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, ' . �'� , 'i. i . .. ; S � ' .. <br />, DE�onOtnuedST �o:�io4s44 Page4 <br />insurance, or any other payment necessary to prevent filing of or to etfect discharge of any lien. <br />Default in Favor of Third Parties. Should Borrower or any Grantor default under any loan, extension of credit, security agreement, <br />purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materialiy affact any of <br />Borrower's or eny Grantor's property or Borrower's ability to repey the Indebtedness or Borrower's or Grantor's ability to perform their <br />respective obligations under this Deed of Trust or any of the Related Documents. <br />False Statements. Any warranty, representation or atatement made or furnished to Lender by Borrower or Trustor or on Borrower's or <br />Trustor's behalf under this Deed of Trust or the Related Documents 1s false ar misleading in any material respect, either now or at the <br />time made or furnishad or becomes false or misleading at eny time thereafter. <br />Defective Collateralization. This Deed of Trust or any of the Related Documents ceases to be in full force and effect (including failure <br />of any collateral document to create a valid and perfacted security interest or lien) at any time and for any reason. <br />Death or Insolvency. The dissolution of Trustor's (regardless of whether election to continue is madel, any member withdraws from <br />the limited liability company, or any other termination of Borrower's or Trustor's existence as a going business or the death of any <br />member, the insolvency of Borrower or Trustor, the appaintment of a receiver far any part of Borrower's or Trustor's property, any <br />assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy <br />or insolvency laws by or against Borrower or Trustor. <br />Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, <br />repossession or any other method, by any creditor of Borrower or Trustor or by any governmental agency against eny property <br />securing the Indebtedness. This includes a garnishment of any of eorrawer's or Trustor's accounts, including deposit accounts, with <br />Lender. However, this Event of Default shall not apply if there is a good faith dispute by Borrower or Trustor as to the validity or <br />reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower or Trustor gives Lender written <br />natice of the creditor ar forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture <br />proceeding, in an amount determined by Lender, in its sole discretion, as being en adequate reserve or bond for the dispute. <br />Breach of Other Agreement. Any breach by Borrower or Trustor under the terms of any other agreement between Borrower or <br />Trustor and Lander that is not ramedied within any graca period provided therein, including without limitation any agreement <br />concerning any indebtedness or other obligation of Borrawer or Trustor to Lender, whether existing now or later. <br />Events Affecting Guarantor. Any of the preceding events accurs with respect to any guarantor, endorser, surety, or accommodation <br />party of any of the Indebtedness or any guarantor, endorser, surety, or eccommodatian party dies ar becomes incompetent, or <br />revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. <br />Adverse Change. A material adverse change occurs in Borrower's or Trustor's financial condition, or Lender believes the prospect of <br />payment or performance of the Indebtedness is impaired. <br />Insecurity. Lender in good 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, Trustee or Lender <br />may exercisa 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 terms of the Note secured hereby, <br />Lender may declare all Indebtedness secured by this Deed of Trust to be due and payable and the same shall thareupon become <br />due and payable without any presentmant, 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 e 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, and do any acts which it deems necessary or desirable to preserva 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 the Property, including those past due and unpaid, and apply the same, less costs and <br />expanses of operation and collection attarneys' fees, to any indebtedness secured by this Deed of Trust, all in such order as <br />Lender may determine. The entering upon and taking possession of the Property, the collection of such rents, issues and <br />profits, and the application thereof shall not cure or waive any default or notice of default under this Deed of Trust or • <br />invalidate any act done in response to such default or pursuant to such notice of dafault; and, notwithstanding the <br />continuance in possession of the Property or the collection, 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 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 martgege, appoint a receiver or specifically enforce any of the <br />covenants hereof; and <br />(c) Delivar to Trustee a written declaration of default and demend for sale end a written notice of default and election to <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 affices 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 />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 <br />Notice of Default and Notice of Sale es then required by law and by this Deed of Trust. Trustee shall, without demand on <br />Trustor, after such time as may then be required by law and after recordation of such Notice of Default and after Notice ot <br />Sala having been given as required by law, sell the Property at the tima and place of sale fixed by it in such Notice of Sale, <br />either as a whole, or in separate lots or parcels or items as Trustee shall deem expedient, and in such order as it may <br />determine, at public auction to the highest bidder for cash in lawful money 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 warrenty, express or implied. The recitals in such deed of any matters or fects shall be <br />conclusive proof of the truthfulness thereof. Any person, including without limitation Trustor, Trustee, or Lender, may <br />purchase at such sale. <br />�b) As may be permitted by law, after deducting all costs, fees and expenses of Trustea 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) all sums expanded under <br />the terms of this Deed of Trust or under the terms of the Note not then repaid, including but not limited to accrued interest <br />and late charges, iiil all other sums then aecured hereby, and (iii) the remainder, if any, to the person or persons legally <br />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 of any <br />indebtedness or obligatians secured by this Deed of Trust end ta exercise all rights and powers under this Deed of Trust, under tha <br />Note, under any of the Related Documents, or under any other agreement or any laws now or hereafter in force; notwithstanding, <br />some or all of such indebtedness and obligations secured by this Deed of Trust mey now or hereafter be otherwise secured, whether <br />by mortgage, deed of trust, pledge, lien, assignment or otharwise. Neither the acceptanca of this Deed of Trust nor its enforcement, <br />whether by court action or pursuant to the power of sale or othar powers contained in this Deed of Trust, shall prejudice or in any <br />manner affect Trustee's or Lender's right to realize upon or enforce any other security now or hereafter held by Trustee or Lender, it <br />being agreed that Trustee and Lender, and each of them, shall be entitled to enforce this Deed of Trust end any other security now ar <br />hereafter held by Lender or Trustee in such order and manner as thay or either of them may in their absolute discretion determine. No <br />remedy conferred upon or reserved to Trustee or Lender, is intended ta be exclusive of any other remedy in this Deed of Trust or by <br />