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,, bEED OF TRUST � 01 � 0 4 9 5 3
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<br />effect (including failure of any collateral document to create a valid and perfected security interest or lienl at any
<br />time and for any reason. .
<br />Death or Insolvency. The dissolution of Trustor's (regardless of whether election to continue is madel, any
<br />member withdraws from the limited Uability company, or any other termination of Trustor's existence as a going
<br />business or the death of any member, the insolvency of Trustor, the appointment of a receiver for any part of
<br />Trustor's property, any assignment for the benefit of creditors, any type of creditor workout, or the
<br />commencement of any proceeding under any bankruptcy or insolvency laws by or against Trustor.
<br />Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judiciel
<br />proceeding, self-help, repossession or any other method, by any credltor of Trustor or by any governmental agency
<br />against any property securing the Indebtedness. This Includes a garnishment of any of Trustor's accounts,
<br />including deposit accounts, with Lender. However, this Event of Default shall not apply if there ls a good faith
<br />dispute by Trustor as to the validity or reasonableness of the claim which Is the basis of the creditor or forfeiture
<br />proceeding and if Trustor gives Lender written notice of the creditor or forfeiture proceeding artd deposits with
<br />Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its
<br />sole discration, as being an adequate reserve or bond for the dispute.
<br />Breach of Other Agreement. Any breach by Trustor under the terms of any other agreement between Trustor and
<br />Lender that is not remedied within any grace period provided therein, including without limitation eny agreament
<br />concerning any indebtedness or other obligation of Trustor to Lender, whether existing now or later.
<br />Events Affecting Guarantor. Any of the preceding events occurs with respect to any guerentor, endorser, surety,
<br />or eccommodation party of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party
<br />dies or becomes incompetent, or revokes or disputes the velidity of, or liability under, any Guaranry of the
<br />Indebtedness.
<br />Adverse Change. A material adverse change occurs in Trustor's finencial conditton, or Lender believes the
<br />prospect of payment or performence of the Indebtedness Is impaired.
<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 if Trustor has not been given a notice
<br />of a breach of the same provision of this Deed of Trust within the preceding twelve (12) months, it may be cured if
<br />Trustor, after Lender sends written notice to Trustor demanding cure of such default: (1) cures the default within
<br />twenty 120) days; or (2) if the cure requires more than twenty (20) days, immediately initiates steps whlch
<br />Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and
<br />completes all reasoneble end 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,
<br />Trustee or Lender may exercise any one or more of the following rights and remedies:
<br />Accaleration 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 end payable end
<br />the same shail thereupon become due and payable without any presentment,,demand, protest or notice of any
<br />kind. Thereafter, Lender may:
<br />(a) 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 edequacy of its security, errter upon end teke possession
<br />of the Property, or any part thereof, in its own name or in the name of Trustee, end do any acts 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 teking possession of the Property, sue for or otherwise coliect the
<br />rents, issues and proflts of the Property, including those past due and unpeid, and apply the same, less
<br />costs and expensas of operation and collection attorneys' fees, to any indebtedness secured by this Deed
<br />of Trust, all in auch ordar as Lender may determ(ne. The entering upon and teking possession of the
<br />Property, the col�ection of such rents, issues end profits, and the application thereof shall not cure or
<br />waive any default or notice of default under this Deed of Trust or invalidate any act done in response to
<br />such detault or pursuant to such notice of defeult; and, notwithstanding the continuance In possession of
<br />the Property or the collection, receipt and application of rents, issues or profits, Trustee or Lender shell
<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 thls Deed of Trust as a mortgage, appoint a receiver or speciflcally
<br />enforce any of the covenants hereof; and
<br />(c) Deliver to Trustee a written declaration of default end demand for sale and e written notice of default
<br />and election to cause Trustor's interest in the Property to be sold, whlch notice Trustee ahall cause to be
<br />duly filed for record ln 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 the Nebraska Uniform Commercial Code.
<br />Foreclosu�e by Power of Sale. If Lender elects to foreclose by exercise of the Power of Sale herein conteined,
<br />Lender shall notify Trustee and shall deposit with Trustee this Deed of Trust and the Note and such recelpts
<br />and evidence of expenditures made and 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
<br />to Trustor such Notice of Default and Notice of Sale as then required by law and by this Deed of Trust.
<br />Trustee shall, without demand on Trustor, after such tlme as may then be required by lew and after
<br />recordation of such Notice of Default and after Notice of Sale having been given es required by law, sell
<br />the Property at the time and place of sele fixed by it in such Notice of Sale, elther es a whole, or in
<br />separate lots or parcels or items as Trustee shall deem expedient, and fn such order as it may determine,
<br />at public auct(on 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 purchaser or purchasers thereof its good and sufficient deed or
<br />deeds conveying the property so sold, but without any covenent or warranty, express or implied. The
<br />recitals in such deed of any matters or facts shall 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, fees end expenses of TruStee and of this
<br />Trust, including costs of evidence of title In connection with sale, Trustee shall epply the proceeds of sale
<br />to payment of (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 (ifi) the remainder, if any, to the person or persons legally entitled thereto.
<br />(c) Trustee may in the menner provided by law poatpone sale of all or any portion of the Property.
<br />Remedles Not Exclusive. Trustee end Lender, end each of them, shall be entitled to enforce payment and
<br />performance of any indebtedness or obligations secured by this Deed of Trust and to exercise ell rights and powers
<br />under this Deed of T�ust, under the Note, under eny of the Related Documents, or under eny other agreement or
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