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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 <br />