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<br /> <br /> <br /> 201102194 <br /> DEED OF TRUST <br /> (Continued) Page 4 <br /> Default in Favor of Third Parties. Should Grantor default under any loan, extension of credit, security agreement, purchase or sales <br /> agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Grantor's property or Grantors <br /> ability to repay the Indebtedness or Grantors ability to perform Grantors obligations under this Deed of Trust or any of the Related <br /> Documents. <br /> False Statements. Any warranty, representation or statement made or furnished to Lender by Trustor or on Trustor's behalf under this Deed <br /> of Trust or the Related Documents is raise or misleading in any material respect, either now or at the time made or furnished or becomes <br /> false or misleading at any time thereafter. <br /> Defective Collaterallzation. This Deed of Trust or any of the Related Documents ceases to be in full force and effect (Including failure of any <br /> 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 Trustor, the insolvency of Trustor, the appointment of a receiver for any part of Trustors property, any <br /> assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or <br /> Insolvency laws by or against Trustor. <br /> Creditor or Forfeiture Proceedings. Commencement of foreclosure or foneture 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 Trustor's accounts, including deposit accounts, with Lender. However, this Event of <br /> 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 basis of the <br /> creditor or forfeiture proceeding and If Trustor gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender <br /> monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in Its sole discretion, as being an <br /> adequate reserve or bond for the dispute. <br /> Breach of Other Agreement. Any breach by Trustor under the terms or any other agreement between Trustor and Lender that is not <br /> remedied within any grace period provided therein, including without Imitation any agreement concerning any indebtedness or other <br /> obligation of Trustor 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 party <br /> of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes <br /> the validity of, or liability under, any Guaranty of the Indebtedness. <br /> Adverse Change. A material adverse change occurs in Trustors financial condition, or Lender believes the prospect of payment or <br /> performance of the Indebtedness is unpaired. <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 it Trustor has not been given a notice of a breach of the same <br /> provision of this Deed of Trust within the preceding twelve (12) mointiis, it may be cured If Trustor, after Lender sends written notice to <br /> Trustor demanding cure of such default: (1) cures the default within twenty (20) days; or (2) if the cure requires more than twenty (20) <br /> days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues <br /> and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably 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 may <br /> exercise any one or more of the following rights and remedies: <br /> Acceleration Upon Default; Additional Remedies. If any Event of Default occurs as per the forms of the Note secured hereby, Lender <br /> may declare all Indebtedness secured by this Deed of Trust to be due and payable and the same shall thereupon become due and <br /> 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 own name <br /> or in the name of Trustee, and do any acts which it deems necessary or desirable to preserve the value, marketability or rentability <br /> of the Property, or part of the Property or interest in the Property; Increase the income from the Property or protect the security of <br /> the Property; and, with or without taking possession of the Property, sue for or otherwise collect the rents, issues and profits of the <br /> Property, including those past due and unpaid, and apply the same, less costs and expenses of operation and collection attorneys, <br /> tees, to any indebtedness secured by this Deed of Trust, all in such order as Lender may determine. The entering upon and taking <br /> possession of the Property, the collection of such rents, issues and profits, and the application thereof shall not cure or waive any <br /> default or notice or default under this Deed of Trust or invalidate any act done in response to such default or pursuant to such <br /> notice of default; and, notwithstanding the continuance in possession of the Property or the collection, receipt and application of <br /> rents, issues or profits, Trustee or Lender shall be entitled to exercise every right provided for in the Note or the Related <br /> Documents or by law upon the 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 cause <br /> Trustor's Interest in the Property to be sold, which notice Trustee shall cause to be duty filed for record in the appropriate offices of <br /> 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 under <br /> the Nebraska Uniform Commercial Code. <br /> Foreclosure by Power of Sale. If Lender elects to foreclose by exercise of the Power of Sale herein contained, Lender shall notify <br /> Trustee 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 Deed 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 Notice <br /> of Default and Notice of Sale as then required by law and by this Deed of Trust. Trustee shall, without demand on Trustor, after <br /> such time as may then be required by law and after recordation of such Notice of Default and after Notice of Sale having been <br /> given as required by law, sell the Property at the fime and place of sale fixed by It in such Notice of Sale, either as a whole, or in <br /> separate hots or parcels or items as Trustee sharp deem expedient, and in such order as it may determine, at public auction to the <br /> highest bidder tar cash in lawful money of the United States payable at the time of sale. Trustee shell deliver to such purchaser or <br /> purchasers thereof Its good and sufficient deed or deeds conveying the property so sold, but without any covenant or warranty, <br /> express or implied. The recitals in such deed of any matters or facts shell be conclusive proof of the truthfulness thereof. Any <br /> person, including without limitation Trustor, Trustee, or Lender, may purchase at such sale. <br /> (b) As may be permitted by law, after deducting all costs, tees and expenses of Trustee and of this Trust, including costs of <br /> evidence of title in connection with sale, Trustee shall apply the proceeds of sale to payment of (i) ail sums expended under the <br /> terms of this Deed of Trust or under the terms of the Note not then repaid, including but not limited to accrued interest and late <br /> charges, (Ii) all other sums then secured hereby, and (lid) the remainder, If any, to the person or persons legally entitled thereto. <br /> (c) Trustee may in the manner provided by law postpone sale of all or any portion of the Property. <br /> Remedies Not Exclusive. Trustee and Lender, and each of them, shall be entitled to enforce payment and performance or any <br /> indebtedness or obligations secured by this Deed of Trust and to exercise all rights and powers under this Deed of Trust, under the Note. <br /> under any of the Related Documents, or under any other agreement or any laws now or hereafter in force; notwithstanding, some or all of <br /> such indebtedness and obligations secured by this Deed of Trust may now or hereafter be otherwise secured, whether by mortgage, deed of <br /> trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor Its enforcement, whether by court action or <br /> pursuant to the power of sale or other powers contained In this Deed of Trust, shall prejudice or in any manner affect Trustee's or Lender's <br /> right to realize upon or enforce any other security now or hereafter held by Trustee or Lender, it being agreed that Trustee and Lender, and <br /> each of them, shall be entitled to enforce this Deed of Trust and any other security now or hereafter held by Lender or Trustee in such order <br /> and manner as they or either of them may in their absolute discretion determine. No remedy conferred upon or reserved to Trustee or <br /> Lender, is intended to be exclusive of any other remedy in this Deed of Trust or by law provided or permitted, but each shall be cumulative <br /> and shall be in additlon to every other remedy given in this Deed of Trust or now or hereafter existing at law or in equity or by statute. Every <br />