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<br /> 201504360 ��
<br /> DEED OF l'RtJST ' �
<br /> (Continued) Page 5 �''
<br /> either now or at the time made or furnished or becomes false or misleading at any time thereafter.
<br /> �efective Collateralization. This Deed of Trust or any of the Related Documents ceases to be in full force and
<br /> effect (including faiture of any collateral document to create a valid and perfected security interest or lien) at any ,'i
<br /> time and for any reason.
<br /> Death or Insolvency. The dissolution of Trustor's (regardless of whether election to continue is made), any
<br /> member withdraws from the limited Iiability 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. �,y�
<br /> Creditor or Forfeiture Procsedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial
<br /> proceeding, self-help, repossession or any other method, by any creditor of Trustor or by any governmental agency
<br /> against any property seouring the Indebtedness. This includes a garnishrnent of any of Trustor's accounts,
<br /> including deposit accounts, with Lender. However, this Event of Default shall not apply if there is 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 and 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 discretion, as being an adequate reserve or bond for the dispute.
<br /> Breach of Other Agreement. Any breach by Trustor under the terms of any otner agreement between Trustor and
<br /> Lender that is not remedied within any grace period provided therein, including without limitation any agreement
<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 guarantor, endorser, surety,
<br /> or accommodation party of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party
<br /> dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the
<br /> �ndebtedness.
<br /> Adverse Change. A material adverse change occurs in Trustor's financiaf condition, or Lender believes the
<br /> prospect of payrnent or performance of the Indebtedness is impaired.
<br /> Insecurity. Lender in good faith believes itseif 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 /> thirty (30) days; or (2) if the cure raquires more than thirty (30! days, immediately initiates steps which Lender
<br /> deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all
<br /> reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. y
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<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 /> Acceleration 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: "
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<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 adequacy of its security, enter upon and take possession
<br /> of the Property, or any part thereof, in its own name or in the name of Trustee, and 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 taking possession of the Property, sue for or otherwise collect the '
<br /> rents, issues and profits of the Property, including those past due and unpaid, and apply the same, less �
<br /> costs and expenses of operation and collection attorneys' fees,to any indebtedness secured by this Deed
<br /> of Trust, alI in 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 thereofi 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 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 /> (b1 Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver or specifically �
<br /> e�force any of the covenants 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 Property to be sold, which notice Trustee shall cause to be . ��
<br /> duly filed for record in the appropriate offices of the County in which the Property is located; and
<br /> (dI With respect to aIl or any part of the Personal Property, Lender shall have aIl the rights and remedies
<br /> of a secured party under the Ne6raslca 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 Trust and the Note and such receipts
<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 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 fixed by it in such Notice of Sale, either as a whole, or in
<br /> separate �ots 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 de�ivee to such purchaser or purchasers thereof its good and sufficient deed or
<br /> deeds conveying the property so sold, but without any covenant or warranty, express or implied. The
<br /> recitals in such deed of any matters or facts shal� 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 and expenses of Trustee and of this
<br /> �:
<br /> Trust, including costs of evidence of title in connection with sale,Trustee shall apply 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 (iii)the remainder, if any,to the person or persons legally entitled thereto. i,i
<br /> (c) Trustee may in the manner provided by law postpone sale of all or any portion of the Property. ;;';
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