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DEED OF TRUST <br />Loan No: 11085 (Continued) 2 0110 2 7 2� Page 4 <br />FULL PERFORMANCE. If Trusior pays all tha indebtedn�ss wh�n due, �nd otherwise performs all the obligations impos�d upon 7rustor <br />under this Deed of truat, Lender ahail execwte and deliver to Tru�te� a request for full reconvey�nce end sh�il �xecute and deliver to <br />Trustor suitable statements of terminetion of any financing statement on file evidencing Lender's security interest in the Rents ehd the <br />Personal Property. Any reconveyance fee r�quired by faw shall be p�id by Trustor, if permitted by epplicable law. <br />EVENTS OF dEFAULT. At Lender's option, Trustor will be in default under this Deed of Trust if any of the foilowing happen: <br />Payment Default. Trustor fails to make any payment when due under the Indebtedness. <br />6reak Other Promises. "frustor breaks any promise made to Lender or fails to perform promptly at the time and strictiy in the manner <br />provided in this Deed of 7ruat or in �ny agreement related to this Deed of Trust. <br />Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained in this Deed of 7rust, the fdote <br />or in any of the Releted Documents, <br />Defauft on Other Paym�nts. Failure af Trustor within the time required by this Deed af 7rust to m�ke any payment for taxe� or <br />in�ur�nce, or eny oth�r payment neceaeary to prevent filing of or to affect discharge of any lien. <br />False �t�tement�. Any r�presentation or stet�ment mede or furnished io Lender by 7rustor or on '�rustor"s behalf under this Deed of <br />?'PU�t or th� Rela�ed Documante is f�lse of misleedinp in eny materiai respect, either now or at th� time made or turnished. <br />Defective Collateralizatian. Thi� Deed of 7rust or any of the Related Documents ceases to be in full f�rce end eff�ct Uncluding failure <br />of eny collet�ral document to create a velid and perfected security interest or lien) at any time �nd for any reeson. <br />beath or In�olvency. The d�eth bf Trustor, th� insalvency of Trustor, the eppaintment of a receiv�ar for eny pert of �`ruetor'� property, <br />any assignment for the benefit of creditors, any type of creditor workout, or the commencement a� any proceeding under any <br />benkruptcy or in�olvency laws by or against Trustor. <br />Teking of the F'roperty. Any creditor or gov�mmental agency tries to take any of th� Property or any other of Trustor's property in <br />which l�ender hes e lien. 1'hi& include� t�king of, g�rniehin� of Ar levying an Truetor`s accounts with Lender. Hnwever, if Tru�tor <br />disputes in good faith whethsr the clsim on which Che teking af the Property is based ia v�lid or re��onabl�, end ff Trustor gives <br />Lender written notice of the claim and furnishes Lender with monies or a surety bond satisfactory to Lender to satisfy the claim, then <br />this default provision will not appiy. <br />Breach of Other Agreement. Any breach by Trustor und�r the terms of eny other agreement between Trustor and Lender that i� not <br />remedied within any grace period provided therein, including without limitation 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 pr�a�ding eventa �ccura with respect to eny guerantor, endorser, surety, c�r accommodation <br />party of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes in�ompetent, or <br />revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. <br />Insecurity. Lend�r in �ood faith believes itself insecure. <br />RIGHTS AND REMEDIES ON DEFAULT. if an Event of Default occurs under this Deed of Trust, at any time thereafter, rrustee or Lender <br />may exercise any one or more of the following rights and remediss; <br />Ac�eleration Upon Defeult; AdditiQnt�l Remedlee. If any �v�nt pf Defeult occurs es per the terms of the Nnte s�cured hereby, <br />Lender may declare all Indebtedness secured by this Deed of Trust to be due and payabl� and the seme shafl thereupon become <br />due and payabie without any presentment, demand, protest or natice of any kind. Thereafter, Lender may; <br />(a) Eith�r in person or by sgent, with or without bringing eny ��tion or proa�eding, or by a receiv�r appointed by � court and <br />wlthout regard to xhe ed�quaCy of its seCUrity, ent�r upon and t�ke possecsion of the Property, or any p�rt thereof, in its <br />own neme or in the neme of Trustee, end do any ects which it dec�ms necessery or desirable to pres�rve the value, <br />merketebilfty or rent�bility �f the Property, or part of the Property or interest in th� Praperty; increase the income frorn the <br />Property or protect the �ecurity of the Prop�rty; �nd, with or without taking posse�sion of the Prap�rty, sue for or otherwise <br />collect the renta, lasuee snd profits of the Proparty, inelwdinp tho�e pa�t due and unpaid, �nd apply the same, less costs and <br />expenses of aper�tion and collection attorneys' f�es, to any indebt�dness secured by thi� Deed of 1`ru�t, �II in such order as <br />Lender mey determine. The �nt�ring upon end taking possaesion of the Property, the collecti�n of auah rente, issue� end <br />profits, and the epplicetion thereof shell not oure or waiv� �ny default or notic� of defswlt under thi� Deed of 7rust or <br />invelidat� sny �ot done ir� respon�e to such default or pursu�nt to such natice of default; and, notwithatanding the <br />aontinuance in possession of the �roperty or the collection, receipt snd application of r�nte, iseuem or profits, Tru�tee or <br />Lencier 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 svent of d�f��it, including th� right to exercise the power a# sele; <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 ofi default and demand for sele and a written notice of default and election to <br />cause Trustor's interest in the Property to be soid, which notice Trustee shail 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 shail have all the rights and remedies of a secured party <br />under the Nebraska Uniform Commerciai Code. <br />Foreclosur� by Power of Sale. if Lender e�ects ta 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 rea�ipt of such notiae from Lend�r, Trust�e shall ceuse ta be recorded, pubfished and d�livered to Tru�tor such <br />Notice of Deiauft end Notice of �ele a� then required by lew end by this Deed of 7ruet, Trustee shell, without demand an <br />7rustor, after au�h time as may th�n be required by I�w �nd after recordation of such Noti�e of Defeult and after Notice of <br />�ale having b��n given es required by law, s�ll the Property at the time �nd place af a�le fixed by it in such Notice of Sale, <br />either as e whole, or in seper�t� lots or percela or items a� Truste� shall d�em expedisnt, and in such ord�r as it may <br />determin�, �t public euction to the highest bidder for caeh in lawful mon�y of the llnited Stetes payable at the time of sale. <br />Tr��cee mhell claliv�r to sach purchaser or purch�e�r� th�r��f ita qood end euffiei�nt d�ed or de�da c�nveyinq the prop+�rty so <br />sold, but wlthout any cowen�nt c�r w�rranty, expraee or fmpli�d. "fh� recitels in suah ds�d csf �ny matters or fncta shnll be <br />conclusive proof of the truthtulness thereot. Any person, inciuding without limitation Trustor, 7rustee, or Lender, may <br />purch��� st such sale� <br />(b) As mey be p�rmitted by law, sfter deduating all cott�, fees �nd e�xp�naes of Tr�stee and of this 7ru�t, incl�ding �oet� of <br />evidense �f title in c�nneoti�n with eel�, Truetae ahali �pply the pro�e�de of sele to payment of (1) afl a�ams @xpended wndar <br />the terms raf thl� ��ed of Truet �r wnd�r th� t�rm� eafi tlte Ndte not th�n repaid, inaludin� b�et nat li�nited to acaru�d ir�tew�ut <br />and I�te chatg��, (ii) all oth�r sums then secured Nereby, and liii) the remainder, if any, to the per�on or persons legally <br />�ntitied thereto, <br />1c) Trustee may in ti�e manner provided by law postpone sale of ail or any portion of the Property. <br />Remedias Not Exclusivm. Trust�e and Lender, and each of them, shell be entitled ta enforce payment and performance of any <br />indebtedness or obfigations s�cured by this Deed of tru�t a�d to exercise sll �ight� and powers under this Deed �f 'frust, under the <br />Note, under any of the Related Documents, or und�r any other agreement or �ny laws now or hereafter in forc�; notwithst�nding, <br />some or ail of such indebteriness and obligations secured by thfa CJeed of 7rust may naw or hereafter be otherwise secured, whether <br />by mortgage, tl�ed of trust, pledg�, fien, essignment or otherwise, Neither the acceptanc� of this Demd of trust nor its enforcement, <br />wh�thar by cQUrt �ction ar pursuant to the powgr of �ele �r other powera contained in thia aeed of 7rust, ehail prejudice or in eny <br />manner �ffect 7r��t�a's �sr LendePs right t� r�aliae upon or enforce any oth�r s�curity now or hereaft�r �eid by Truatee or Lend�r, It <br />being agreed that Trustee and Lender, and each of them, shall be entitled to enforce this Deed of Trust and any other security now or <br />