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2� 1 ��5479
<br /> DEED �F TRUST
<br /> �Continu�d� �ag� 5
<br /> Defe�ti�e �oll�teralizatian. This Deed of Trust ar any �f the Related Documents ceeses ta be in full force and
<br /> effect �in�luding failure of any collateral document to create a �alid and pe�fected se�urity interest or �ieny at any
<br /> #ime and for any reasvn.
<br /> De�th vr Insol�en�y. The dissolution of Trustor's �regardless of whether electinn to continue is madel. any
<br /> member withdraws fram the limit�d iiahility campany, ar any other terminativn of Trustor's existen�e as a g�ing
<br /> business or the death o# any member, the insvl�ency o# Trustor, the appvintment vf a recei�er far any part of
<br /> Trustor's property, �ny assignment for the benefit o# creditors, any type af creditvr workout, or the
<br /> commencement of any prviceeding under any bankruptcy❑r insol�ency laws by vr against Trustor.
<br /> Creditar or Forfeiture Praceedinga. Cammen�ement of fvreclosure or forfeiture pra�eedings, whether hy judi�'ral
<br /> praceeding, self-help. repossession or any❑ther method, by any�reditor af Trustvr or hy any gv�e�nmental agency
<br /> against any property securing the lndebtednsss. This includes a garnishment of any of Trustar's ac�ounts,
<br /> including depas�t accounts, with Lender. Hvwe�er, this E�ent of ❑efault shall not apply if there is a good faith
<br /> dispute by Trustor as to th� �alidi#y or reasonableness af the �laim which is the basis of th� creditor or #vr#eiture
<br /> proceeding and if Trustor gi�es Lender w�itten natice vf the credFt�r or for#eiture proceeding and deposits with
<br /> Lender monies vr a surety bond for the creditor or forfeiture proc��ding, in an am�unt determined by L�nder, in its
<br /> sole discretion, as being an adequate r�s�r�e�r hond for the dispute.
<br /> Breach of Dther Agreament. Any brea�h by Trustor under the terms af any❑ther agreement betwe�n T�ustor and
<br /> Lender that is not remedied within any gra�e period prv�ided therein� inc�uding withflut limitation eny agreement
<br /> concerning any indebtedness or other vbligation of Trustor to Lender. whether existing nvw�r later.
<br /> E�ents Affecting Guerentor. Any of the preceding e�ents occurs wi#h respect to any Guarantor of any of the
<br /> fndebtedness or any Guarantor di�s or be�omes incampetent, or rs�okgs or d�sputes the �alidity vf, or liability
<br /> under, any Guaranty o#the Indebtedness.
<br /> Ad�erse Change. A matsrial ad�erse change occ�rs in Trustflr`s finencial condition, vr Lender belie�es the
<br /> prospect o�payment ar perfvrmance af the Indeb#edness'rs impaired.
<br /> Insecurity. Lender in good faith belie�es itseif insecure.
<br /> Right to Cure. I#any default, other than a default in payment, is curable and if Trustar hes nat been gi�en a notice
<br /> vf a breach of the same pro��sian of this D��d of Trust within the pre�eding twel�e �12y months, it may be cured if
<br /> Trustor� after Lender sends written natice to Trustor demanding cure of such default: t�) cures the default within
<br /> twenty �2�f days; or �2y if the cure requires mare than twenty t2�y days. Emmediate�y initiates steps which
<br /> . Lender deems in Lender's svle discretian to be sufficient to cur� the default and thereafter continues and
<br /> cvmpletes all reasanable and necessary steps sufficient to produce cvmplian�e as soon as reasonab�y practical.
<br /> RIGIiTS AN� REMED�ES ON DEFAULT. If an E�ent of Default vccurs under�his Deed of Trust, at any time thereafter.
<br /> Trustee or Lender may exercise any one or more of the following rights and remedi�s:
<br /> Accelera#ivn Upan Def�ult:Additivnal Remedies. If any E�ent ot ❑efau�t occurs as per the terms of the Note
<br /> secured hereby, Lender may declare all Indebtedness secured hy this Deed af Trust to he due and payable and
<br /> the same shall thereupon hecame due and payable wi#hout any presentment,demand, prv#est or natice of any
<br /> kind. Thereaft�r, Lender may:
<br /> 4a� Either in person of hy agent, with vr without bringing any action or proceeding. or by a recei�er
<br /> appvinted hy a court and without regard tv the adequacy of its security. enter upon and tak�possessian
<br /> of the Prop�rty, or any part thereof, �n its❑wn name or in the name of Trustee. and do any acts which it
<br /> deems necessary or desirable ta preser�e the value� marke#ability or rentabil�ty of the Prop�rty. or part❑f
<br /> the Property or interast in the P�operty; increase the income #rvm the Property or pratect the security ❑f
<br /> the Praper�y; and� with or without taking possessivn vf the Property, sue for or otherwise calle�t the
<br /> rents, issues and profits of the Prop�rty. including th�se past due and unpaid, and apply the same. less
<br /> costs and expenses af operation and colle�tion attorneys' fees, to any indebtedness secured by this Deed
<br /> of Trust. ai� �n such order as Lgnder may determine. The entering upon and taking possession vfi the
<br /> Prvperty. the collection of such rents. issues and profits. and the appl��ation thereof shall not cure or
<br /> wai�e any defauft or notice of defau�t und�r�his Deed of Trust ar in�a�idate any act dvne in response t❑
<br /> such defau�t or pursuant to such notice of defaul�; and. no#withst�nding th�continuance in pvssess'ran of
<br /> the Proper�y or the collection, receipt and application of rents, issues vr prvfits, Trustee ar Lender shall
<br /> f�e entitled to exercise e�ery right pra�ided far in�he Note or the Related Dacuments or by law upvn the
<br /> o�currence o�any e�ent af default, including the right to exercise the power of sal�;
<br /> �bf C�mmence an acti�n to#areclose this ❑eed of Trus#as a mortgage. appvint a recei�er or spe�ifi�a��y
<br /> enfarce any of the co�enants hereof; and
<br /> �cy Deli�er to Trustee a written deciaration of default and demand for sale and a written noticg of d�fau�t
<br /> and election tv cause Trustor's interest in the Prvp�rty to be soid, which notice Trust�e shal�cause to be
<br /> duly fi�ed for r�cord in th�appropriate vffices of the County in which the Property is fo�ated; and
<br /> tdy With respect to all�r any part vf the Personal Praperty, Lender shall ha�e ail ths rights and remsdies
<br /> of a secured party under the Ngbraska Unifarm Cammercia! Code.
<br /> Foreclosure by Pawar of Seie. !�Lender slects to foreclose by exercise o�#he Pawer of Sale herein contained,
<br /> Lender sh�ll not�#y Trustee and shall deposit with Trustee this ❑eed vf Trust and the Nate and such receipts
<br /> and e�idence of expenditures madg and secured by this Deed of Trust as Trustee may require.
<br /> tay Upon receipt of such notice fram Lendsr. Trus#ee shail cause to be recvrded, published and deli�ered
<br /> tv Trustor such Notice of Default and Notice of Sa�e as then required by iaw and by this ❑eed af Trust.
<br /> Trustee shall, without demand on Trustor, a#ter such time as may then be required by law and after
<br /> recQrdation of su�h Noti�e of De�a�ult and after Notice of Sa�e ha�ing been gi�en as required by law, sell
<br /> the Property at the time and place vf sale fixed by �t in such Notice of 5ale� either as a who�e, vr in
<br /> ssparate lots ar parcels or items as Trustee shall deem expedient, and in such order as it may determine,
<br /> at public auction tv the highest bidder for�ash in lawful money of the United States payable a#the time
<br /> of sale. Trustee shall deli►►e� ta such purchaser or purchasers thereof its good and sufficient deed or
<br /> deeds cvn�eying the pr�perty so sald, but without any co�enant vr warranty. express or imp�ied. The
<br /> recitals in su�h deed �f any matters or facts sha11 be cvnc�usi�e proof of ths truthfulness therevf, Any
<br /> persvn, �ncluding withvut Itmitation Trustor. Trustee, ❑r Lender. may purchase e#such sals.
<br /> �hf As may be permitted hy law, after deducting all cvsts, fees and exp�nses af Trustee and of this
<br /> Trust, including costs af e��dence o#title in cvnnection with sale,Trustee shall apply the proceeds vf saie
<br /> to payment vf �iy a�!sums expended under the terms of this Deed of Trus#�r under the terms of the Note
<br /> not then repaid. including but not limited to accrued �n#erest and late charges. �iif all ather sums then
<br /> secured hereby. and �iii� the remainder, if any,tv the person or persvns legally entitled thereta.
<br /> �cf Trustee may in the manngr pro�ided by law pastpone saie of all or any pvrtian of the Propgrty.
<br /> Remed�es Not Excfusi�e. Trustee and Lender, and each of them, shall be entitled to enforce p�yment and
<br /> per#ormance of any indebtedness or ohligations secured by this Deed of Trust and to exercise all rights and powers
<br /> under this ❑eed of Trust, under the Nvte, under any of the Related Documents, or under any a#her agreement or
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