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C. Death or Incompetency. Grantor dies or is declared legally incompetent. ���. � 0 5+� �� <br />D. Failure to Perform. Grantor fails to perform any condition or to keep any promise or covenant of this <br />Security Instrument. <br />E. Other pocuments. A default occurs under the terms of any other document relating to the Secured <br />Debts. <br />F. Other Agreements. Grantor is in default on any other debt or agreement Grantor has with Lender. <br />G. Misrepresentation. Grantor makes any verbal or written statement or provides any financial information <br />that is untrue, inaccurate, or conceals a material fact at the time it is made or provided. <br />H. Judgment. Grantor fails to satisfy or appeal any judgment against Grantor. <br />I. Forfeiture. The Property is used in a manner or for a purpose that threatens confiscation by a legal <br />authority. <br />J. Name Change. Grantor changes Grantor's name or assumes an additional name without notifying Lender <br />before making such a change. <br />K. Property Transfer. Grantor transfers all or a substantial part of Grantor's money or property. This <br />condition of default, as it relates to the transfer of the Property, is subject to the restrictions contained in <br />the DUE ON SALE section. <br />L. Property Value. Lender determines in good faith that the value of the Property has declined or is <br />impaired. <br />M. Insecurity. Lender determines in good faith that a material adverse change has occurred in Grantor's <br />financial condition from the conditions set forth in Grantor's most recent financial statement before the date <br />of this Security Instrument or that the prospect for payment or performance of the Secured Debts is <br />impaired for any reason. <br />14. REMEDIES. On or after the occurrence of an Event of Default, Lender may use any and all remedies Lender <br />has under state or federal law or in any document relating to the Secured Debts, including, without limitation, <br />the power to sell the Property. Any amounts advanced on Grantor's behalf will be immediately due and may <br />be added to the balance owing under the Secured Debts. Lender may make a claim for any and all insurance <br />benefits or refunds that may be available on Grantor's default. <br />Subject to any right to cure, required time schedules or any other notice rights Grantor may have under federal <br />and state law, Lender may make all or any part of the amount owing by the terms of the Secured Debts <br />immediately due and foreclose this Security Instrument in a manner provided by law upon the occurrence of an <br />Event of Default or anytime thereafter. <br />If there is an occurrence of an Event of Default, Trustee will, in addition to any other permitted remedy, at the <br />request of Lender, advertise and sell the Property as a whole or in separate parcels at public auction to the <br />highest bidder for cash. Trustee will give notice of sale including the time, terms and place of sale and a <br />description of the Property to be sold as required by the applicable law in effect at the time of the proposed <br />sale. <br />To the extent not prohibited by law, Trustee will apply the proceeds of the Property's sale in the following <br />order: to all fees, charges, costs and expenses of exercising the power of sale and the sale; to Lender for all <br />advances made for repairs, taxes, insurance, liens, assessments and prior encumbrances and interest thereon; <br />to the Secured Debts' principal and interest; and paying any surplus as required by law. Lender or its designee <br />may purchase the Property. <br />Upon any sale of the Property, Trustee will make and deliver a special or limited warranty deed that conveys <br />the property sold to the purchaser or purchasers. Under this special or limited warranty deed, Trustee will <br />covenant that Trustee has not caused or allowed a lien or an encumbrance to burden the Property and that <br />Trustee will specially warrant and defend the Property's title of the purchaser or purchasers at the sale against <br />all lawful claims and demand of all persons claiming by, through or under Trustee. The recitals in any deed of <br />conveyance will be prima facie evidence of the facts set forth therein. <br />All remedies are distinct, cumulative and not exclusive, and Lender is entitled to all remedies provided at law or <br />equity, whether or not expressly set forth. The acceptance by Lender of any sum in payment or partial <br />payment on the Secured Debts after the balance is due or is accelerated or after foreclosure proceedings are <br />filed will not constitute a waiver of Lender's right to require full and complete cure of any existing default. By <br />not exercising any remedy, Lender does not waive Lender's right to later consider the event a default if it <br />continues or happens again. <br />15. COLLECTION EXPENSES AND ATTORNEYS' FEES. On or after the occurrence of an Event of Default, to <br />the extent permitted by law, Grantor agrees to pay all expenses of collection, enforcement or protection of <br />Lender's rights and remedies under this Security Instrument or any other document relating to the Secured <br />Debts. Grantor agrees to pay expenses for Lender to inspect and preserve the Property and for any recordation <br />costs of releasing the Property from this Security Instrument. Expenses include, but are not limited to, <br />attorneys' fees, court costs and other legal expenses. These expenses are due and payable immediately. If <br />not paid immediately, these expenses will bear interest from the date of payment until paid in full at the highest <br />interest rate in effect as provided for in the terms of the Secured Debts. In addition, to the extent permitted by <br />the United States Bankruptcy Code, Grantor agrees to pay the reasonable attorneys' fees incurred by Lender to <br />protect Lender's rights and interests in connection with any bankruptcy proceedings initiated by or against <br />Grantor. <br />16. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) Environmental <br />Law means, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act <br />(CERCLA, 42 U.S.C. 9601 et seq.), all other federal, state and local laws, regulations, ordinances, court orders, <br />CLAYTON D STRONG <br />Nebraska Deed Of Trust Initials <br />NE/4XXLBENES000000000006 2 1 06007 1 9 1 1 N Wolters Kluwer Financial Services °1996, 2011 Bankers SystemsT'^ Page 3 <br />I IIIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII �III IIIII IIIII IIIII QIII �III IIIII I�II �III IIIII �III I�II IIIII I�II �III IIIII QIII IIIII �III �II IIII <br />