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' � D E Co 0 it�uedlST 2 014 0 8 8 3 5 <br />>'�.�,a�r�G4 �,� Page4 <br />_. <br />�' Otkerbefaults: �T'�u'stor'f�ils comply witH"o'r to perform ar�y other term; obligatio� cavenant or condition c6ntsined in this �Deed of <br />�• Y ween L „. rform an' terrrti� abli a#ion', c�vsnant nr cdi�ditfon contained in any <br />Trust or in an of'the Related Documents or td ctiMply'with or to pe y " g <br />other a r' 'eiicler'and'Trustbr.'" " <.' ' ' � , , . ,. . <br />g ee`ment bst , <br />. . .. . �� ,. ' . ,. : ' . �.I ".� .f. � ." : � . . �.: '. . i '. ry .. ��, . I .��'�•, �� , �. ,: . ��' "i �. I �,, .� . ... ,. <br />Complisnce Deteul#., Failure to comply with any. other,term, obligation, or eondition contamed.in this �7ead�nf Trust, the Mote <br />or in,any of the Related,bocuments. , „ �:, ,. , , . <br />Default on Other Payments. F�ilure"of Trustor within the time r�quired by this 'Deed''of''Trusf to m�ke any paymBnt for tsxes or <br />insurance, or sny other peymenC necessary to prevsnt filing of br to effect discharge of ahy lien. <br />Default in Favor of 7hird Psrties. 5hould Grantor default under any loan, extension of credit, security agreement, purchase or sales <br />agreament, or any ather agreement, in favor of eny nther creditor or person that msy materially affect eny of Grantor's property or <br />Grantor's ability to repay the Indebtedness or Grentor's ability to perfnrm Grentor's obligations under this beed of Trust or any of the <br />Ralated documents. • <br />False Statements. Any warrenty, repre5entation or statement mede or furnishad to Lender by Trustor or on Trus#or's 6ehalf under this <br />Deed of Trust or the Related Dncuments is false or misleading in eny meterisl respect, either now or at the tim� made or furnished or <br />becomes false or misleading at any time thereafter. <br />�efective Collateraliaetion. This Deed of Trust or any of the Related Documents ceases,to be in full force and ef.feGt (ine,luding failure <br />of any collateral document to create a valid and perFec#ed security interesY or lien) at any time and fvr any reasnn:" <br />Death or Msolvency. The death of 7rustor, the insolvency of Trustvr, the appointment of e receiver for any part of Trustor's prnperty, <br />any assignment for the benefit of creditors, any type nf creditor workout, or the cammencement nf any proceeding under any <br />6ankruptcy or insolvency laws by ar against Trustor. <br />Creditor or Forfeiture Procsedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, <br />repossession or any other method, by any creditor of 7rustor or by sny governmental agency against any property securing the <br />Indebtedness. This includes a garnishment of any of Trustor's accounts, including deposit accounts, 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 reasvna6leness of the claim which is the <br />basis of the creditor or forfeiture procesding and if Trus[or gives Lender writtsn notice of the creditor ar fprfeiture proceeding and <br />deposits with Lender monie's or a surety bond fvr the �reditor or forfeiture proceading; in sn amount determined by Lender, in its sole <br />discretion, as being an adequate reserve or bond for the dispute. <br />Breach of Other Agreement. Any l�reach,by, 1'rustor under terms pf any other agreement between Trustor. and Lender that is npt <br />remedied within any grsce perlod provided therein, including without limltation any agreement concerning eny indebtedness nr other <br />obligation of Trustor to Lender, whether existing now ar later. <br />, , � , , . �,. ,.. <br />Evants Affecting Guarantor. Any of the preceding events occurs with respect to eny Guerentor nf any of the Indehtedness or any <br />Gusr�ntar dies or becomes incompe'tent, nr revok�es'or disputes the'valid'ity bf, pr Ifa611ity under, �ny Guarenty of th9 Indebtedness. <br />Adversa Change. A material_ adverse changa occurs in Trustnr's financial condition, or Lendsr believes the prospect of payment nr <br />performance of the Indebtedness is impeired. <br />Insecurity. Lender in good faith 6elieves Itself insecure. <br />Rlght to Cure. If any dsfeult, other than a default in psyment is curable and if Trustor has not been given a notice af s breach of the <br />same provision of this Deed of Trust within the preceding twelva (12) months, it msy be cured iF 7rustnr, after Lendar sends written <br />notice to Trustvr demsnding cure of such default: (1) cures the default within twenty (20) days; or (21 if the cure requires more <br />than twenty (2�) days, immedietely initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure ths default <br />end thereafter continues and completes eIl reasonable ,and necessary steps sufficient to produce compliance as soon �s reasonably <br />practical. <br />RIGHTS AND R�MEDIES QN D�FAULT. If an Event of Default occurs under this Deed of Trust, at any time thereafter, Trustee or Lender <br />may exercise any one or more of the following rlghts and remedies: <br />Acceleratinn Upan Default; Additivnal Remedies. If any Event of �efault occurs ea per the terms of the Nate secured hereby, <br />Lendar may declare all Indebtedness secured by this �eed vf Trust to be due and payable and the sams shall thereupon become <br />due and payable without eny presencment, demand, protest or notice of any kind. ?hereafter, Lender may: <br />(a) Either in person or by agent, with or without pringing any ection nr proceeding, or by a receiver appointed by a court end <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 name or in the name of Trustee, and do any acts which it deems necessary or desirable tn preserve the value, <br />marketability or rentability of the Propsrty, or part of the Property or interest in the Property; increese the Inc'ome from the <br />Property or protect the security af thp Property; and; with or withaut taking.possession of the Prtlper4y; sus for or ntherwise <br />callect the rents, issues and prqfits of the Property, including thase'pasf due and unpaid, and �pply the same,, less costs and <br />expenses of oqeration and collectian`attornF:ys'.feas,'ta any inclebtedness.secu.�ed.6'y tFris' Deed of;'f'rust,'sll'in such, order as <br />'Lender rriay determine. THe entering upo'n and teking pos5'essivn of th'� 'Preperty, tHe''collectipn qf'. such r�nts, issues and <br />profits, and the application theredf . shall riot cure. 'or waive. eny 'default or noYic� .of' defe�llf und�'r' this Deed of Trust ar <br />invslidete any act dons in response , to such tlsfeult ,or pursuant to such notice''of. default; and, notwithstanding the <br />continuance in possssslon bf`the �roperty or the collection, receipt and application' of rents, issues or profits, Trustee or <br />Lender shall be entitled to exercise every right provided fvr in the Note ar 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 to foreclose this beed nf Trust as a mortgage, appvint a receiver or specifically enforce any of the <br />covenants hereoP;and <br />(c) Deliver ta 7rustee a writ'ten declaration of default and demand for sale end a written notice of default and election to <br />ceuse Trustor's interest in the Property ta be sold, which notice Trustee shall cause to be duly filed for record in the <br />appropriate offlces of the County in which the Property is located; and <br />(d) With r.espect to ell or any part of the Personal Property, Lender shall have all the rights end remedies of a secured party <br />under the Nebraske Unifbrm Commerciel Code. <br />Foreclosure by Power of Sale. If Lentler elects io fbreclase by exercise of the Power of Sale herein contained, Lender shsll notify <br />7rustee and shall deposit with Trustee this l7eed af Trust and the Note and such receipts and evidence of expenditures made and <br />secured by this Deed of Trust as 7rustee may require. <br />(s) Upon receipt of such nntice from Lender, Trustee shall cause to be racorded, published and delivered to 7rustar such <br />Notice of Default and Notice of Sale as then required by law and by #his Deed of Trwst. Trustee shall, withou# demand an <br />Trustor, after such time es may then be required by law and after recordatipn of such Notice of befault end after Notice of <br />Sele having been given as required 6y law, sell the Property et the tlme and place nf sale fixed by it in such Notice of Sale, <br />either as e whole, or in separate lots or parcels or items as 7rustee shall deem expedient, and in such order es it may <br />determine, at pubflc auction to tha highest bidder for cash in lawtul money of the United States peyeble at the time of sale. <br />Trustee shall deliver to such purchaser or purchasers thereaf Its good and sufficient deed or dseds conveying the property sa <br />sold, but without any covenent or wsrranty, express or implied. The recite,ls in such deed nf any rnatters or facts shall be <br />conclusive proof of the, truthfwlness thereof•. . Any, perspn; including without- limitation Trustor,, 7rustee, ar Lender, may <br />purchase at such sale <br />, , ; i � ,.�:, � .,. i �:i i vi, , I �.. , ,, i���: , ,: . a, - <br />(b) As may,be,permitted b,y,law ,a(ter de�ucting all �nd,expe��es,of Tcus�ee and�,of thi� T�ust,.incl,uding Gosts of <br />svidence. in connection with s�le,•,Trusiee,shall epply th�. proceeds:of sale to,payrr�ent (i) : all sumS.expended under <br />the terms of this Deed of 7rust or under,,the,terms,of the Note not,then rapaid; including,but not limited to.sccrued interest <br />and Iste charges, (ii) all other sums then secured hereby, and •(iil) the remainder, if any, to the person or persona legally <br />entitted thereto. � <br />(c) Trustee may in the manner provided by law postpone sele of all or any portion of the property. <br />