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2� 17���9�
<br /> DEEa �F TF�UST �
<br /> �Continuesi� Pege 5
<br /> Defecti�e Collatar�lizetion. This Deed of Trust or any of the Related Documgnts ceases to be in �ull force and
<br /> ef#ect tincluding �ailure of�ny collateral document to create a �alid and perfected security in#erest or li�ny at any
<br /> time and for any reason.
<br /> Death vr Insol�ency. The dissvluti�n ❑f Trust�r's �regardless af whether electian to continue is made�, any
<br /> member withdraws �rvm the limited liability campany, �r any o#her termination vf Trustor's exist�nce as a going
<br /> business o� the death o� any memher, the insol►►ency of Trustor, the appvintment of a recei�er f8r any part of
<br /> Trus�ar's property, any assignment for ths benefit of creditors, any type o# �reditor workvut, or the
<br /> �vmmen�ement o#any proceeding under any bankruptcy ar insal�ency I�ws hy or against Trustor.
<br /> Creditor or Forfeiture Proceedings. Cvmmencement a# #vreclosure ar #or#eitu�� prace�dings, whether by jud'rcial
<br /> proceeding,seff-help, repossession or any other method, by any creditvr of Trustor vr by any go�ernmental agency
<br /> against any praperty securing the Indebtedness. Th�s includes a g�rnishment of any of Trustor's accounts,
<br /> inciuding deposit accounts, with Lender. Howe�er, this E�ent of flefault shall not apply if ther� is a good f�ith
<br /> dispute by T�ustor as to the �alidity or reasvnableness of the ciaim whi�h is the basis of the creditor or forfeiture
<br /> proceeding and if Trustor gi�es Lender written notice of the creditor or for#eiturs prviceeding and deposits with
<br /> Lender mvnies or a surety bond far the creditor or forfeiture proceeding, in an amvunt determined by Lender, in its
<br /> svle discretion, as being an adequate reser�e vr bond for the dispute.
<br /> Brea�h vf�ther Agrrement. Any breach by Trustor under#he terms of any athe�agreement between Trustar and �
<br /> Lender that is no� remedied within any grace per�ad pra�ided therein� including without limitation any agreement
<br /> conc�rning any indebtedness or ather abligat+on vf Trustor to Lender, whether existing now or iater.
<br /> E�ents A##e�#ing Guarantor. Any of the prec�dtng e�ents a�curs with respect to any guarantor, endorser, sursty,
<br /> or accommodativn party of any of the Indebtedness ar �ny guarantvr� endarser, surety, or a�cammodatian party
<br /> dies vr becomes incampetent, ar re�okes or dispute� the �aiidity of, or liahility under, any Guaranty of the
<br /> indebtedness.
<br /> Ad�srse Ch�nge. A material ad�erse change oc�urs in Trus#or's financia! condition, or Lender belie�es the
<br /> prospect of payment vr perfvrmancg o##h� Indeb�edness is impaired.
<br /> Insacuri#y. Lgnder in good faith b�lie�es itself insecur�.
<br /> , Right to Cure. I#any defaul�. ather than a def�u�t in paymsnt, is curable and if Trustvr has nvt heen gi�en e noti�e
<br /> o#a brea�h of the same prv�ision of this Deed of Trust within the preceding twel�e �12f months, it may be cured if
<br /> Trustar, after Lender sends written noti�e to Trustor dem�nding cure of such defauit: (1 f curss the default within
<br /> twenty �2D� days; or �Zj i# the cure requires more than twenty �2�� days, immediately init�ates steps wh�ch
<br /> Lender deems in Lender's sale discret+on to bs suf#i�ient ta cure the default and thereafter continues and
<br /> completes al� reasonabls�nd ne�ess�ry steps suf�E�ient to produce complian�e as soon as reasonahly practicai,
<br /> RIGHTS AND REMEDIES �N DEFAULT. If an E�ent o� D�#ault occurs under this Deed of Trust� at eny time thereafter,
<br /> Trustee or Lender may exercise any one or mars of the�ollowing rights and remedies:
<br /> Accalaretivn llpan Defeult; Additional Ramedies. If any E�ent af ❑e#ault occurs as per thg terms �f the No#e
<br /> secured hereby, Lender may declare a!I Indebtedness se�ured by this Deed of Trust to b8 due and payehle and
<br /> the same shall thereupon hecome due and payahle withvu#eny presentment. demand, protest or notice of any
<br /> kind. Thereafter� Lender may:
<br /> {a� Either in person or hy agent, with vr without hringing any action ❑r prviceeding, or by a recei�er
<br /> appvinted by a court and wi�h�ut regard to the adequacy vf its security, enter upon and t�ke possessivn
<br /> of the Praperty,or any part thereof. in its awn name vr in the name of T�ustee, and da any acts which it
<br /> deems necessary❑r desirahl�to preser►►e the►►alue. marketability or rentability o#the Praperty, or part of
<br /> the Property or interest in the Proper�y; increase the income from the Prvperty or protect the security of
<br /> #he Property; and. with or wFthvu# taking possession of the Property� sue for ar atherwise col�ect the
<br /> rents. issues and profits of the Property, including those past due and unpaid, and apply the same, less
<br /> cos#s and expenses of operativn and collection attorneys'fees,to any indebtedness secured by this Dged
<br /> afi Trust, al! in such vrder es Lender may determine. The entering upon and taking possession of the
<br /> Property. the collection of such rents, issues and profits. and the �ppli�ativn thefeof shall not cure or
<br /> wai�e any defiault ar n�#ic� of default under this Deed of Trust or in�alidate any act done in response to
<br /> such default ar pursuant ta such notice vf defauit; and, notwithstand�ng the continuan�e in possession of
<br /> th� Property or the collec#ion� receipt and appficatian of rents, issues or profits, Trus#ee or Lender shall
<br /> b�entEtled to exer�tse��ery right pro�ided for in the Nvte or the Rel�ted Documents or by law upon the
<br /> occurren�e of any e�ent vf default� including the right tv exe�cise the power of sale;
<br /> �b} Commence an actian t❑foreclvse this Deed o#Trust as a mvrtgage, appoint a recei�er or specifically
<br /> e n#orce a ny of the co�enants hereof; a nd
<br /> �cy De�i�er to Trustee a written declaration of defauit and demand for s�le and a written notice vf default
<br /> and electian to cause Trustor's interest in th� Pr�perty to be sald, whi�h notice Trustee shall cause to be
<br /> dufy filed fvr r�cvrd in the appropriate offices of#he Coun#y in which the Prvperty is Ivcated; and
<br /> �dj INith respe�t to all ar any pert af the Persvnai Praper#y, Lender shail ha�� ali the rights and remedies
<br /> of a secured party under the Nsbr�ska Unifarm Cammercial Code.
<br /> Foreclvsure by Power vf Sale. If Lender ele�ts to forec�ose hy exercise o#the Power af 5ale h�rein cvntaingd,
<br /> Lender sh�ll notEfy Trustee and shall depvs�t with Trustee this Deed v#T�ust and the Note and such receipts
<br /> and e�idence vf expend�tures made and se�ured by this Deed vf Trust as Trustee mey rsquife.
<br /> �a� lJpon re�eipt af such natice from Lender, Trustee shall cause ta be recorded� pubiished and deli�ered
<br /> tv Tfustfl� such Notice o# De#ault and Nflti�e of Sale as then required hy law snd by this aeed vf Trust.
<br /> Trustee shali, withvut demand on Trus�ar, after such time as may then be required by law and aft�r
<br /> rec�rdati�n of such Noticg of Default and af#er Notice of Sale ha�ing heen gi�en as required by �aw, sell
<br /> the Property at the time and p�ece of sele fixed hy it in such Notice af 581e. either �s a whole, or in
<br /> sepa�at� Iots or parcels or it�ms as Trustee shall deem expedient. and in such vrder as it may determine,
<br /> at public auc#ion to the highest bidder#or cash in lawful money of ths United Stat�s p�yable et the time
<br /> vf sale. Trustee sh�l! defi�er to such purchaser �r pur�hesers thereof its good and suf#i�ient deed ❑r
<br /> d�eds con�eying the prnperty so sold, but v+►ithout any co�enant or warranty. express or implied. The
<br /> recitals in su�h de�d of any matters or �acts shall be cvnclusi�g pronf of�#he truth#ulness therevf. Any
<br /> persvn, including without limitativn Trustor,Trustee,or Lender. may purchase at such sale.
<br /> �bj As may be permitted by law, after deducting all costs, fees and expenses of Trustee and of this
<br /> Trust, including costs of e�idence of title in connectivn with sale,Trustee shafl apply the proceeds o�sale
<br /> �o payment of �i� all sums expended under the terms o#this fleed of Trust or under the terms of the Note
<br /> nvt then repaid, including but nat limited ta accrued interest and �a�e charges, �iiy all ❑ther sums then
<br /> secured hereby, and (iiij the r�mainder. if any, to the persvn or persans iegally entitled thereto.
<br /> �cj Trustee may in the menner prv�ided by law postpone sale o#al!or any portion of the Proper#y.
<br /> Remedies Nvt Exclusi►►e. Trustee �nd Lender, and each a# them, shall be enti#led to enfvrce payment and
<br /> performance of any indebtedness of vb�igetions secured by this Deed af Trust and tfl exercise all rights and powers
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