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2� 1 ��5777
<br /> DEED �F TRUST
<br /> tCantinued� Pa�e 5
<br /> Defective Coilateralization. This Deed of Trust vr any of the Related Dvcuments ceases to be �n full farce and
<br /> effect �inc�uding failure of any �ollat�ral document to �reate a �alid and perfected security interest or lien} at any
<br /> time and �or any rsason.
<br /> Death vr Insvl�ency. The dissolution of Trustar"s �regardless of whether electi�n to �antinue is mad��, any
<br /> member withdraws from the limited liability company, or any other termination �f Trustor's existence as a gaing
<br /> business or the death of any member, th� insal�ency of Trustor, the appaintment of a recei�er f�r any part ❑f
<br /> Trustor's property, any assignment for the benefit of creditors, any type of credit�r warkout, or the
<br /> commencement of any proceeding under any hankruptcy or insof�ency laws by ar against Trustor.
<br /> Creditor or Forfeiture Proceedings. Gommencement of fareclosure ar farfeiture proc�edings, whether by judicial
<br /> pro�eeding, self-help, repossession ar any other method, by any creditvr vf Trustor or by any go��rnmental agency
<br /> aga�nst any property s�curing the Inde#�tedness. This includes a garnishment of any ❑f Trustor`s accounts,
<br /> including deposit aG��unts, with Lender. Hvwe�er, this E�ent vf ❑efault shall nat apply if ther� is a good faith
<br /> disput� by Trustor as t❑ the �alidity vr reasanableness of the �laim which is the hasis of the creditor Qr forfeiture
<br /> proceeding and if Trustor gi�es Lender writt�n nvtic� of the cr�ditor ar forfeiture pra�eeding and depasits with
<br /> Lender mon�es or a surety bond for the creditor or forfeiture prviceeding, in an amount determined by Lender, in its
<br /> so�e discretion, as being an adequate reser�e or bond for the dispute,
<br /> Breach of�ther Agreement. Any breach by Trustor under the terms af any other agreement between Trustar and
<br /> Lender that is not remedied within any grace period pra�ided therein, including without limitation any agreement
<br /> concerning any indebtedness ar other abligation of Trustvr to Lender, whether existing naw ar later.
<br /> E�ents Affecting Guarantvr. Any a# the preceding e�ents occurs w�th respect to any Guarantor of any of the
<br /> Indebtedness or any Guarantor dies or becomes in�gmpe�ent, ar re�akes or disputes the �alidity ❑f, �r �ia�ility
<br /> under, any Guaranty of th� Indebtedness.
<br /> Ad�erse Change. A material ad�erse change occurs in Trustor's financial condition, ❑r Lender belie�es the
<br /> prospe�t of payment vr perfvrmance of the Indebtedness is impaired.
<br /> Inse�urity. Lender in good faith belie�es its�lf insecure.
<br /> Right ta Cure. If any dgfault, other than a default in paym�nt, is curable and if Trustor has nvt been gi�en a natice
<br /> o�a hreach o�the same pro�ision of this ❑eed of Trust within the preceding twel�e ��2y m�nths, it may be cured if
<br /> Trustor, after Lender sends written natice to Trustor d�manding cure of such default: t 1 y cures the default within
<br /> twenty �2�y days; or ��� if the cure requires more than twenty �2�f days, immediately initia#es steps which
<br /> Lender deems in Lender's sal� discr�tivn tv be suffi�ient to cur� the default and thereafter continues and
<br /> campletes ail r�asvnable and ne�essary steps sufficient to pr�du�e cvmpfian�e as svon as reasonably practica�.
<br /> RIGHTS AND REIVIEDIES �N DEFAULT. If an E�ent of ❑efault vccurs under this Deed of Trust, at any time th�reafter,
<br /> Trustee or Lender may exercise any ❑ne or more�f the fvllowing rights and remedies:
<br /> Acceferativn Upon Default; Additivnal Remgdiss. I# any E��nt of D�fault ❑�curs as p�r the terms �f th� Nate
<br /> secured hereby, Lender may declare all �nd�btedness secured by this Deed of Trust to be due and payable and
<br /> the same shall thereupon �ecame due and payabfe with�ut any presentment, demand, protest or nvtice a#any
<br /> kind. Thereafter, Lender may;
<br /> �af Either in person vr by agent, with ❑r withvut bringing any action or pra�eeding, or by a receiver
<br /> appointed hy a court and withvut regard tv the adequacy of its secur+ty, enter upvn and take possession
<br /> of the Property, �r any part thereof, in its own name or in the name o#Trustee, and d� any acts which it
<br /> deems necessary or desirable to preser�e the �alue, marketability vr rentability ❑f the Prvperty, or part of
<br /> the Property or interest in the Prvperty; in�rease the income frvm the Prvperty or prvt�ct the security of
<br /> the Property; and, with ❑r withaut taking pvssession af the Property, sue for �� oth�rwise coflect the
<br /> rents, issues and pra��ts of the Property, including those past due and unpaid, and app�y the same, less
<br /> costs and expens�s of vperation and �olfectian attorneys' fees, t❑ any indebtedness s�cured hy this Deed
<br /> of Trust, all in such ❑rder as Lender may d�termine. The entering upon and taking pvssessian o# the
<br /> � Property, the collec�ion af such rents, issues and pr�fits, and the applicatian thereaf shall nvt cure or
<br /> wai�e any default or notice of default under this ❑eed of Trust or in�alidate any act done in response to
<br /> such default or pursuant to such noti�e of default; and, nvtwithstanding the continuan�e in possessian af
<br /> the Prvperty ar the cal�ectivn, receipt and applicativn vf rents, issues or prafits, Trustee or Lender shall
<br /> be entitled to exercise e�ery right pro�ided far in the Note or the Rela�ed �vcuments or by law upon the
<br /> �ccur�ence of any e�ent of default, including the right t�exer�ise the power vf sale;
<br /> �b� Cammence an action to fvre�lose this Deed of Trust as a martgage, appoint a recei�er or specifically
<br /> �n�vrc� any of the co�enants here�f; and
<br /> (c] Deli�er to Truste� a writ#en declaration of defau�t and demand for sale and a written nvtice of default
<br /> and �lection to cause Trustor's interest in the Property ta �e sold, whi�h notice Trustee shall cause to be
<br /> duly filed f�r record in the appropriate affices v�the County in whi�h the Prvperty is Ivcated; and
<br /> [d� With resp�ct t❑ ali vr any part of the Personal Praperty, Lender shall ha�e all the rights and remedies
<br /> of a secured party under the N�hraska Unifo�rn Cvmmerciai Cvde.
<br /> Fareclvsure hy Pvwer af 5ale. I# Lender elects to foreclass by exercise of the Pawer vf 5ale herein contained,
<br /> Lender shall natify Trustee and shall deposit with Trustee thts Deed ❑f Trust and the Note and such receipts
<br /> and e�idence of expenditures made and secured by this ❑eed v�Trust as Trustee may requir�.
<br /> �a} Upon receipt of such notice from Lender, Trustee shall cause to be recorded, put�lished and deli�ered
<br /> t❑ Trustor such Notice of Default and Notice of Sale as then required by law and by this Deed af Trust.
<br /> Trustee shall, without demand on Trustor, after such time as may then be required hy law and after
<br /> rec�rdation vf such Natice �f Default and after Notice ❑f 5a1� ha�ing been gi�en as required by law, sell
<br /> the Property at th� time and pla�e ❑f sale fixed by it in such Notice o# Sale, either as a whale, or in
<br /> separate Iots or parcels ❑� items as Trustee shall deem �xp�dient, and in suCh order as i� may determine,
<br /> at puhlic auction t❑ the hFghest bidder for cash in lawfu! mon�y vf the lJnited States payabl� at the time
<br /> of sale. Trustee shall de�F�er to such purchaser �r purchasers thereof its gavd and suffi�ient deed or
<br /> deeds cvn�eying the property s❑ sold, but without any co�enant �r warranty, express or implied. The
<br /> recitals in such deed of any mat�ers vr fa�ts sha�l be �onclusi�e proof of the truthfulness thereof. Any
<br /> person� including without limitation Trustar, Trustee, or Lender� may purchas� at such sale.
<br /> �by As may be permitted by law, after deducting all costs, fees and expenses of Trustee and �f this
<br /> Trust, including �osts af e�idence of tit�e in c�nnect�an with sale, Trust�e shall apply the proceeds vf sale
<br /> to payment of t+} all sums expended under the terms of this ❑eed ❑f Trust or under the terms of the Nvte
<br /> not then repaid, including but not limited t❑ accrued interest and late cha�ges, [ii� all o�her sums then
<br /> se�ured hereby, and �iii� th� remainder, if any, to the persvn or persons legally entitled thereto.
<br /> ��� Trustee may in the manner prv��ded by law postpone sal�of aii or any pvrtivn ❑f the Property.
<br /> Remedies Not Ex�lusi�e. Trustee and Lender, and each of them, shall b� �ntitled tv en#orc� payment and
<br /> performance of any indebtedness ❑r�bligations s�cured I�y this Deed of Trust and ta exer�ise a�i rights and powers
<br /> under this Deed of Trust, under the Note, under any of th� Related Documents, ❑r under any other agreement vr
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