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2� 1 ��2991
<br /> DEED �F TRUST
<br /> �Cflnt[nu�d� Page 5
<br /> ❑efectirre Cotiateralizativn. Th�s Deed of Trus� or any of the Relat�d ❑o�uments ceases to be in full force and
<br /> effect �in�luding failure �f any colla�eral documen� to create a �alid and perfe�ted security interest ar �ien� at any
<br /> time and for any reason.
<br /> Death or Insol�ency. The dissvlution of Trustor's �regardless of whether ele�tion �v continue is mad�}, any
<br /> member w�thdraws from the �imited liabil�ty cvmpany� or any oth�r termina�ion of Trustor's existence as a going
<br /> business o� the d�ath of any member, the insol�en�y ofi Trus�or, th� appointment of a recei�er for any par� of
<br /> Trustor's praperty, any assignment f�r the bene�it of creditors, any type of cr�ditor workout, �r the
<br /> commen��men�of any proceeding under any bankruptcy or insal�ency laws t�y or against Trustor.
<br /> �reditor vr Forfeiture Proceedings. Comm�ncement of fare�losure or forfeiture proce�dings, whe�her by judicial
<br /> prv�eeding, self-help, repossession or any ❑ther method, by any creditvr❑f Trustor or by any go�ernmenta� ag�ncy
<br /> agains� any prope�ty secur�ng the Inde�tedn�ss. This �nCludes a garnishment of any o� Trus�or's accaun�s,
<br /> including deposi� accoun�s, with Lender. How��er, this E�ent ❑� ❑efiault sha[� not apply i� there is a gaod faith
<br /> d�spute by Trustor as to �he �alidity or reasonableness of the Glaim which is th� �asis of the creditor or fflr�eiture
<br /> proceeding and i� Trus�or gi�es Lender writfien notice o# the cred€tor or �orf�iture proceeding and depos�ts wi�h
<br /> L.ender monies flr a surety bond �vr the creditor or forfieiture proceeding, in an amount determined �y Lender, in its
<br /> so�e discretian, as being an adequa�e reser�e or b�nd�ar the dispute.
<br /> Breach vf Other Agreement. Any br�ach hy Trustor under�he terms of any other agreement between Trustor and
<br /> �ender that is nat remedied within any grace period pro�ided therein, �ncluding wi�hvut limitation any agreement
<br /> concerning any ind�htedness ❑r a�her ohiigation of Trustor�to Lender, whe�her existing now o�later,
<br /> EWents Af#e�ting Guarantor. Any af �he preceding e�ents accurs wi�h respec�k ta any Guarantor o� any of the
<br /> lndebt�dness or any �uarantor dies o� becomes incampe�ent, or re�okes or disputes the �alidi�y o�, or liability
<br /> und�r, any Guaranty of the Indebtedn�ss.
<br /> Ad�erse Change. A material ad��rse change occurs in Trustor's financial condition, or Lender helie�es the
<br /> prospect of payment vr performance o�the fndebtedness is impaired.
<br /> Insecuri�y. Lender in good�aith beli��es itself inse�ure.
<br /> Right�o Cu�e. I�any default, o�her than a defau[t in payment, is curable and i�Trus�or has not been g��en a nvti�e
<br /> of a �reach o#the sam� prv�ision of this �3eed o�Trust within the preceding twel�e �1�y months, it may be cured if
<br /> Trustor, after Lend�r sends written no�i�e to Trustvr demanding cur� v�such default: �1} cures�he de�ault within
<br /> twenty �ZO} days; or {�} if the cure r�quires more than twenty ���} days, immedia�ely init�ates s�eps which
<br /> Lender deems in Lender's sole discret�on to he su�#icien� �❑ cure the defau�t and therea�ter continues and
<br /> completes all reasnnable and necessary steps suffi�ient tv produce complianc� as soon as reasonably practi�al.
<br /> F�IGHTS AND REMEDIES �N DEFAULT. I�an E�ent af De�ault occurs under this Deed of Trust, at any time thereaf�er,
<br /> Truste�or Lender may exercis� any one or more af th�following rights and remedies:
<br /> Acceleration Upan De'�ault: Additional Remedies. if any E�ent of De�ault a�curs as per the t�rms of the Note
<br /> secured hereby, Lender may declare all lndebtedness secured by this Deed of Trust to be due and payable and
<br /> the same shall th�reupon become due and payable withaut any presentmen�, demand, protest vr no�ics o�any
<br /> kind. Thereafter, Lender may:
<br /> �a3 Ei�h�r in person ar by agent, with or w�thou� �ringing any action or pra�eeding, or by a recei�er
<br /> appvinted by a court and withaut regard fio the adequacy fl�its s�cur�ty, enter upon and '�ake possession
<br /> of the Proper�y, or any part thereof, in its awn name or in�he name o�T�us�ee, and dv any acts whi�h i�
<br /> deems necessary or desirable�o preser�e the �alue, marketabili�y or rentabili�y af the Property, or par�of
<br /> �he Property or interes'� in the Praper�y; inc�ease the income �rom �he Property vr pratec�th� security of
<br /> the Praperty; and, wi�h or withou� tak�ng possessivn of the Property, sue for or atherwise cflllect the
<br /> ren�s, issues and profits of the Prvp�rty, including rhose pas� due and unpaid, and apply the same, less
<br /> cvsts and expenses of operativn and cailec�ion attorn�ys' fees, to any indebtedness se�ured �y this Deed
<br /> of Trust, all in such order as Lender may determine. The entering upvn and taking possession of �he
<br /> Property, �he �olle�ti�n of such rents, issues and prafi�s, and �he applicatfan therevf shail no� cur� vr
<br /> wai�e any de�ault nr notice of defau�t under this Deed of Trust ❑r in�alidate any ac� done in respvnse �o
<br /> such default or pursuant to such natice of defau�t; and, natwithstanding the continuance in possession o�
<br /> the Property or the �vi�ection, rece�pt and appfication of rents, issues or pro�its, Trustee or Lender shall
<br /> b� enti�led �o exercise e�ery right prv�ided fvr in the Note or the Related Document� or by law upon the
<br /> vccurrence of any e�ent of default, including the righ��o exercise�he pawer of sale;
<br /> �h} Commence an action to foreclose this Deed of Trust as a mvrtgage, appoint a recei�er or specifically
<br /> enforc� any of the co��nants hereof; and
<br /> �cy Deli�er�v Trustee a written de�laration vf defau[t and demand�or sale and a written not�ce af defaul�
<br /> and e�ection to �ause Trustar's in�erest in�he Property�o be sold, which no�ice Trustee shafl cause to be
<br /> duly�i�ed for recflrd in�he appropriate o�fices of�he County in which the Prop�rty is lacated; and
<br /> �d� With respect to all or any part of fihe Personal Property, Lender shall ha�e ail the rights and remedies
<br /> of a secured party under the Nebraska llniform Comm�rcial Cod�.
<br /> Fnreclvsure hy Pvwer of Sale. i�Lender elects fio foreclose �y exercise of the Power of Sale herein con�ained,
<br /> Lender shall noti�y Trus�ee and shall depasit wi�h Trustee this Deed o�Trus� and the Nvte and such receipts
<br /> and e��dence of expenditures made and secured by th�s ❑eed of Trust as Trustee may requir�.
<br /> �a� Upan receipt❑f such no�i�e from Lender, Trustee shall cause tv be recorded, published and deli�ered
<br /> to Trus�vr such Notice o� Default and Notice af Sale as then required by [aw and by this Deed of Trust.
<br /> Trustee sha��, without demand on Trustor, after such time as may then be required by law and a�ter
<br /> recorda�ion o�such Notice �f De�fauit and after Na�ice of Safe ha�ing �aeen gi�en as required by law, s�ll
<br /> the Property at the tim� and place of sale �fixed by it �n su�h Nvtice of Sale, ei�her as a whole, or in
<br /> s�parate �ots or par�els or items as Trustee shafl deem expedient, and �n such order as it may determine,
<br /> at public auction to the highest bidder for cash in lawful money af the lJnited States payahle a�the time
<br /> af sale. Trustee shall de�i�er to such purchaser o� purchasers thereof its good and su��icien� deed or
<br /> deeds con�eying the property sv sald, but wi�haut any �o�enant or warranty, express or implied. The
<br /> �ecita�s in such deed af any ma�t�rs or facts shalf be conclusi�e proof of the �ruthfuln�ss �hereof. Any
<br /> pers�n, including wi�hout[�mitativn Trustor, Trustee, or Lender, may pur�hase at such sale.
<br /> tby As may be permitted hy law, after deduc�ing a�l �os�s, fees and expenses �f Trust�e and �f this
<br /> Trust, includin� cvsts o�e�iden�e of tifi�e in �vnnection with sale, Trustee shall apply�he proce�ds of sale
<br /> to paymen�of 4i} all sums expended under the�erms a�this Deed o�Trus�or under the terms o�the Note
<br /> not �hen repaid, including but na� limited t❑ accrued interes� and late charges, �ii� all other sums th�n
<br /> secured hereby, and �iii} th� remainder, if any, �o th� persan vr persons legally entitled�hereto.
<br /> tcy Trustee may in the manner pra�ided by law postpone sale of a��or any portion vf�he Property.
<br /> Remedies Not Exclusi�e, Trustee and Lend�r, and each o� them, sha[� be en�itled to enforce paymen� and
<br /> p�r�arman�e o�any indeb�edness o�o�liga�ions secured by this Dsed of Trust and to exercise all rights and powers
<br /> � under this Deed of Trust, under the Note, under any of the Re�ated ❑ocuments, or under any ��her agreement or
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