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Loan No: 808404 <br />°� �U��,��a S � 2 011 � 19 2 9 �a 4 <br />Break Other Promises. Trustor breaks any promise rnade to I_endnr vr fails to perform promptiy ak the time and strictly in the manner <br />provided in this Deed oF Trust or in any ayreement related to this Deed of� Trust. <br />Compliance Default. Failure to comply with any other term, obliyation, c;vvenarit or condition r,ontained in this Deec� of Trust, the Note <br />or in any of the Related Documents. <br />Default on Other Payments. Failure of Trustor within the time required by tfiis Deed vf "Trust to make any payment for taxes or <br />insurance, or any other payrnent necessary to prevent filing of or to effect discharye of any lien. <br />Default in Favor of Third Parties. Shoufd Grantor default under any loan, extension of credit, security agreemenf, purchase or sales <br />agreement, or any other agreement, in favor of any oilier cra�ditvr or person th�t may matarially affect any of Grantor's property or <br />Grantor's ability to repay the Indebtedness nr Grantor's ability to perionli Grantor'> obligations under this Deed of Trust or any of the <br />Related Dacuments. <br />False Statements. Any representation or staternent made or furn�shed ta Lender by Trustor or on Truscor's behalf under this Deed of <br />Trust or the Related Documents is false or misleading in any rnaterial re;pec[, either now or at the time made vr fumished. <br />Defective Collateralization. This Deed of Trust or any o( the Related Docunients ceases to be in full force and c�ffect (inrluding faihne <br />of any collateral document to create a valid and perEected security interest or lien) at any time and for any reason. <br />Death ar Insofvency. The death af TYustor, t:he insoivenr.y of Trustor, the appointmen[ vi a receiver for any parl of Trustor's property, <br />any assignment for the beneiit of creditors, any ty�e of creditor workout, or the c:ornrnencc�meni oF any F:�roceeding under any <br />bankruptcy or insolvency laws by or ayainst'irustor. <br />Taking of the Property. Any creditor or yovernmen[al agency tries to take any of ihe Property or any vther of Trustor's property in <br />which Lender has a lien. This includes taking of, garnishing of or levying on Trustor's accounts witfi Lender. tiowever, if Trustor <br />disputes in good faith whether the claim on whir,h the taking of the Property is based is vafid or reasonable, and it Trustar gives <br />Lender written notice of the claim and furnisP�es Lender witii monies vr a surety bond satisfactory to t_encler to sat+sfy tFie cfaim, ihen <br />this default provision will nof a�>ply. <br />Breach of Other Agreement. Any breach by Trustor under the terrns o( any other agreement be�hveen Trust�or and L_ender that is not <br />remedied within any grace period provided kherein, including without limitation any agreei7ient concerning any iridebtedness or other <br />obligation of Trustor Yo Ler�der, whether existing naw or fater. <br />Events Affecting Guarantor. /�ny of the preceding events occurs wi�tri respect to any guarant�or, endorser, surety, or accom�nodation <br />party of any of the Indebtedness or any guarantor, endorser, sure'ty, or accommodation party dies or becornes incorY�petent, or <br />revokes or disputes ihe validity of, or liabilily undFr, a�y Guaranty o( th� Iridebtedness. <br />Insecurity. Lencler in good faith beiieves ilself insecure. <br />Existing Mdebtedness. The payment of any instalirnent oi principal or any interest on the ExisYing Indebtedness is not rnacle wit.hin the <br />time required by the promissory note evidenciny such indebtedness, or a default occurs �mder the instrument ser,uriny such <br />indebtedness and is not cured during any applicable grace period in such instrument, or any suif or otiier action is coi7unenced to <br />foreclose any existin� IiQn on the Pro�erty. <br />Right to Cure. If any default, other than a defaG�lt in paymen�t is curable ari�i if Tru�Cor has not been given a notice of a breach oi ihe <br />same provision of this Deed of Trust within the preceding tweive (12) montiis, it may be cured if Trustnr, after Lencler sends written <br />notice to Trustor demandiny cure of such deFauit: �1) r,ures tt�e default within twen[y (20) c�ays, ar (2) if tlie cure requires more <br />than twenty (20) days, immediately initiates steps which Lender deerns in Lender's sole discretion to be suificient to cure Yhe de(auff <br />and thereaiter continues and completes ail reasorzable and nec;essary steps sufficient to prodiice complianc,e as soon as reasonak�ly <br />practical. <br />RIGHTS AND REMEDIES ON DEFALILT. If an Event of Default accurs under this Deed of Trust, at any time thereaiter, Trustee or Lender <br />may exercise any one or more oP the followiny rights and remedies: <br />Acceleration Upon Default; Additional Remedies. ff any Event oP Defa�dt ocaurs as per the terrns of the Note secured hereby, <br />Lender may declare all Indebtedness secured by this Deed of Trust to be due and rayable and the same stialf i:l�ereupon become <br />due and payable without any presentment, dernand, prote>t or notice o( any kind. Thereailer, Lender i7iay: <br />(a) Either in person or by agent, with or without hringinq any action or proceeding, c�r by a receiver �ppointed Uy a cow'Y ai�d <br />withouf reyard to the adec;uacy of its security, enter upon and taice passession of U�e Property, or any part there�f, in its <br />own name or in the name of - frustee, anc� do any arts which it cieerns necessary or desirable to preserve the value, <br />markeYability or rentability of the Properfy, or part of lhe Property or interest in iJ�e Property; increase the inr.ome from the <br />Property or protect the security ot the Property; and, with or witho��t i:aking poss�:ssion of th� Property, sue for or otherwise <br />coliect i.he rents, issues and profits o( khe Property, including ttiose past due and unpaid, and apply the sarne, less costs and <br />expenses of operation and collecti<>n attorneys` fe�s, to any ir7debtedness secured by ihis Deeci of TYust, a11 i+� such order as <br />Lender may deTerrnine. The entering upon end tal:ing F�o�;session of the Property, the collection of sur,h rents, issuFS and <br />profits, and the application ti�ereof shall not rure or waive any detault or notice of default urider this Ueed of Trust or <br />invalidaCe any act done in response to such de�Fault �r pursuant to suct� notice of default; and, notwithstanding the <br />continuance in possession of the Property or the coRectic�ri, receipt and applica[ion ot rents, issu�s or profifs, Trustee or <br />Lender shall be entitled to exercise every right providecl for in the Note or the Related Documents or by law upon the <br />occurrenr,e of any event of default, induding the right to exerr,ise the power of sale; <br />(b) Commence an acticm to foreclose ttiis 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 writfen notice of defa��lc and election tr <br />cause Trustor's interest in the Praperty to be sold, whir,h natice TYi.istee shall cause to be d�dy filed for record in the <br />appropriate offices of the County in whtich thn ProperCy is located; and <br />(d) With respect tv aii or any part of the Personal Property, Lender shall have all t:tie riyh[s and remedies of a ser,ured party <br />under the Nebraska Uniform Comi7iercial Code. <br />Foreclosure by Power of Sale. If Lender elects to forec(ose by exercise of the Power of Salf� herein contained, Lender shall notify <br />Trustee and shall deposit with Tnistee this Deed of Trust and the Note and surh receipts and evidence ot expenditures made and <br />secured by this Deed of Trust as Trustee may require. <br />(a) Upon receipt of such notice from Lender, Trustee shall cause to be recorded, published and cielivered to Trustor such <br />Notice of Default and Notice of Sale as then required by law and by this Deed oF Trust. frustee shall, without demand on <br />Trustor, after such time as may then be required by law and after recordation of s�ich Notice oF Default and after Notice of <br />Sale having been given as required by law, sell the Prvperry at the tirne and place of sale fixed by it in such Notice of Sale, <br />either as a whole, or iri separate lots or p�rcels or items as �i shall deem expedient, and in sur.,h order as it rnay <br />determine, at pubiic auction to the higliest bidder for cash in lawfui iY�oney of the United States payable at tlie time of sale. <br />Trustee shall deliver to such purchaser or �aurchasers th�:reof its good and sufficiPnt deed or deeds conveying the properTy so <br />sold, but without any covenant rx warranty, express or implied. The recitais in such deed of any rna[ters or facts shall be <br />conclusive proof of the truthfulness thereof. /�ny person, inclutling without limi[ation lYustor, Trustee, or I_ender, may <br />purchase at such sale. <br />(b► As may be permitted by law, after deducting all costs, iees and expenses of Trustee and of this Trust, inc(ucfing COSI.S Of <br />evidence of title in connection with sale, Trustee shail a�iply ihe proceeds of sale to payment of (i) all sums expended under <br />the terms oi this Deed vf Trust or under the ten7is oi the Note not tPien �epaid, incEuciinq but not limiied to accrued interest <br />and late r,harges, (ii) all other sums then secured hereby, and (iii) the remainder, if any, to the person or persons legally <br />entitled thereto. <br />(c) Trustee may in the manner provicled by law postpone sale of ali or any portion oT the Property. <br />