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2� 1 ��33��
<br /> �3EED �F TRUST
<br /> ��ontinued� Page 5
<br /> Trustor`5 beha�f under�his Deed vf Trust o� the Related Da�uments is fals� vr misleading in any material respect,
<br /> �ith�r now or at the time made or furnished or becomes false❑r m�sleading at any�ime thereaf�er.
<br /> Defe�ti�e Cv[�ateralization. This Deed o� Trust or any �f the Related Documen�s c�ases ta he in full force and
<br /> effect �including failure ❑f any �ollateral document to crea�e a �a�id and per�ected security in�erest or lieny at any
<br /> time and for any reason.
<br /> Death or Insnl�ency. The dissolution o� Trus�or's ��egardless o� whe�her election to con�inue €s madey, any
<br /> member withdraws from �he lim�ted liability company, or any �ther t�rmination of Trustor's existence as a gaing
<br /> business or th� death o� any m�mber, the insvlvency o� Trustar, the appointment of a recei�er for any part of
<br /> Trustor's property, any assignment �or �he ben�fit of creditors, any type of cred�tor wvrkout, or the
<br /> camm�ncement o�any proceeding under any bankruptcy or insolv�ncy laws by or against Trustor.
<br /> Credi�vr or Forfeiture Proceedings. Cvmmencement �� �oreclasure or forfeitur� prv�eedings, whether by judicial
<br /> prviceeding, sel�-help, repossession ❑r any other method, by any �red�tor of Trustor or by any go�ernmental agency
<br /> against any praperty securing �h� lndebtedness. This includes a garnishment �f any o# Trustor's accounts,
<br /> including deposit accounts, with Lender. Howe�er, this E�en� ❑fi De�ault shall not apply i� there is a gvod faith
<br /> dispu�e by Trustor as to the �alidity or reasonableness o�th� claim which is �he basis of the creditor �r forfeiture
<br /> proceeding and i� Trus-�or gi�es Lender written notics of the creditor ar forfeiture proceeding and deposits with
<br /> Lender monies vr a surety bond ��r�he credi�or or forfeiture proceeding, in an am�unt de�ermined by Lender, in i�s
<br /> sole discretion, as being an adequate reser�e�r�ond for th�dispute.
<br /> Breach af Dther Agreement. Any breach by Trustor under the terms af any oth�r agreement between Trustvr and
<br /> Lender �ha� is not remed�ed within any grace period pro�ided there�n, including withou� limitation any agreement
<br /> �oncerning any indebt�dness or other❑bligat��n of Trustor to Lender, whether exist�ng now ar later.
<br /> E►►ents Af�ecting Guarantvr. Any of the preceding e�ents occurs with resp�ct to any Cuaran�ar of any vf the
<br /> indebtedness or any Guarantor dies ar hecflmes �ncompetent, or re�okes or disputes the �alidi�y o�, or (iability
<br /> under, any Guaranty of the �ndebtedness.
<br /> Ad�erse Change. A material ad�erse change occurs in Trustor's financial condi�ion, or Lender belie�es the
<br /> prospect of payment or performance of the Indeb�edness is impaired.
<br /> Insecurity. L�nder in good faith belie�es itsel�ins�cure.
<br /> F�ight to Cure. If any default, other than a defaul�in paymen�, is �urable and i�Trustor has nat been gi�en a n�tice
<br /> of a breach a�the same pro�is�on vf�his Deed of Trust within the preceding twel�e ���y mvnths, i�may be�ured i�r
<br /> Trustar, after Lende�sends written not�ce tv Trustor demanding cure af such default; �1� cures�he defaul�t within
<br /> twen�y {2�3 days; or {2� if the cure requires more than twenty ��0� days, immediately init�ates s�eps which
<br /> Lender deems in Lender's svle discretion to be sufficient to �ure the defaul# and thereafter cvn�inues and
<br /> cvmpletes all reasonable and necessary steps su��i�ient to produ�e�omp�iance as svan as reasonably practical.
<br /> RfGHTS AND REMEDlES �N DEFAULT. Ifi an E�ent o� Default vccurs under�his Deed o�Trust, at any tim� thereaf�er,
<br /> Trustee or Lender may exercise any ons or more of the following rights and ��medies:
<br /> Ac�elerativn Upvn ��fau��: Additional Remedies. If any E�ent o� Default oc�urs as per the terms v�the Note
<br /> secured herehy, Lender may declare all Indebtedness seGured by this Deed ❑�T�ust�o be due and payable and
<br /> �he same shall�hereupan b�came due and payable withou�any presen�ment, demand, protest or not�ce of any
<br /> kind. Thereaf�er, Lend�r may:
<br /> 4ay Either in persan or by agent, with or withvut bringing any action or proceed�ng, or by a recei�er
<br /> appointed by a court and wi�hout r�gard �o the adequacy Q�its se�urity, enter upon and take possessivn
<br /> of�he Property, ar any par�thereo�, in ��s own name or in the name o�Trustee, and d❑ any acts which it
<br /> de�ms nec�ssary or desirable to preser�e the �alue, marketabili�y or rentahili�y o�the Property, �r part v�
<br /> the Property or inte�est in the Proper�y; inc�ease the income �rom �he Property or protect�h� security v�
<br /> the Property; and, with or without taking possession o� the Property, sue for or o�herwise callect the
<br /> rents, issu�s and profi�s of the Property, including those past due and unpaid, and apply the same, €ess
<br /> costs and expens�s of vperatifln and c�l��ctian a�torneys' fees, to any indebtedness s�cured by�his Deed
<br /> �� Trust, a11 in such vrder as Lender may cfe�ermine. The entering upon and taking possession v� the
<br /> Property, the cal��ction of such �ents, issues and profits, and �he applicat�on thereo� shall nvt cure or
<br /> waive any defau�t or notice of default under this ❑�ed of Trust or in�alidate any act dane in response to
<br /> su�h de�ault or pursuant to such n�tice ❑f default; and, notwtthstanding the continuance in possession of
<br /> the Proper�y or �he collection, r�c�ipt and applicat�on o� rents, issues or profits, Trustee or Lend�� shall
<br /> be entitled t❑ exercise e�ery ri�ht pro�ided ��r in the Note vr�he Relat�d Documents or by 1aw upon the
<br /> oc�u�rence o�any event of default, �ncluding the right�o exe��ise the power of sal�;
<br /> 4b� Commence an act�on tv fvrec�ose this Deec! of Trust as a mortgage, appoint a recei�er or specifi�ally
<br /> en�orce any of�the co�enan�s hereof; and
<br /> �cy Deli�er to Trustee a written declara�ion o�defaul�and demand for sale and a writ�en natice of default
<br /> and elec�ion�o cause Trustvr's interest in the Proper�y tv b� sald, which no�ice Trustee sha[� �ause t❑ be
<br /> duly filed for�ecord in the appropriate offices o�the Coun�y in which the Property is Iocated; and
<br /> �d� Wi�h respect to ali or any part af the P�rsanal Property, Lender sha�1 ha�e all the rights and remedies
<br /> o�F a se�ured par�y under the Nebraska Unifarm Comm�rcia� �ade.
<br /> Foreclosure by Power vf Sale. If Lender elects to�are�lose by exercise of the Power of Sale herein cantained,
<br /> Lender shall noti�y Trustee and shall deposit with Trustee this Deed of Trust and �he Note and such receipts
<br /> and e�iden�e ofi expenditures made and se�ured by this Deed of Trust as Trust�� may require.
<br /> {ay Upan r�ceipt of such no�ice from Lender, Trustee shall cause to be recorded, published and deli�ered
<br /> to Trustor such No�ice of Default and Notice o� 5ale as then required by law and by this Deed af Trus�.
<br /> Trustee shall, withaut demand on Trustor, after such time as may then be r�quir�d by iaw and af��r
<br /> recardatian o� such Nofiice of Defau�t and after Notice ❑f 5ale ha�in� been gi�en as required by law, sell
<br /> the Property at the tim� and place �f sale fixed by �� in su�h Notic� of Sale, eithe� as a whole, or in
<br /> separate �ots ar parcels or items as Trustee sha�� deem expedient, and in such❑rder as i�may determin�,
<br /> at public auction fio the highes� bidder far cash in lawful maney �f the United 5tates payable at the time
<br /> of sa��. Trustee shall de�i�er to su�h pur�haser or purchasers thereof its good and sufficient deed or
<br /> deeds con�eying �he property so so�d, bu€ without any c�venant or warranty, express or €mplied. The
<br /> reci�als in such deed of any ma��ers or fa��s sha�f be conclus��e proof of�h� truthfulness thereo�. Any
<br /> person, �ncluding without limitation Trustor, Trust�e, ar Lender, may purchase at such sale.
<br /> �b� As may be permi�ted by law, after deducting all cvs�s, fees and exp�nses of Trustee and o� �his
<br /> Trust, including �osts of e�idence of title in connection with safe, Trustee shal� apply�he proceeds of saie
<br /> �o payment af �i� all sums expended under the�erms of this ❑eed a�f Trust or under the terms af th� Nflte
<br /> not th�n repaid, includin� but nvt �imited t❑ accrued interes� and late charges, �iiy a[f other sums then
<br /> se�ured hereby, and �iii� the remainder, �#any, �o the person or p�rsons lega[�y en�i�led thereto.
<br /> �c� Trustee may in the manner pro�id�d �y law postp�ne sale of a�� or any partion �f�h� Prflperty.
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