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2� 17� 1425
<br /> DEED DF TF�UST
<br /> tContinued} Page 5
<br /> Dsfecti�e Collateralizetivn. This D�ed ❑f Trust vr any of the Related Dvcuments ceases to be in full forc� and
<br /> e#fect tincluding failure of any collateral dacument to create a �alid and perfected security interest or lienf at any
<br /> time and for any reasan.
<br /> Death or Insol�ency. The dissolution vf Trustor's �regardless of whether election to continue fs madef, any
<br /> member withdraws from the limited liabi�Ety company, or any other t�rmina�ion af Trustor`s existence as a going
<br /> business or the death of any memher, the insol�ency o# Trustor, the appointment of a re�ei�er #or any part of
<br /> Trustvr's property, any assignment for the benefit ❑f creditars, any type of creditvr workvut. ar the
<br /> Gommencemsnt o�any prviceeding under any bankruptcy or ins�l�ency laws by or against Trustor.
<br /> �reditor vr Forfeiture Proc�edings. Commencement af foreclasura or forfeiture proceedings, whether by judicial
<br /> proc�eding,self-he�p, repossessivn or any other meth�d� by any creditor of Trustvr or by any go�ernmental ag�ncy
<br /> against any praperty securing the Indebtedness. This in�ludes a garnishment of any of Trustor's accounts,
<br /> inciud�ng depnsit accaunts, with Lender. Howe�er, this E�ent o� Default shali not apply if there is a gaod faith
<br /> dispute by Trustor as to the �alidity ❑r reasonabfeness of the claim which is the basis o�th� creditor vr forfei#ure
<br /> proceeding and if Trustor gi�es Lend�r written natice af th� creditor or forfeiture proceeding and deposits with
<br /> L�nder monies or a surety bvnd for the creditor or fvrfeiture proceeding, in an amaunt determined by Lender, in its
<br /> sole discretian, as being an adequate reser�e ar bond f�r the dispute.
<br /> Breach af�#her Agreement. Any breach by Trustor under the te�ms of any other agreement#�etween Trustor and
<br /> Lender that is not remedied within any grace period pro�ided therein, including without lim�tation any agre�ment
<br /> cvncerning any indebtedness vr other vbligation of Trustvr tv Lendec, whether existing now or later.
<br /> E�ents Affecting Guar�ntor. Any ❑f the preced�ng e�ents occurs with respect t❑ any guarantor, endorser, surety,
<br /> or accommodation party of any af the 1nd�htedness or any guarantor, endvrser, surety, or ac�vmmodation party
<br /> dies vr hecomes incompetent, or re�okes ar disputss the �alidity of, or liabi�ity under. any Guaranty of the
<br /> I ndebtedn�ss.
<br /> Ad�erse Change. A material ad�erse change occurs in Trustor`s financial condition, or Lender befie�es the
<br /> prospect of payment or perfarman�e o#the Indebtedness is impaired.
<br /> lnsecurity. Lender in goad faith belie�es itself insecure.
<br /> Right to Cura. If any default, other than a default in payment, is�urable and if Trustor has nvt been gi�en a notice
<br /> af a breach of the same pr��isian of this Deed of Trust within the preceding twsl�e �1�y months, it may be cured if
<br /> Trust�r, after Lendsr sends written notice to Trustvr demanding cure of such default: t 1 y cures the default within
<br /> twenty �2�� days; ar �2y if the cure requires more than twenty �24y days. immediately initiates steps which
<br /> Lender deems in Lender's so�e discretion tv be sufficient to �ure the default and thereafter continues and
<br /> completes all r�asonahle and necessary steps sufficient to praduce compliance as soon as reasonably practical.
<br /> RIGHTS AND REMEDIES �N DEFAULT. If an E�ent of Default oc�urs under this Deed of Trust. at any time thereafter.
<br /> Trustee or Lender may exercise any one or more vf the foilvwing rights and remedies:
<br /> Acceler�tion Upon Default: Additivnel Remedies. if any E�ent of Defauit accurs as per the terms vf the Na#e
<br /> secured hereby, Lender may de�lare all Indebtedness secured by this�eed of Trust tv be due and payable and
<br /> the same shali thereupon become due and payable withaut any presentment, demand� protest or notice❑f any
<br /> kind. Thereafter, L�nder may:
<br /> �af Ei#her in person or by agent, with or without bringing any act�vn or pro�eeding, ❑r by a re�ei�er
<br /> appoin#ed by a court and withaut regard to the adequacy vf its sscurity, enter upon and take possession
<br /> of the Prvperty, or any part thereof, in its own name or in the name of Trustee, and do any acts which it
<br /> d�ems necessary❑r desirable to preser�e the�alue, marketability or rent��i�ity of thg Property, ar part of
<br /> the Prvperty ar interest in the Property; inGrease the income frvm the Property or protect the security af
<br /> the Prvperty; and. with vr without taking possession ❑f the Rroperty. sue for or otherwise �olle�t the
<br /> rents, issues and profits of the Property, including those past due and unpaid, and apply the same, less
<br /> costs and expenses of vperation�nd callection attarneys' fees,to any indebtedness secured by this ❑eed
<br /> ❑f Trust. a�l �n such order as Lsnder may determine. The entering upvn and taking passessian vf the
<br /> Property, the cvllectEon of su�h rents, issues and profits, and the application thereaf sha�l not cure or
<br /> wai�e any d�fault or notice of default under this Deed of Trust or in�alidate any act done in response to
<br /> such default�r pursuant tv such nvtice of default; and, notwithstanding the continuance in posssssian af
<br /> the Property or the cvllection, receipt and application of rents, issues or profits, Trustee vr Lender sha��
<br /> h�entitled to exercise e�ery right pro►►ided for in the Note ar the Related Documents or by law upan the
<br /> occurrence❑f any e�ent o�defaul#, including the right to exer�ise the power of sale;
<br /> tby Commen�e an a�tivn to forgclase this Deed of Trust as a mortgage, appoEnt a recei�er or specifica!!y
<br /> enforce any of the co�enants hereaf; and
<br /> �c) �eli�er to Trustee a written declaration af default and demand f�r sele and a written notic�of defauft
<br /> and election tv cause Trus#ar's interest in the Prvperty to be sald, which natice Trustee shall cause to he
<br /> duly�iied for reGord in the apprvpriate vffices of the County in which#he Prvperty is Ivcated; and
<br /> {df VlJith respect to a�� or any part vf the Personal Property, Lender shal� ha�e all the rights and remedies
<br /> ❑f a secured party under the Nebraska lJnifo�m Commercial Code.
<br /> Fnreclosure by Pvwer o#Sale. !f Lender e�ects to fareclose by exercise of the Pawer af Sale herein cvntained,
<br /> Lender shall nvt'r�y Trustee and shali depos�t with Trustee this Deed af Trust and the Nvte and such receipts
<br /> and��idence of expenditures made and secured by this Deed of Trust as Trustee may requir�.
<br /> �ay Upon receipt o#such notice#rom Lender, Trus#ee shall cause tv he re�orded, published and del��ered
<br /> to Trustor such Nati�e ❑f ❑efault and Notice of Sal� as then required �y law and by this Deed of Trust.
<br /> Truste� shall, withau� demand �n Trustor, after such time as may then t�� required hy 1aw and after
<br /> re�ardation o#such Notice of Default and after Notice af 5ale ha�ing heen gi�en as required hy law. sell
<br /> the Prop�rty at the time and place of sale fixed by it in such Nvti�e ❑# Sale, either as a whole, ❑r in
<br /> s�parate Ivts or parcels or items as Trustee shal!deem expedient. and in such vrder as it may determine,
<br /> at public aucti�n to the highes#hidder fvr cash in lawful money of the United States payahie a�t the time
<br /> af sale. Trust�e shall de�i�er t❑ such purchaser or purchesers thereof its gvod �nd sufficient deed or
<br /> deeds con�eying the propsrty so so�d� but without �ny ca�enant or warranty, �xpress or implied. The
<br /> recitals in such deed vf any matters vr facts shalf be conclusi�� prv�f vf the truthfulness thereof. Any
<br /> persan, including without limitation Trustor�Trustee. or Lender, may purchase at such sale.
<br /> {bf As may be permitted by law, after d�du�ting all CQStS, fees and expenses of Trustee and of this
<br /> Trust. including cnsts o#e►►idence vf title in cannectivn with sale. Trustee shall apply the praceeds of sale
<br /> to payment of [i� all sums expended under the terms of this ❑eed of Trust or under the terms of the Note
<br /> no� then repaid, in�ludtng but not limited ta accrued interest an� late �harges, �iiy alf ❑ther sums then
<br /> secured hereby, and �iii� the remainder, if any, to the pefsan or persons legelly entitisd theretv.
<br /> �cf Trustee may in the manner prv�ided by law postpone sale of al�or any portion of the Prvperty.
<br /> Remedies Not Exclusi►►e. Trustee and Lender. and each of them, shall b� entitled ta enfvrce payment and
<br /> performance of any indebtedness or❑bliga�tions secured by this Deed vf Trust and to exercise all rights and pawers
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