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DEED OF TRUST 2 o i� o 0 4 0� <br />� (Continued) Page 4 <br />reconveyance and shall execute and deliver to Trustor suitable statements of termination of any financing statement on file evidencing <br />Lender's security interes[ in the Ren[s and the Personal Praperty. Any reconvayance fee required by law shall be paid by Trustor, if <br />permitted by applicable law. <br />EVENTS OF DEFAULT. Each of the tollowing, at Lender's option, shall constitute an Event of Default under this Deed af Trust: <br />Payment Default. Trustor fails to make any payment when due under khe Indebtedness. <br />Other Defaults. Trustor fails to camply with or to perform any other term, obligation, covenant or condition contained in this Deed of <br />Trust or in any of the Related Documents or to comply with or to perform any term, obligation, covenant or cbndition contained in any <br />other agreement between Lender and Trustor. <br />Compliance Default. Failure to camply with any pther term, obligation, covenant or condition contained in this Deed of 7rust, the Nate <br />or in any of the Related Documents. <br />Defauit 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 prevent filing of or to effect discharge of any lien. <br />Default in Favor of Third Parties. Should Grantor default under any loan, extensian af credit, security sgreement, purchase or sales <br />agreement, or any other agreement, in favpr of any other creditor or person that may materially affect eny of Grantor's property or <br />Grantor's ahilicy to repay che Indebtedness or Grantor's ability to perform Grantor's obligations under this Deed of Trust or any of the <br />�elat�d Documents. <br />Palse Statements. Any warranty, representation or statement made or furnished to Lender I�y Trustor nr on Trustor's behalf under this <br />Deed of Trust or the Related Documents 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 7rust or any of the Relsted Dpcuments 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 reason. <br />Death or Insolvency. The death of 7rustor, the insolvency of Trustor, [he appoin[ment of a receiver for any part of Trustor's property, <br />any assignment for the benefi# of creditors, any type of creditor workout, or the commencement of any proceeding under any <br />bankrupicy or insolvency laws 6y or against 7rustor. <br />Creditor or Forfeiture Proceedings. Commencemen[ of foreclasure or forfeiture proceedings, whether by judicial proceeding, self-help, <br />repossession or any other method, by any creditor of Trustor or by any governmental agency against any property securing the <br />Indebtedness. This includes a garnishment of any of 7rustor'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 reasonableness of the claim which is the <br />6asis of the creditor or forfeiture proceeding and if Trustor gives Lender written notice of the creditor or forfeiture proceeding and <br />deposits with Lender manias or a surety bond for the creditor or forfaiture proceeding, in an amount determined by Lender, in its sole <br />discretion, as being an adequate reserve or bond for the dispuke. <br />ereach of Other Agreement. Any breach by Trustor under the terms of any other agreement between Trustor and Lender that is nat <br />remedied within any grace period provided therein, including without limi[ation any agreemeni concerning any indebtedness or other <br />obligation of Trustor to Lender, whether existing now or later. <br />Events Affecting Guarantar. Any of the preceding events occurs wiih respect to any guarantor, endorser, surety, or accommodation <br />party of any of ihe Indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or <br />revokes or disputes the validity of, or liapility under, any Guaranty ot the Indebtedness. <br />Adverse Change. A material adverse change occurs in Trus[or's financial condition, or Lendar believes the prospect of payment or <br />performance of the Indebtedness is impaired. <br />_ _ _ ,. _ .. ,� <br />Insecurity. Lender in good faith believes itself insecure. <br />Right to Cure. If any default, other than a default in is curable and if Trustor has nat been given a notice of a breach of the <br />same provision of this Deed of Trust within the precading twelve 112) mpnths, it may be cured if Trustor, after Lender sends written <br />notice to Trustor demanding cure of such default: (1) cures the default within twenty (201 days; or (21 if the cure requires more <br />than twenty (Z0) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default <br />and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as saan ss reaspne6ly <br />practical. <br />RIGHTS AND REMEOIES ON DEFAULT. If an Event of Default occurs 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 Upan Default; Additional Remedies. If any Event of Default occurs as per the terms of the Note secured hereby, <br />Lender may declare all Indebtedness secured by this Deed of Trust to 6e due and payable and the same shall thereupon become <br />dus and payable without any presentment, demand or protest of any kind. Thereafter, Lender may: <br />(a) Either in person or by agent, with or without 6ringing any actinn or proceeding, or by a receiver appointed by a caurt and <br />without regard to the adequacy of its senurity, enter upon and take possessian of the Property, or any part therenf, in its <br />own name or in the name of 7rustee, and do any acts which it deems necessary or desirable to preserve the value, <br />marketability or rentability of the Property, or 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 possession of the Property, sue for or otherwise <br />collect the rents, issues and profits of [he Property, 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 upon and taking possession of the Proper[y, the collection of suah rents, issuas and <br />profits, and the applicatian thereof shall not cure or waive any default or natice of default under this Deed of Trust or <br />invalidate any act done in response to such default or pursuant to such notice of default; and, notwithstanding [he <br />continuance in possession of the Property or the collectian, receipt and application of rents, issues or profits, Trustee or <br />Lender shall be entitled to exercise every right provided for in the Note or the Related Documen[s or by law upon [he <br />occurrence of any event of default, including the right to exercise the power of sale; <br />(b) Commence an sctiqn to foreclose this �eed of Trust as a martgage, appoint a receiver or specif�cally entorce any of the <br />covenants hereaf; end <br />(c) Deliver to Trustee a written declaration of default and demand for sale and a written notice of default and eleciion ta <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 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 psrty <br />under the Nebraska Uniform Commercial Gode. <br />Foreclosure by Power of Sale. If Lender elects to foreclose by exercise of the Power of 5ale herein contained, Lender shall notify <br />Trusiee and shall deposit with Trustee this Deed of Trust and the Note and such receipts and evidence of expenditures made and <br />secured by this 17eed of Trust as Trustee may require. <br />(a) Upon receipt of such notice from Lender, Trustee shall cause to be recorded, published and delivered to Trustor such <br />Nptice of Default and Notice of 5ale as then required by law end by this Deed of Trust. Trustee shall, withput demand on <br />Trustor, after such time as may then 6e required by law and after recordation of such Notice of Default and after N6tice of <br />Sale having been given as required by law, sell the Property at the time and place of sale fixed by it in such Natice af Sale, <br />either as a whole, or in separate lots ar parcels or items as Trustee shall deem expedient, and in such order as it may <br />determine, at public auctipn to the highest bidder for cash in lawful mpney of the United States payable at the time of sale. <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 recitals in such deed of any matters or facts shall 6e. <br />conclusive proof of the iruthfulness thereof. Any person, including without limitstion Trustor, Trustee, or Lender, may <br />- �. <br />