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2� 17�2558
<br /> DEED �F TRUST
<br /> ��ontinued� Page 5
<br /> time and�Far any reason.
<br /> Dea�h or Inso��ency. The dissolution of Trustor's tregardless o� whether eiection to continue f5 made�, any
<br /> membe� withdraws �rom the limi�ed liability �vmpany, or any o�her t�rmination o# Trustor's �xisten�e as a going
<br /> business or �he d�ath of any member, the insvlvency o# Trustor, the appointm�n� of a recei�er for any part of
<br /> Trus�or's property, any assignment for the hene�it of cred�tors, any type of credi�or workout, or the
<br /> commencement of any proceeding under any bank�uptcy or insv��ency laws by ar against Trustor.
<br /> Creditor vr For#e�ture Procesdings. Commencement af foreclosure or forfeitu�e proceedings, wheth�r by judicial
<br /> pro�eeding, sel�-help, repossessivn vr any ��her method, by any credi�vr o�Trustor vr by any gv�ernmental agency
<br /> against any property securing the [ndehtedness. This inc�udes a garn�shmen� af any vf Trustor's accounts,
<br /> in�luding depos�t accounts, with Lender. Howe�er, this E�ent of Default shall not apply i# there is a gvod �aith
<br /> dispute hy Trustor as to the �alidi�y �r reasanableness ❑f the claim which is the basis �f the creditQr or forfeitur�
<br /> pro�eeding and i� Trustor gi�es Lender wri��en nofiice of the credi�or or far�eiture p��c�eding and deposits with
<br /> Lender rnonies or a surety bond for the creditor or forfei�ure proceeding, in an amvunt determined by Lender, in its
<br /> sole discre�ion, as being an adequat� reser�e or bond far�he dispute.
<br /> Breach vf Dther Agreement. Any breach by Trustar under the �erms of any other agreement between Trustor and
<br /> Lender tha� is not remedied within any gra�e periad pro�ided therein, includ�ng without limitati�n any agreement
<br /> conc�rning any indebtedness ar oth�r abligation of Trustor to Lender, whether existing now or lat��.
<br /> E�ents Affec#in� Guarantvr. Any o� the pre�eding ��en#s occurs with respect tv any Guarant�r of any o� the
<br /> Indebtedness or any Guaran�or dies or hecomes incompetent, or re�okes or disputes the �alidity of, or liability
<br /> under, any Guaran�y af the lndebtedness.
<br /> Ad�erse Change. A ma�erial ad�erse change occurs �n Trustor's financial �ondition, or L�nd�r belie�es the
<br /> p�aspec�of payment vr performance vfi the Indebtedness is impaired.
<br /> �nsecurity. Lender�n good faith belie�es itse��insecure.
<br /> R�ght to Cure. If any default, other than a defaul�in payment, is curabfe and if Trustvr has nat been giv�n a no�ice
<br /> o�a lareach of�he same prv�ision❑#this �eed of Trust within the preceding�wel�e 41�} months, �t may be cured if
<br /> Trus�or, after Lender sends written notice to Trus�or demanding cure o�such defauit: ��y cures the defau�t within
<br /> twen�y �24} days; ar ��� if the cure requires more than �wenty {��� days, �mmediately initia�es steps which
<br /> Lender deems in Lender's sole discretion �o be sufficient to cure the default and thereafter continues and
<br /> completes all r�asonable and ne�essary s�eps su���cient�� produce compliance as soon as reasonably prac�i�a{.
<br /> Rl�HTS AND REMEDIES �N DEFAULT. If an E�ent af Default occurs under this Deed o�Trus�, at any time therea�ter,
<br /> Trus�ee�r Lende� may exe�cise any ane or more❑#�he follow�ng rights and remedies:
<br /> Acceiera�ion Upon ❑e�auit; Additivnal Remedies. l�any E�ent of Default occurs as p�r the t�rms ❑f the No�e
<br /> secured he�eby, Lende�may dec�are a11 I ndebtedness secured by�his Deed of Trust to be d ue and payable and
<br /> th� same shal�thereupon becom�due and payable without any presentment, demand, pro�es�or notice af any
<br /> kind. Ther�after, Lender may:
<br /> �a� Either in person or by agent, with vr wi#haut b�inging any action or prviceeding, �r hy a recei�er
<br /> appainted hy a court and without regard �o�he adequacy of its security, ente�upvn and �ake passessian
<br /> o�the Praperty, or any part there��, in its own nam�or in�he name of Trustee, and d❑ any a�ts which it
<br /> deems n�c�ssary or desirable to preser�e the �aiue, marketability or rentahility of the Prvperty, ar par�vf
<br /> the Prope�ty �r interes� in the Property; incr�ase the income �rar� th� Property ar protect the security o�
<br /> the Praper�y; and, with or without taking pvssessivn of the Property, sue for or otherwise collect the
<br /> rents, issues and profits af the Property, including th�se past due and unpaid, and apply th� same, l�ss
<br /> costs and expenses o�f�peration and G�Ifection attorneys' fees, t� any indebtedness secur�d by this De�d
<br /> of Trus�, all in such arder as Lender may de�ermin�. The entering upon and taking possession �f the
<br /> Property, the colleGtion o# such rents, issues and profits, and �he application thereof shaf� nv� cure or
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<br /> wai�e any de�aul�or natice �f default under this Deed �f Trust or in�alidate any a�t done in resp�nse �o
<br /> such default vr pursuant tv such notice vf de�ault; and, notwithstanding �he con�inuanc� in passession of
<br /> �he Property vr th� collection, re�eipt and appl�cation of rents, issues or profits, Trustee or Lender shall
<br /> be en�itled �o exer�ise e�ery right pro�ided for in the No'te ❑r the f�elated Documents ❑r by law up�n the
<br /> o�currence of any e�ent o#default, including the right�a exercise the power of sale;
<br /> �b� Comm�nce an action to foreclose this ❑eed of Trust as a martgage, appoint a recei�er or specifi�ally
<br /> � enforce any of the �o�enants hereo�; and
<br /> 4c� Deti�er to Trustee a written declaration o�default and demand for sale and a written notice of default
<br /> and e�ection to cause Trustor's interest in�he Property�o be sold, which noti�e Trustee shal� cause to be
<br /> duly filed #vr record in the appropria�e offi�es of the Caunty in which the Property is lacated; and
<br /> td� Vllith respect to all ❑r any part af the Personal ProQerty, Lender shall hav� ail the rights and rem�dies
<br /> of a secured pa�ty under the Nebraska Uniform Commercial Cod�.
<br /> Foreclosure by Power vf Saie. !#Lender elects tv forec�ose by exerc�se o#�he Power vf Sal� her�in�ontained,
<br /> Lender shall notify Trus�ee and shall deposit wi�h Trustee this Deed o�Trus� and the Note and such re�eipts
<br /> and e�idence of exp�ndi�ur�s made and secured by this Deed of Trust as Trus�ee may �equire.
<br /> {ay Upan receipt of such nvtice�rom Lender, Trustee shall cause to �e recorded, published and deli�e�ed
<br /> to Trustor such Nv�ice a� Default and Nvtice of Sale as �hen requi�ed by law and by this ❑eed of Trust.
<br /> Trust�e shalf, withou� d�mand on Trustar, after such tim� as may then be required by law and a�t�r
<br /> reca�dation ofi such N�tice of Defau�t and after Notice of 5ale ha�ing �een gi�en as required by law, se�l
<br /> the Praperty at the time and place o� sale �ixed by it in such Notice of Saie, ei�her as a whvle, or in
<br /> separa�e �o�s or par�els o� items as Trustee shal[ deem expedient, and in such order as it may de�ermine,
<br /> at pubiic auction to the highest bidder f�r cash �n law�ul money o#the United States payable at the tim�
<br /> of sale. Trustee shall deli�er to such purchas�r or purchasers thereof its g�od and sufficient de�d or
<br /> deeds cvn�eying the property so so[d, but wi�haut any co�enant or warranty, express or implied. The
<br /> re�ita�s in such deed of any ma��ers or facts shall be conclusi�e proof of th� �ruthfulness thereof. Any
<br /> pers�n, including without[imita�ion Trustor, Trus�ee, or Lender, may purGhase at such sal�.
<br /> {by As may he permit��d by [aw, after deducting a�I G�sts, �ees and expenses o�F Trustee and vf this
<br /> Trust, �ncluding costs af��idence of tit�e in connection w�th sale, Trustee shall app�y the proceeds vf sale
<br /> to payment❑f �iy all sums exp�nded under the�erms o�this Deed o�Trust or under the�erms��r the Note
<br /> not then repaid, inc�uding but not limited ta accrued interest and lat� charges, 4iif all other sums then
<br /> secured hereby, and tiii� �he remainder, if any. to the pers�n or persans �egaily entit�ed thereto.
<br /> 4c� Truste� may in the manner pro�ided by law pas�pone safe of all vr any portion of the P�aperty.
<br /> Remedies Nnt Exc�usi�e. Trustee and Lender, and each v� �hem, sha�� �e entit�ed t❑ enf�rce payment and
<br /> per�ormance o#any indebtedness ar abligations se�ured by this Deed of T�ust and�o�xercise all rights and powers
<br /> und�r this Deed afi Trus�, under �he Note, under any of the Related D�cuments, or under any a�her agreement ar
<br /> any �aws n�w or herea�rfier in �orce; nvtwi�hstanding, some vr ali of su�h ind�btedness and obligati�ns secured #�y
<br /> this Deed of Trust may naw or herea�te� be otherwise se�ured, uvhether by mvrtgage, de�d of�rust, piedge, lien,
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