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DEED OF TRUST
<br />(Continued)
<br />either now or at the time made or furnished or becomes false or misleading at any
<br />Defective Collateralization. This Deed of Trust or any of the Related Document.
<br />effect (including failure of any collateral document to create a valid and perfecte .
<br />time and for any reason.
<br />Insolvency. The dissolution or termination of Trustor's existence as a going busi
<br />the appointment of a receiver for any part of Trustor's property, any assignment
<br />type of creditor workout, or the commencement of any proceeding under any ban
<br />against Trustor.
<br />Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture
<br />proceeding, self -help, repossession or any other method, by any creditor of Trusto
<br />against any property securing the Indebtedness. This includes a garnishment
<br />including deposit accounts, with Lender. However, this Event of Default shall n
<br />dispute by Trustor as to the validity or reasonableness of the claim which is the
<br />proceeding and if Trustor gives Lender written notice of the creditor or forfeitur
<br />Lender monies or a surety bond for the creditor or forfeiture proceeding, in an am•
<br />sole discretion, as being an adequate reserve or bond for the dispute.
<br />Breach of Other Agreement. Any breach by Trustor under the terms of any other
<br />Lender that is not remedied within any grace period provided therein, including
<br />concerning any indebtedness or other obligation of Trustor to Lender, whether exis
<br />Events Affecting Guarantor. Any of the preceding events occurs with respect
<br />Indebtedness or any Guarantor dies or becomes incompetent, or revokes or dis
<br />under, any Guaranty of the Indebtedness.
<br />Adverse Change. A material adverse change occurs in Trustor's financial co
<br />prospect of payment or performance of the Indebtedness is impaired.
<br />Insecurity. Lender in good faith believes itself insecure.
<br />Right to Cure. If any default, other than a default in payment, is curable and if Tru
<br />of a breach of the same provision of this Deed of Trust within the preceding twely
<br />Trustor, after Lender sends written notice to Trustor demanding cure of such defa
<br />twenty (20) days; or (2) if the cure requires more than twenty (20) days, i
<br />Lender deems in Lender's sole discretion to be sufficient to cure the default
<br />completes all reasonable and necessary steps sufficient to produce compliance as
<br />RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed
<br />Trustee or Lender may exercise any one or more of the following rights and remedies:
<br />Acceleration Upon Default; Additional Remedies. If any Event of Default occ
<br />secured hereby, Lender may declare all Indebtedness secured by this Deed of
<br />the same shall thereupon become due and payable without any presentment,
<br />kind. Thereafter, Lender may:
<br />(a) Either in person or by agent, with or without bringing any action
<br />appointed by a court and without regard to the adequacy of its security,
<br />of the Property, or any part thereof, in its own name or in the name of T
<br />deems necessary or desirable to preserve the value, marketability or rent.
<br />the Property or interest in the Property; increase the income from the Pr
<br />the Property; and, with or without taking possession of the Property,
<br />rents, issues and profits of the Property, including those past due and u
<br />costs and expenses of operation and collection attorneys' fees, to any in
<br />of Trust, all in such order as Lender may determine. The entering upo
<br />Property, the collection of such rents, issues and profits, and the appli
<br />waive any default or notice of default under this Deed of Trust or invalid
<br />such default or pursuant to such notice of default; and, notwithstanding t
<br />the Property or the collection, receipt and application of rents, issues or
<br />be entitled to exercise every right provided for in the Note or the Related
<br />occurrence of any event of default, including the right to exercise the po
<br />(b) Commence an action to foreclose this Deed of Trust as a mortgage,
<br />enforce any of the covenants hereof; and
<br />(c) Deliver to Trustee a written declaration of default and demand for sal
<br />and election to cause Trustor's interest in the Property to be sold, which
<br />duly filed for record in the appropriate offices of the County in which the
<br />(d) With respect to all or any part of the Personal Property, Lender shall
<br />of a secured party under the Nebraska Uniform Commercial Code.
<br />Foreclosure by Power of Sale. If Lender elects to foreclose by exercise of the
<br />Lender shall notify Trustee and shall deposit with Trustee this Deed of Trust
<br />and evidence of expenditures made and secured by this Deed of Trust as Trust.
<br />(a) Upon receipt of such notice from Lender, Trustee shall cause to be re
<br />to Trustor such Notice of Default and Notice of Sale as then required by
<br />Trustee shall, without demand on Trustor, after such time as may the
<br />recordation of such Notice of Default and after Notice of Sale having bee
<br />the Property at the time and place of sale fixed by it in such Notice o
<br />separate lots or parcels or items as Trustee shall deem expedient, and in -
<br />at public auction to the highest bidder for cash in lawful money of the U
<br />of sale. Trustee shall deliver to such purchaser or purchasers thereof i
<br />deeds conveying the property so sold, but without any covenant or war
<br />recitals in such deed of any matters or facts shall be conclusive proof o
<br />person, including without limitation Trustor, Trustee, or Lender, may purc
<br />(b) As may be permitted by law, after deducting all costs, fees and e
<br />Trust, including costs of evidence of title in connection with sale, Trustee
<br />to payment of (i) all sums expended under the terms of this Deed of Trust
<br />not then repaid, including but not limited to accrued interest and late c
<br />secured hereby, and (111) the remainder, if any, to the person or persons le
<br />(c) Trustee may in the manner provided by law postpone sale of all or any
<br />Remedies Not Exclusive. Trustee and Lender, and each of them, shall be en
<br />performance of any indebtedness or obligations secured by this Deed of Trust and ti
<br />201 606461
<br />Page 5
<br />ime thereafter.
<br />ceases to be in full force and
<br />security interest or lien) at any
<br />ess, the insolvency of Trustor,
<br />for the benefit of creditors, any
<br />ruptcy or insolvency laws by or
<br />roceedings, whether by judicial
<br />or by any governmental agency
<br />of any of Trustor's accounts,
<br />t apply if there is a good faith
<br />asis of the creditor or forfeiture
<br />proceeding and deposits with
<br />unt determined by Lender, in its
<br />agreement between Trustor and
<br />ithout limitation any agreement
<br />ing now or later.
<br />o any Guarantor of any of the
<br />utes the validity of, or liability
<br />dition, or Lender believes the
<br />for has not been given a notice
<br />(12) months, it may be cured if
<br />It: (1) cures the default within
<br />mediately initiates steps which
<br />and thereafter continues and
<br />on as reasonably practical.
<br />• f Trust, at any time thereafter,
<br />rs as per the terms of the Note
<br />rust to be due and payable and
<br />emand, protest or notice of any
<br />.r proceeding, or by a receiver
<br />nter upon and take possession
<br />ustee, and do any acts which it
<br />bility of the Property, or part of
<br />perty or protect the security of
<br />ue for or otherwise collect the
<br />paid, and apply the same, less
<br />btedness secured by this Deed
<br />and taking possession of the
<br />ation thereof shall not cure or
<br />ate any act done in response to
<br />e continuance in possession of
<br />profits, Trustee or Lender shall
<br />Documents or by law upon the
<br />r of sale;
<br />ppoint a receiver or specifically
<br />and a written notice of default
<br />otice Trustee shall cause to be
<br />roperty is located; and
<br />ave all the rights and remedies
<br />ower of Sale herein contained,
<br />nd the Note and such receipts
<br />e may require.
<br />orded, published and delivered
<br />aw and by this Deed of Trust.
<br />be required by law and after
<br />given as required by law, sell
<br />Sale, either as a whole, or in
<br />uch order as it may determine,
<br />ited States payable at the time
<br />s good and sufficient deed or
<br />anty, express or implied. The
<br />the truthfulness thereof. Any
<br />:se at such sale.
<br />penses of Trustee and of this
<br />hall apply the proceeds of sale
<br />or under the terms of the Note
<br />rges, (ii) all other sums then
<br />ally entitled thereto.
<br />portion of the Property.
<br />tled to enforce payment and
<br />exercise all rights and powers
<br />
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