such sale. <br />(b) As may be permitted by law, after deducting all costs, fess and expenses of Trustee �nd of thiS Tru�t, including costs ot <br />, � i ' ai' ,� g t <br />