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2� 17� 1574
<br /> DEED �F TFiUST
<br /> �Cantinued� Page �
<br /> time and fvr any reason.
<br /> Death ar Inso�rrency. The dissolution of Trus�or's 4regarclless of whether e�e�tion to cvn�inue is made�, any
<br /> member withdraws from the limited liab�lity company, nr any ❑ther termination ❑f Trustar's existence as a going
<br /> business or �he death of any member, the insol�ency of Trustv�-, the appointmen� of a �ecei�er fo� any par� of
<br /> Trusto�'s prvperty, any assignment �ror �he benefi� of cr�d�tors, any type vf creditor workout, or the
<br /> �ommencement a�any praceeding under any bankrup�cy ar insol�ency laws by or against T�ustor.
<br /> Creditor ❑r Fvrfei�ure Praceedings. Commencement of fv�eciosure ❑r forfeiture proceedings, whether by judi�ial
<br /> proce�ding, self-help, repossession ar any othe� methvd, by any creditor of Trustv��r by any go�ernmenta! agency
<br /> against any property securing the Indebtedn�ss. This includes a garnishment of any ofi Trustor's accaunts,
<br /> including deposit accounts, with Lender. Hawe�er, this E��nt �f Default shall not apply i� there is a g�od �Fai�h
<br /> dispu�te by Trustor as �o the �alidity or r�asonableness of the claim v►►hich is the basis of the �redi�vr or far�eiture
<br /> proceeding and if Trustor gi�es Lend�r written notice of the cr�ditvr or �arfeiture proce�ding and deposits with
<br /> Lender monies or a surety bond fv�the credi�or or forfeiture p��ceeding, in an amoun�determined by Lender, in its
<br /> svle discr�tion, as being an ade�uate reser�e or band #or the dispute.
<br /> Breach vf�ther Agreement. Any breach by Trustor under the fierms of any oth�r agreement between Trust�r and
<br /> Lender �hat is not remedied within any grace period prv�ided the�-ein, including wi�hout limifiation any agreemen�
<br /> con�erning any indebtedness or other obligation o#Trus�or�to Lender, whethe�existing now or later.
<br /> E�ents Affecting Guaran�ar. Any of the preceding e�en#s occurs with r�spect to any Guarantar of any o� the
<br /> Indebtedness or any Guarantor dies ❑r �ecomes ir�cvmp�tent, vr r�vokes or d�sputes the �a�idi�y vf, Qr liahiiity
<br /> under, any Guaranty of the �nd�htedness.
<br /> Ad�erse Change. A ma�eria[ ad�e�-s� chang� �ccurs in Trus�tar's #inancial candition, or Lend�r belie�es the
<br /> prvspe�t of payment or performanc�vf the �nde�tedness is impa�red.
<br /> Insecurity. Lender in good fai�th belie�es itself ins�cure.
<br /> Right�o Cure. 1f any default, vther than a default in payment, is curable and if Trustvr has nat been gi�en a notice
<br /> of a br�ach of�he same pro�ision of this Deed��Trust within the preceding twe[�e t 1�� months, it may be cured i�
<br /> Trustor, a�ter Lend�r sends written notice to Trustflr demanding cure�f such default: ��� cures the default with+n
<br /> tv►►enty t2�� days; or �2� if the cure requires mare �han twenty 42�} days, immediately �nitiates s�eps whi�h
<br /> Lender deems in Lender's soie discretivn to he sufficient to cure �he default and thereafter cvntinues and
<br /> cvmpfetes all reasanable and necessary steps su#�icient to produce cvmplian�e as soon as r�asonably pract�ca�.
<br /> RIGHTS AND REMEDIES �N DEFAIJLT. !f an E�ent of Default ❑ccurs under th�s ❑eed of Trust, at any tim� thereafter,
<br /> Trustee or Lender may exer�ise any vne or mvre af the fallowing rights and remedies:
<br /> Acc�lsra#ivn Upon Default; Additivnal Remedies. lf any E�ent ❑� Defiaul�occurs as per the terms ofi the Note
<br /> secured hereby, Lender may de�lare all lndebtedness secured f�y this Deed a�Trust to be due and payable and
<br /> the same shall thereupon b�come due and paya�le with�ut any presen�ment, demand, pratest or na�ice of any
<br /> kind. Thereafter, Lender may:
<br /> �a} Either in person or by agent, with vr without bringing any action or praceeding, or by a recei��r
<br /> appainted by a �aurt and without regard to the adequacy of its s�curity, en�er upon and take passessian
<br /> �f the P�oper�y, or any par�thereo�, in its own name or in the nam� o�Trustee, and dv any a�ts which ��
<br /> deems necessary or desirable to preser�e the�alu�, marketability vr rentability of�he Property, or part of
<br /> the Property or int�rest �n the Prope�ty; �ncreas� the income #rom the Prvperty or pro�eGt the securi�y af
<br /> the Property; and, wi�h vr without taking possessian of the Property, sue for or o�herw�se collect the
<br /> rents, issues and prvfits of the Prvper�y, inciuding those past due and unpaid, and apply th� same, fess
<br /> costs and exp�nses of operation and calleGtivn attorneys' fees, �o any indebtedness secured by this Deed
<br /> o� T�ust, all in such order as Lender may determine. The entering upvn and taking possession of the
<br /> Property, the callec�ivn o� such ren�s. l551.l�S and profits, and th� applicatian �hereof shail no� cure vr
<br /> waiWe any de�auit or not�ce o�defaul# under this Deed vf Trust or in�alidate any ac�dvne in response to
<br /> such defau�t or pursuant t�such notice vf de�aul�; and, natwithstanding the con�inuance in possession vf
<br /> �he Property or �he col�ection, re�eipt and applicatian of rents, �ssues or profits, Trustee or Lender shalf
<br /> be en�itled ta exercise e�ery right pro��ded for 6n the N�te o� the Related Dv�uments or by law upon the
<br /> occurrence of any e�ent�#�default, �nciuding the right to exercise the pQwer of sale;
<br /> 4b� Commence an action to�ore�l�s�this Deed v�Trust as a martgage, appoint a rec���er ar speci�ically
<br /> enforce any of the co�enan�s hereo�; and
<br /> {c� De[��er to Trustee a wri��en declarativn of default and demand f�r sale and a written notice o�defaul�
<br /> and election to �ause Trustor's interest in the Prvperty t❑ be sold, which no�i�e Trustee shall caus�to be
<br /> duly f�E�d�or record in the appropriate vffices of the County in which the Property �s located; and
<br /> 4d} Wi�h respect to al� or any part❑�the Persona� Property, Lender shal� ha�e all the �ights and r�medies
<br /> of a secur�d par�y under the Nebraska Uni#orm Commercial Cade.
<br /> Foreclvsure by Powe�vf Sale, If Lender elects�o fvreclose by exercise ot the Power o�Sale herein contained,
<br /> Lender shafl notify Trustee and sha[L deposit wi�h Trust�e �his Deed of Trust and the Note and su�h receipts
<br /> and e�idence of expenditures made and secured by this ❑eed of Trust as Trustee may require.
<br /> �a} upon receipt of such notice from Lender, Trustee shall cause�o be recvrded, published and deli�ered
<br /> to Trustvr such 1Vot�ce of Default and Notice af Sale as �hen required by law and by this Deed o�r Trus�.
<br /> Trustee shall, withou� demand on Trustor, after such time as may #hen be required by law and af�er
<br /> recordation �f such Notice of Default and afiter Notice of Sale ha�ing been gi�en as required by law, sell
<br /> the Prop�r�y at �he time and pface o� sale fixed by it in su�h Natice vf Sale, either as a whvle, or in
<br /> separat� lots ar parcels ar�tems as Trus�ee sha�{ de�m expedient, and in such ord�r as i�may determine,
<br /> a� public auction �a th� highest b�dder far cash in lawful m�ney of the lJnited Sta�es payab�e at the time
<br /> of safe. Trustee shall deli�er to such purchaser or purchasers �hereaf i�s good and sufficient deed or
<br /> deeds con�eying the property so sa�d, but without any �o�enant or warranty, express or implied. The
<br /> r�citals in such deed o# any matters vr �Facts shaf[ be canclusi�e proaf o� #he truthfulness therev�. Any
<br /> persvn, including w�thout�imi�ativn Trustar, Trustee, �r Lender, may purchase at such sa1e.
<br /> �b} As may be permitted by law, after deduc�ing a[� costs, fees and expenses of Trustee and of this
<br /> T�us�, including �osts v�e�idence ofi tit�e in connectivn with sale, Truste�sha�l apply the proceeds of sa�e
<br /> ta payment o� �i) all sums expended under the terms o�this ❑eed of Trust ar under the terms of�he Note
<br /> nat then repaid, incfuding but not limited to accrued interest and late charges, �iiy al[ vthe� sums then
<br /> s�cured he�e�y, and �iiij the remainder, if any, �o the person ar persvns �egally entitled thereto.
<br /> �cf Trustee may in�he manner pro�ided by law pastpane sa�e o#all or any portion of the Prap�rty.
<br /> R�medies Not Excius�►►e. Trustee and Lender, and each of �hem, sha�i be en�itf�d to enforce payment and
<br /> per#armance of any indebt�dness or ab[�gations secured by�kh�s Deed o�Trust and to exercise all rights and powers
<br /> under this Deed vf Trust, under the Nate, under any of the Rela�ed Dv�uments, or under any other agreement or
<br /> any laws now vr hereafiter in far�e; natwithstanding, som� or a�� of such indebtedness and ohligations secured by
<br /> this D�ed of Trust may now or hereafter be otherwise secured, whe�her by m�rtgage, deed o�trust, piedge, fien,
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