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4837 - 9099 - 7551.5
<br />ARTICLE 1
<br />DEFINITIONS
<br />2
<br />201605356
<br />DEED OF TRUST, SECURITY AGREEMENT, ASSIGNMENT OF RENTS
<br />AND LEASES AND FIXTURE FILING
<br />THIS DEED OF TRUST, SECURITY AGREEMENT, ASSIGNMENT OF RENTS AND
<br />LEASES AND FIXTURE FILING (this "Deed of Trust ") is dated as of August _, 2016, by and from
<br />HATCHERY HOLDINGS, LLC, a Delaware limited liability company ( "Grantor "), whose address is
<br />5800 Merle Hay Road, Suite 14, Johnston, IA 50131 -0394, to BRIAN C. EADES, ESQ. , as trustee
<br />( "Trustee "), with an address at c/o Kutak Rock LLP, 1650 Farnam Street, Omaha, Nebraska 68102, for
<br />the benefit of PVIPE, LLC, a Nebraska limited liability company, having an address at 123 North Locust
<br />Street, Suite 201B, Grand Island, Nebraska (together with its successors and assigns, "Beneficiary ").
<br />Section 1.1 Definitions. As used herein, the following terms shall have the following meanings:
<br />"Events of Default ". The occurrence of any one or more of the following shall constitute an
<br />Event of Default under this Deed of Trust:
<br />(a) failure by Grantor to pay by the date such payment is due and payable, (i) any
<br />payment of principal on the Note or (ii) any other sum due under the Note or this Deed of Trust;
<br />(b) failure by Grantor to punctually perform or observe any covenant or agreement
<br />contained in this Deed of Trust (other than the monetary obligations described in
<br />subparagraph (a) above) and such failure shall not have been cured within 30 days after written
<br />notice from Beneficiary of such failure;
<br />(c) Grantor shall file a voluntary petition in bankruptcy or shall be adjudicated a
<br />bankrupt or insolvent, or shall file any petition or answer seeking or acquiescing in any
<br />reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief
<br />for itself under any present or future federal, state or other statute, law or regulation relating to
<br />bankruptcy, insolvency or other relief for debtors, or Grantor shall seek or consent to or acquiesce
<br />in the appointment of any trustee, receiver or liquidator of Grantor or of all or any part of the
<br />Mortgaged Property, or of any or all of the royalties, revenues, rents, issues or profits thereof, or
<br />Grantor shall make any general assignment for the benefit of creditors, or shall admit in writing
<br />Grantor's inability to pay its debts generally as they become due;
<br />(d) a court of competent jurisdiction shall enter an order, judgment or decree
<br />approving a petition filed against Grantor seeking any reorganization, dissolution or similar relief
<br />under any present or future federal, state or other statute, law or regulation relating to bankruptcy,
<br />insolvency or other relief for debtors, and such order, judgment or decree shall remain unvacated
<br />and unstayed for an aggregate of 60 days (whether or not consecutive) from the first date of entry
<br />thereof, or any trustee, receiver or liquidator of Grantor or of all or any part of the Mortgaged
<br />Property, or of any or all of the royalties, revenues, rents, issues or profits thereof, shall be
<br />appointed without the consent or acquiescence of Grantor and such appointment shall remain
<br />unvacated and unstayed for an aggregate of 60 days (whether or not consecutive);
<br />(e) a writ of execution or attachment or any similar process shall be issued or levied
<br />against all or any part of or interest in the Mortgaged Property, or any judgment for monetary
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