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DEED OF TRUST 2 O 1 O 0 9 G 9 S <br />Loan No: 101237353 (Continued) Page 5 <br />Trust or in any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained in any <br />other agreement between Lender and Trustor. <br />Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained in this Deed of Trust, the Note <br />or in any vf the Relatad Dvcuments. <br />_.. _ . .... .. . . .... . .... . . . _..... . _ <br />Dafault on pther Payments. Failure of 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 prevent filing of or to effect discharge of any lien. <br />False Statements. Any warranty, representation or statement made nr furnished to Lender by Trustor or on Trustor's behalf under this <br />Deed of 7rust or the Related �ocuments is false or misleading in any material respect, either now or at the time made or furnished or <br />becomes false or misleading at any time thereafter. <br />Defective Collateralization. This Deed of Trust or any pf the Relaied Documents ceases to be in full force and effect (including failure <br />of any collateral document tp create a valid and perfected security interest or lien) at any time and for any reason. <br />Death or Insolvency. The death of Trustor, the insolvency of Trustor, the appointment of a receiver for any part of Trustor's praperty, <br />any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceading under any <br />bankruptcy or insolvency laws by or against Trustor. <br />Creditor ar Forfeiture Proceedings. Commencement of foreclosure or torfeiture proceedings, whether by judicial proceeding, self-help, <br />repossession or any other method, by any creditor of 7rustor or by any governmental agency against any property securing the <br />Indebtedness. This includes a garnishment of any nf Trustor's accounts, including deposit accounts, with Lender. However, this <br />�vent of Default shall not apply if there is a govd faith dispute by 7rustor as to the validity or reasana6leness of the claim which is the <br />basis of tha creditor ar forteiture proceeding and if Trustor gives Lender written notice of the creditor or forfeiture proceeding and <br />deposits with Lender mvnies or a surety 6ond for the creditor or forfeiture proceeding, in an 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 breach by Trustor under the terms of any other agreament between Trustor and Lender that is not <br />remedied within eny grace period provided therein, including without limitation any agreement concerning any inde6tedness or other <br />obligation of Trus#or to Lender, whether existing now or later. <br />Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation <br />party vf any of the Indabtedness 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 materiat adverse change occurs in 7rustor's financial condition, ar Lender believes the prospect of payment or <br />performance af the Indebtedness is impairad. <br />Insecurity. Lender in good faith believes itself insecure. <br />Right to Cure. If any default, other than a default in payment is curable and if Trustor has not been given a notice of a 6reach of the <br />same provision of this Deed of Trust within the preceding twelve (12) months, it may be cured if Trustor, after Lender sends written <br />notice to Trustor demanding cure of such default: (1) cures the default within fifteen (15) days; or (2) if the cure requires more than <br />fifteen (15) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and <br />thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably <br />practical, <br />RIGHTS AND REMEDIES ON DEFAULT. 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 rights and remedies: <br />Acceleration Upan Default; Additional Remedies. If any Event of Default accurs as per the terms of the Note secured hereby, <br />Lender may declare all Indebtedness secured by this Deed nf Trust to be due and payable and the same shall thereupon become <br />due and payable without any presentment, demand, 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 possession of the Property, or any part thereof, in its <br />own name or in the name of Trustee, snd do any acts which it deems necesssry pr desira6la to preserve the value, <br />marketa6ility or rentability of the Property, or part of the Property or interest in the Property; increase the income frnm the <br />Property or protect the security of the Property; and, with or without taking possession of the Property, sue fnr or otherwise <br />collect The rents, issues and profits of the Proper[y, including those past due and unpaid, and apply the same, less costs and <br />expenses of operation and collection attorneys' fees, to any indebtedness secured 6y this Deed of Trust, all in such order as <br />Lender may determine. The entering upan and taking possession of the Property, the collectipn of such rents, issues and <br />profits, and the application thereof shall not cure or waive any default or notice of default under this peed of Trust or <br />invalida#e any act done in response to such default or pursuan# to such notice of default; and, notwithstanding the <br />continuance in possession of the Property or the collection, receipt and epplication nt 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 />occurrence of any event of default, including the right to exercise the power of sale; <br />(b) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver or specifically enforce any of the <br />covenants hereof; and <br />(c) Deliver to Trustee a written declaration of default and demand for sale and a written notice of default and election to <br />cause 7rustor's interest in the Property to be sold, which notice Trustee shall cause to be duly filed for record in the <br />apprapriate 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 rights and remedies of a secured party <br />under the Nebraska Uniform Commercial Code. <br />Foreclasure by Power of Sale. If Lender elects to foreclose by exercise of the Power of 5ale herein contained, Lender shall notify <br />