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� � 201109745
<br /> DEED OF TFiUS�
<br /> Loan IVo: 810282 (Corotinued) Page�
<br /> thereafter.
<br /> Defective Collateralizatimn. This Deed of Trust or any of the Related Documents ceases to be in full force and
<br /> effect (induding failure of any collateral document to create a valid and perfected security interest or lien) at any
<br /> time and for any reason.
<br /> Death or Insolvency. �he dissolution of Trustor's (regardless of whether election.to continue is made),�any
<br /> member wiihdraws from the limited lia6ility company,or any other termination of Borrower's or Trustor's existence
<br /> as a going business�or the death of any member,the insolvency of Borrower or Trustor, the appointment of a
<br /> .receiver for any part of Borrower's or Trustor's property,any assignment for the 6enefit of creditors,any type of
<br /> creditor worlmut,or the commencement of any proceedir,g under any banlcruptcy or insolvency laws by or against
<br /> Borrower or Trustor.
<br /> Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings,whether by judicial
<br /> proceeding, self-help, repossession or any other method, by any creditor of Borrower or Trusmr or by any
<br /> governmentai agency against any property securing the Indebtedness. This includes a garnishment of any of
<br /> Borrower's or Trustor's accounts, including deposit accounts, with Lender. However,this Event of Default shall �
<br /> not apply if there is a good faith dispute by Borrower or Trustor as to the validity or reasonableness ofi the daim
<br /> which is Yhe basis of the creditor or forfeiture proceeding and if Borrower or Trustor gives Lender v�iriYten notice of
<br /> the creditor or forfeiture proceeding and deposits with Lender mo�ies or a surety bond for the creditor or forfeituYe
<br /> proceeding,in an amount determined by Lender,in its sole discretion,as being an adequate reserve or bond for the
<br /> dispute.
<br /> Breach of O4her Agreement. Any breach by Horrower or Trustor under the terms of any other agreement between
<br /> Borrower or Trustor and Lender that fs not remedied within any grace period provided therein, including without
<br /> limitation any agreeme�nt concerning any indebtedness or other o6ligation of Borrower or Trustor m Lender,
<br /> whether existing now or later.
<br /> Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the
<br /> Indebtedness or any Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability
<br /> under,any Guaranty of the Indebtedness. � -
<br /> Adverse Change. A material adverse.change occurs in Borrower's or Trustor's financial condition, or Lender
<br /> believes the prospect of payment or performance of the Inde6tedness is impaired.
<br /> Insecurity. Lender in good faith believes itself insecure.
<br /> RIGHTS AND REBVIEDIES ON DEFAULT. if an Event of Defauk occu�s under tliis Deed of Trust,at any time thereafter,
<br /> Trustee or Lender may exercise any one or more of the following rights and.remedies:
<br /> AcceleraUOn Upon Default;Additional Remedies. If any Event of Default occurs as per the terms of the Note
<br /> secured hereby,Lender may declare all Indebtedness secured by this Deed of Trust to be due and payable and
<br /> the same shall thereupon become due and payable without any presentment,demand,protest or notice of any�
<br /> kind. Thereafter,Lender may:
<br /> (a1 Either in person or by agent, with or without bringing any action or proceeding, or by a receiver
<br /> appointed by a court and without regard to the adequacy of its security,enter upon a�d take possession
<br /> � of the Property,or any part thereof,in its own name or in the name of Trustee,and do any acis which it
<br /> � deems necessary or desirable to preserve the value,marketability or rentability of the Property,or part of
<br /> 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
<br /> rents,issues and profits oP the Property, including those past due and unpaid,and apply the same,less
<br /> � . costs and expenses of operation and collection attomeys'fees,to any ind:e6tedness secured by this Deed�
<br /> of Trast, allin such order as Lender may determine. The entering upon and taking possession of the
<br /> Property, the collection of such rents, issues and profits, and the application thereof shall not cure or
<br /> waive any default or noiice of default under this Deed of Trust or invalidate any act done in response to�
<br /> such default or pursuant to such notice of default;and,notwithstanding the continuance in possession of
<br /> the Property or the collection, receipt and application of rents,issues or profits,Trustee or Lender shall �
<br /> 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 mortgage,appoint a receiver or specifically
<br /> enforce any of the covenanis hereof;and
<br /> {c) Deliver to Trustee a written declaration of default and demand for sale and a written notice of default
<br /> and election to cause Trustor's interest in the Praperty to be sold,which notice Trustee shall cause to be
<br /> � duly fifed for record in the 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 shall have all the rights and remedies
<br /> of a secured party under tfie Nebraska Uniform Commercial Code.
<br /> Foreclosure by Power of Sale. If Lender elects to foreclose by exercise of the Power of Sale herein contained,
<br /> Lender shall notify Trustee and shall deposit with Trustee this Deed of T�ust and the Note and such receipts '
<br /> and evidence of expenditures made and secured by tBis Deed of Trust as TruStee may iequire.
<br /> {a) Upon receipt of such notice from Lender,Trustee shall cause to be recorded,published and delivered
<br /> � to Trustor such Notice of Default and Notice of Sale as then eequired by law and by this Deed of Trust.
<br /> Trustee shall, without demand on Trusmr, after such time as may then be required by law and after
<br /> recordation of such Notice of Default and after Notice of Sale having been given as required by law,sell
<br /> the Property at the time and place of sale fixsd by it in such Notice of Sale, either as a whole, or in
<br /> separate lots or parcels or items as Trustee shall deem expedient,and in such order as it may determine,
<br /> at public auction to the highest bidder for cash in lawful money of the United States payable at the time
<br /> of sale. Trustee shall deliver to such purohaser or purchasers thereof its good and sufficient deed or
<br /> deeds conveying the properry so sold, but without any covenant or warranty,express or implied. The �
<br /> r2citals in such deed of any matters or facts shali be conclusive proof of the truthfulness thereof. Any
<br /> person,inciuding without limftation Trustor,Trustee,or Lender,may purchase at such sale.
<br /> (b) As may be permitted by law, after deducting all costs, �Pees and expenses of Trustee and of this
<br /> Trust,induding costs of evidenee of title in connection with sale,Trustee shall apply the proceeds of sale
<br /> to paymeM ot (i)all sums expended under the terms of this Deed of Trust or under the terms of the Note
<br /> not then repaid,including but not limited to accrued interest and late charges, (ii}all other sums then
<br /> secured hereby,and (iii)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 f�BOt Exclusive. Trustee and Lender, and each of them, shall. be entitied to enforce paymeM and
<br /> performance of any indebtedness or obligations secured By this Deed of Trust and to exercise all rights and powers
<br /> under this Deed of Trust.,under the Note, under any of the Related Documents,or under any other agreement or
<br /> ar.y laws now or hereafier in force;notwithstanding,some or all of such indebtedness and obligations secured by -
<br /> this Deed of Trust may now or hereafter be otherwise secured,whether by mortgage,deed of trust,pledge,lien,
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