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2� 15�8595 �EEn oF -rRusT ��ontinued� Page 3 mernber withdraws from the limited liab�lity company,or any other terminatiQn af Borrower's�r Trustar's existence as a going husiness or the death af any member, the insal�ency ❑f Borrower ❑r Trustor, the appointment of a recei�er for any part of Borrawer's or Trustvr's prape�ty, any assignment for the benefit of creditars. any type vf credi�or worknut, or the cammencement af any proceeding under any bankruptcy or�insol�en�y laws by or against Borrower or Trustar. E�ents Affecting Guarantar. Any o� the preceding e�ents vc�urs with respect ta any Guarantor of any of the Indebtedness or any Guarantor dies vr becomes incvmpetent, or re�okes or disputes the �alidity af, or liability under, any Guaranty of the �ndebtedness. Ad�erss �hange. A material ad�erse change oc�urs in Borrower's or Trustvr's financial condition, or Lender be�ie�es the prospect of payment ar perfarmance of the lndebtedness is impaired. �nsecurity. Lender in gvad faith belie�es itself insecure. RIGHTS AND REMEDIES ON DEFAULT. Upan the oc�urrence of any E�ent ❑f Default under any indebtedness, or should Barrower ar Trustor faif to cvmply with any ❑f Borrower's vr Trustor's vbligations under this Deed of Trust, Trustee❑r Lender may exercise any one o�more ofi the fv�iowing rights and remedies: Accelerat�vn Upvn Default: Additional Remedies. If any E�ent of Default❑ccurs as per the terms vf the Note secured hereby, Lender may declare al! lndebtedness secured by this Deed af Trust to be due and payable and the same shall thereupan became due and payable without any presentrnent, demand, pratest or notice of any kind. Thereafter, Lender may; �a� Either in persan or by agent, with ❑r w�thaut bringing any action ar proceeding, ❑r hy a recei�er appointed hy a court and without regard to th� adequacy of its security, enter upon and take possession of the Praperty, or any part thereof, in its own name vr in the name ❑f Trustee, and do any acts which it deems necessary or desirable to preser�e the�alue. rnarketability o� rentability❑f the Prvperty, vr part af the Prvper#y vr in�erest in the Rroperty; increase the income fram the Property or protect the security�f the Property; and, with or withaut taking pvssession of the Prvperty, sue far or atherwise �ollsct the rents, issu�s and profits af the Property, including thase past due and unpaid, and apply the same, less costs and expenses of aperativn and�ollectian attorneys' fees, to any indebtedness s�cured by this Deed of Trust, all in such arder as Lender may determine. The entering upvn and taking pvssessian ❑f the Prvperty, the collection ❑f such rents, issues and profits, and the applicatian thereof shall not cure ar wai�e any defauit or notice o# default under this Deed of Trust❑r in�aiidate any act dane in r�spvnse ta such default or pursuant to such notice v#default; and, natwithstanding the continuance in possessian af the Property �r the caliectivn, r�ceipt and applicatinn af ren�s. issues or profits, Trustee or Lender shall �e entitled to exercise e�ery r�ght pro�id�d far in the Note or the Related �ocuments or by law upvn the occurrence of any e�ent vf defau�t, including the right to exerc�se the pvwer of sale; �by Commence an activn to�ore�lose this Deed of Trust as a mortgage, appoint a recei�er or specifically enforce any of the co�enants hereof; and �c� Deli�er to Trustee a written declaration vf d�fauft and demand for sale and a written nvtice af default and elect�on t� cause Trust�r's interest in the Property t❑ be sold, whi�h nati�e Trustee sha�� cause to he duly�iled fvr record in the appropriate affices of the County in whi�h the Praperty is located; and �df With respect t� all or any part of the Personal Property, Lender shall ha�e a!I the rights and remedies ❑#a se�ured party under the Nebraska�nifvrm�ommer�ial Cod�. Fare�losure by Power af Sale. lf Lender elects t❑foreclose by exercise of the Power vf 5ale herein contained, Lende�shali notify Trustee and shaLl deposit with Trustee this Deed o#Trust and the Note and such re�eipts and e�idence vf expenditures made and secured by this Deed af Trust as Trustee may require. �a) Upan receipt af such n�tice from Lender, Trustee sha11 cause tn be recorded, puk�lished and deli�ered to Trustor such Notice of Default and Not�ce ❑f SaE� as then r�quired by law and by this �eed ❑f Trust. Trustee shall, without demand on Trustar, after such #ime as may then be required by law and after recordation of such Notice of Default and after fVatice ❑f Sale ha�ing heen gi�en as required by �aw, sell the Praperty at the time and pEace vf sale fixed by it in such Natice of Sale, either as a whole, or in separate Iots vr pa�cels ar items as Trustee shall deem expedient, and in such vrder as i# may determine, at public auctivn to the highest bidder #or cash in lawful maney of the United States payable at the time of sale. Trustee shall del��er to su�h purchaser or pu�chasers ther�of �ts good and sufficient deed or deeds conveying the property s❑ sald, but without any co�enant or warranty, express vr implied. The recitals in such deed o# any matters or facts shal� be conclusi�e praof ❑f th� truthfulness thereof. Any persan, including without limitativn Trustor.Trustee,or Lender, may purchase at such sale. �bf As may he permitted by 1aw, after deducting all costs, fees and expenses ❑f Trustee and af this Trust, inc�uding cvsts af e�idence❑f title in connecti�n with sa1e,Trust�e shall apply the proceeds vf safe to payment of t+� a11 sums expended under the terms of this �eed of Trust or under the terms of the Nate not then repaid, including hut not lirnited ta accrued interest and late charges, tii} all other sums then seGured hereby, and tiiif the remainder, if any,to the person vr persvns legally entitled thereto. [c) Trustee may in the manner prv�ided by law postpons sal� a#a11 ❑r any portion of the Property. Remedies Nvt Exclusi�e. Trustee and Lender, and each o� them, shall be entitled ta enforce payment and perfarmance of any indebtedness ar ohligations se�ured by this Deed of Trust and to exercise all rights and powers under this Deed ❑f Trust, under the Note, under any of the Related Dvcuments, �r under any other agreement or any laws n�w vr h�reafter in for�e; notwithstanding, svme ar all of such inde�tedness and ❑�ligatians sscured hy this Deed ❑f Trust may naw or hereafter be atherwise secured, whether by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, whether by court actEon or pursuant to the power❑# sale or other pawers contained in this �eed ❑f Trust, shall prejudice vr in any manner afifect Trustee's or Lender's right to realize upon or enforce any ❑ther secur��y naw vr hereafter held by Trustee ar Lender, it being agreed that Trustee and Lender, and each of them, shall be entitled to entor�e this❑eed qf Trust and any ❑ther security now ❑r hereafter held by Lender ❑r Trustee in such order and manner as they or e+ther of them may in their absolute discretion determine. No remedy conferred upan vr reser�ed to Trustee vr Lender� is intended to be exclus�ve of any other remedy in th�s Deed af Trust or by law prv�ided or permitted, but each shall be cumulati�e and shall be in additivn to e�ery other remedy gi�en in this Deed of Trust vr now or i�en b the Nvte ar any of the Related her�after existing at law or in equity vr by statute. Every pvwer vr remedy g y Ovcuments to Trustee or Lender or to which either of them may be otherwise entitled, may be exercised, con�urrently ar independently, from time t❑ time and as often as may be deemed expedient by Trustee vr Lender, and either o# them may pursue inconsistent remedies. Nathing in this Deed of Trust shall be construed as prvhibiting Lender from seeking a deficiency judgment against the Trustar tv the extent such action is permitted by law. Eie�tian by Lender to pursue any remedy shall not exclude pursuit o� any other remedy, and an election to make expenditures vr to take actian ta perfvrm an abligation of Trustvr under this ❑eed of Trust, after Trustor's failure to perform, shall not affe�t Lender's right to dec�are a default and exercise its remedies, Request for Nvtice. Trustor, on behal�of Trustor and Lender, hereby requests that a cvpy vf any Nvti�e af Default and a copy af any Notice af Sale under this ❑eed of Trust be ma+fed to them at the addresses set forth�n the first