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2� 1 ��8284
<br /> DEE[3 �F TRUST
<br /> ��ontin ued� page 5
<br /> either now or at the time made or furnished or becvmes false or misieading at any time thereafter.
<br /> Defacti�e Collateraliza�ian. This Deed af Trust or any of the Related Documents ceases to be in fu�l force �nd
<br /> effect �including failure of any collateral document to cre�te a �alid and perfected security interest or lieny at any
<br /> tims and far any reas�n.
<br /> Dea#h nr Inso��ency. The dissvlution of Trustor's {reg�rdless a# wh�ther electivn to continu� is madey, any
<br /> member withdraws fr�m the �imited liability company. or any other termina#ion of Trustor's exis#en�e as a going
<br /> husiness �r the death of any member. the insvi�ency of Trustor. the app�intment of a recei�er for any part of
<br /> Trustor's property. any assignment far the benefit af creditors� any type of creditor warkout. or the
<br /> commen�ement of any pro�eeding under any bankruptcy or inso��ency laws by vr aga�nst Trustor.
<br /> Creditor ar For#ei�ure Praceedings. Commencemen# of forecl�sure ❑r fvrfeiture prviceedings, whether by �udicial
<br /> proceeding. self-he�p, repossessian vr any other method, by any�reditor o�Trustvr❑r by any go�ernmental agency
<br /> against any property securing the lndebtedness. This includes a garnishment of any of Trustor's accounts,
<br /> including deposit accounts, with Lender. Howe�er, this E�ent ofi De�ault shal� no� apply if there is a gaod faith
<br /> dispute hy Trustor as to the �alidity vr reasvnableness of the �iaim which is the basis �f the creditor vr forfeiture
<br /> proceeding and if Trustvr gi�es L�nder written notice of the �r�ditvr or forfeiture pro�eeding and deposEts with
<br /> Lender m�nies ar a surety bond for the credi#or or forfeiture proce�ding, in an amount determined hy Lender, in its
<br /> sole discretion, as being an adequate reser�e�r bond for the dispute.
<br /> Breach vf Other A9raamsnt. Any breach by Trustor unde�the terms of any other agreement hetween Trustor and
<br /> Lender that is not remedied within a�ny grace peri�d p�a�ided therein, including without limitatian any agreement
<br /> concerning any indehtednsss vr other obligation o#Trustor to Lender, whether ex+sting now or later.
<br /> E�ents Affa�ting Guar�ntor. Any ❑f the precgding e�ents o�curs with respect to any Guarant�r of any ❑f the
<br /> Indebtedness or any Guarantor dies ar bscomes incompetent, or re�okes vr disputes the �alidity of, or liability
<br /> under, any Guaranty of the Indebtedness.
<br /> Ad�erse Change. A material ad�erse change occurs in Trustor`s financial cvnditian, ❑r Lender helie�es the
<br /> prvspect of payment or perfarmance of the Indebtedness is impaired.
<br /> Insecuri#y. Lender in go�d faith be�ie�es itself insecure.
<br /> R�ght#a Cure. !f any default, other than a default in payment, is curable and if Trustvr has not been gi�en a nat�ce
<br /> of a breach af the same pro�ision o�this❑eed of Trust within the preceding twel�e �12y mvnths, it may be cured if
<br /> Trustor, after Lender sends written notice to Trustor demandtng cure af such default: �1 y cures the default within
<br /> twenty �2�y days; or ��f if the cure requires more than twgnty ��Q) days, immediately initiates steps which
<br /> Lender deems in Lender's sole dis�retian to be suffi�ient to cure the default and thereafter continues and
<br /> completes al!reasonable and necessary steps sufficient to produce complian�e as svon as re�sanahly practi�al.
<br /> RIGHTS AND REIIAEDIES QN DEFAULT. ff an E►►ent o# Default o�curs under this Deed of Trust, at any ttme thereafter,
<br /> Trustee vr Lender may exercEse any vne or more of the fol#owing rights and rem�dies;
<br /> Acceleretion Upon Defeuit: Additionel Remedies. if any E�ent af Defau�t vccurs as per the terms of the Note
<br /> secured hereby, Lender may declare all Indebtedness secured by this Degd❑f Trust to be du�and payable and
<br /> the same shal�thereupon become due and payable without any presentment,dsmand, protest�r notice o�any
<br /> kind. Th�reafter, Lender may:
<br /> �a� Either in psrson ar by agent, with or withvut hringing any action ar prviceeding, vr by a rec�i►►�r
<br /> appointed by a court and withaut regard to the adequacy af its securtty, enter upon and take poss�ssion
<br /> of the Property, or any part thereof, in�ts own name or in the name of Trustee, and dv any a�ts which i�
<br /> deems necessary vr desirable to preser�e the�a�ue, marketabili�y or rentability�f#he Property, or part af
<br /> the Prvperty �r interest in th� Praperty; in�rease the income frvm the Property or pr�tec#the security of
<br /> the Property; and. with vr without taking possessi�n of the Property. sue for ❑r otherwise callect the
<br /> rents, issues and profits ❑f the Property. including those past due �nd unpaid, and app�y the sam�, less
<br /> costs and expenses❑f operation and collection attvrneys' tees, to any indehtedness secured by this Deed
<br /> of Trust, al! in such order as Lender may determine. The enter�ng upon and taking possession of the
<br /> Property. the cofl�ction of such r�nts, issues and profits. and ths applicativn thereof shs�fl not cure ar
<br /> wai�� any default or natice o�defauit under this aeed of Trust or in�afidate any act done in r�sponse to
<br /> such defauft vr pursuant to such notEce�f default; and. natwithstanding the�ontinuance in pvssessivn vf
<br /> the Property or the collectian, receipt and application of rents. issues or profits, Trustee a� Lender shall
<br /> he ent�tled tv exercise e�ery right prv�ided for in the Note or the Related Documents vr by law upan the
<br /> occurren�e of any e�ent of default. includ+ng the righ��o exercise the power of sale;
<br /> �bf �t�mmence an acti�n ta farecl�se this ❑e�d ❑f Trust as a mvrtgage. appaint a rec�i�er or spe�ifically
<br /> �n#or�e any of the�v�enants hereof; and
<br /> tc� DelE�er to Trustee a written declaration of default and demand for sa��and a written notice af defauft
<br /> and efectian to cause Trustar's interest in the Property to he sold. which notice Trustee shall �ause to be
<br /> duly filed for record in the apprvpriate vffices of the County in which the Praperty is Iocated; and
<br /> {dy With respe�t to all or any part❑f the Persvnal Property, Lender shall ha�e ail the rights and remedies
<br /> of a secured party under the Nebraska Uniform�ommercial�ode.
<br /> Fareclvsure by Pvwer of Sale. If Lender elects t�farec�ose hy exercise vf the Power❑f 5ale herein c�ntained,
<br /> Lender shall nvtify Trustee and shall deposit with Trustee #his Deed vf Trust and the Note and su�h recsipts
<br /> and e�idence a�expenditures made and secured by this Deed of Trust as Trus�ee may requfre.
<br /> �a� Upvn receipt❑f such notice frvm Lender, Truste�shall cause tv be recorded, published and deli�ered
<br /> to Trustor such Natice of Default and Notice of Sale as #hen required by law and by this Deed vf Trust.
<br /> Trustee shall, withaut demand on Trustor, after such time as may then be required by law and after
<br /> re�ordativn o#such Notice o#Default and after Notice o#5ale ha��ing been gi�en as required by law, sell
<br /> ths Prvperty at the time and place of sale #ixed by it in such Notice of Sale. eithsr as a whvle, or in
<br /> separate Iots or parcels vr items as Trus#ee shall deem expedient, and in such�rder as it may determine,
<br /> at puhiic auction to the highest b�dder for cash in �aw#ul money af the United 5tates payable at the time
<br /> vf sal�. Trustes shall deli�er ta such purchaser or purchasers thereof its g��d and sufficient deed ar
<br /> deeds con�eying the prop�r�y sa sold, but without any cv�enant or warranty, sxpress or implied. The
<br /> rec�tals in such deed of any matters or facts shall he cvnclusi�e proof of the truth#ufness thereof, Any
<br /> person. in�luding without lim�tation Trustor,Trustee,or Lender, may purchase a#such sale.
<br /> �by As may be permitted by law, after deducting all costs, fees and expenses of Trustee and v# this
<br /> Trust, including costs of e�idence of titl�in conne�tion with sale,Trustee shal�app�y the proceeds of saie
<br /> to payment o# �if all sums expended under the terms of this Deed of Trus#or under the terms�f the Note
<br /> nflt then repaid, including but not limited tv accrued interes# and late ch�rges. tiif all ather sums then
<br /> secured hergby,and 4iFF� the remainder, i�any. tv the person or pers�ns legally entitled thereta.
<br /> �Cf Trustes may in the manner pro�ided by law postpone sale of a!!or any partivn of the Pr�perty.
<br /> Remedies Not Exclusi�e. Trustes and Lender, and ee�h of them, sha�l be entitled to enforce payment and
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