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� DEED OF TRUST 9 9 110 4 41 Page 4
<br /> (Continued)
<br /> rerecorded,as the case may be,at such times and in such offices and places as Lender may deem appropriate,any and all such mo�tgages,
<br /> deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of further assurance,
<br /> certificates,and other documents as may,in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete,perfect,
<br /> continue, or preserve (1) Trustor's obligations under the Note, this Deed of Trust, and the Related Documents, and (2) the liens and
<br /> security interests created by this Deed of Trust on the Property,whether now owned or hereafter acquired by Trustor. Unless prohibited by
<br /> law or Lender agrees to the contrary in writing,Trustor shall reimburse Lender for all costs and expenses incurred in connection with the
<br /> matters referred to in this paragraph.
<br /> Atlorney-in-Fact. If Trustor fails to do any of the things referred to in the preceding paragraph, Lender may do so for and in the name of
<br /> Trustor and at Trustor's expense. For such purposes, Trustor hereby irrevocably appoints L.ender as Trustor's attorney-in-fact for the
<br /> purpose of making, executing, delivering, filing, recording, and doing all other things as may be necessary or desirable, in Lender's sole
<br /> opinion,to accomplish the matters referred to in the preceding paragraph.
<br /> FULL PERFORMANCE. If Trustor pays ali the Indebtedness when due,and otherwise performs all the obligations imposed upon Trustor under
<br /> this Deed of Trust, Lender shall execute and deliver to Trustee a request for full reconveyance and shall execute and deliver to Trustor suitable
<br /> statements of termination of any financing statement on file evidencing Lender's security interest in the Rents and the Personal Prope�ty. Any
<br /> reconveyance fee required by law shall be paid by Trustor,if permitted by applicable law.
<br /> EVENTS OF DEFAULT. At Lender's option,Trustor will be in default under this Deed of Trust if any of the following happen:
<br /> Payment Default. Trustor fails to make any payment when due under the Indebtedness.
<br /> Break Other Promises. Trustor breaks any promise made to Lender or fails to pertorm promptly at the time and strictly in the manner
<br /> provided in this Deed of Trust or in any agreement related to this Deed of Trust.
<br /> Compliance Default. Failure to comply with any other term,obligation,covenant or condition contained in this Deed of Trust,the Note or in
<br /> any of the Related Documents. If such a failure is curable and if Trustor has not been given a notice of a breach of the same provision of this
<br /> Deed of Trust within the preceding twelve(12) months,it may be cured (and no Event of Default will have occurred) if Trustor, after Lender
<br /> sends written notice demanding cure of such failure: (a)cures the failure within ten(10)days;or (b)if the cure requires more than ten(10)
<br /> days, immediately initiates steps sufficient to cure the failure and thereafter continues and completes all reasonable and necessary steps
<br /> sufficient to produce compliance as soon as reasonably practical.
<br /> Defauli on Other Payments. Failure of Trustor within the time required by this Deed of Trust to make any payment for taxes or insurance,or
<br /> any other payment necessary to prevent filing of or to effect discharge of any lien.
<br /> False Statements. Any representation or statement made or furnished to Lender by Trustor or on Trustor's behalf under this Deed of Trust,
<br /> the Note,or the Related Documents is false or misleading in any material respect,either now or at the time made or furnished.
<br /> Defective Collateralization. This Deed of Trust or any of the Related Documents ceases to be in full force and effect(including failure of any
<br /> collateral document to create a valid and perfected security interest or lien)at any time and for any reason.
<br /> Death or Insolvency. The death of Trustor, the insolvency of Trustor,the appointment of a receiver for any part of Trustor's property, any
<br /> assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or
<br /> insolvency laws by or against Trustor.
<br /> Taking of the Property. Any creditor or governmental agency tries to take any of the Property or any other of Trustor's property in which
<br /> Lender has a lien. This includes taking of, garnishing of or levying on Trustor's accounts with Lender. However, if Trustor disputes in good
<br /> faith whether the claim on which the taking of the Property is based is valid or reasonable, and if Trustor gives Lender written notice of the
<br /> claim and furnishes Lender with monies or a surety bond satisfactory to Lender to satisfy the claim,then this default provision will not apply.
<br /> Breach of Other Agreement. Any breach by Trustor under the terms of any other agreement between Trustor and Lender that is not
<br /> remedied within any grace period provided therein, including without limitation any agreement concerning any indebtedness or other
<br /> obligation of Trustor to Lender,whether existing now or later.
<br /> Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor,endorser,surety,or accommodation party
<br /> of any of the Indebtedness or any guarantor,endorser,surety,or accommodation party dies or becomes incompetent,or revokes or disputes
<br /> the validity of, or liability under, any Guaranty of the Indebtedness . In the event of a death, Lender, at its option, may, but shall not be
<br /> required to, permit the guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to
<br /> Lender,and,in doing so,cure any Event of Default.
<br /> Insecurity. Lender in good faith believes itself insecure.
<br /> Euisting Indebtedness. The payment of any installment of principal or any interest on the Existing Indebtedness is not made within the time
<br /> required by the promissory note evidencing such indebtedness,or a default occurs under the instrument securing such indebtedness and is
<br /> not cured during any applicable grace period in such instrument, or any suit or other action is commenced to foreclose any existing lien on
<br /> the Property.
<br /> Right to Cure. If such a failure is curable and if Trustor has not been given a notice of a breach of the same provision of this Deed of Trust
<br /> within the preceding twelve(12) months, it may be cured(and no Event of Default will have occurred)if Trustor,after Lender sends written
<br /> notice demanding cure of such failure: (a) cures the failure within ten (10) days; or (b) if the cure requires more than ten (10) days,
<br /> immediately initiates steps sufficient to cure the failure and thereafter continues and completes all reasonable and necessary steps sufficient
<br /> to produce compliance as soon as reasonably practical.
<br /> RIGHTS AND REMEDIES ON DEFAULT. if an Event of Default occurs under this Deed of Trust, at any time thereafter,Trustee or Lender may
<br /> exercise any one or more of the following rights and remedies:
<br /> Acceleration Upon Default;Additional Remedies. If any Event of Default occurs as per the terms of the Note secured hereby,Lender
<br /> may declare all Indebtedness secured by this Deed of Trust to be due and payable and the same shall thereupon become due and
<br /> payable without any presentment,demand,protest or notice of any kind. Thereafter,Lender may:
<br /> (a) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court end
<br /> without regard to the adequacy of its security,enter upon and take possession of the Property,or any part thereof,in its own name
<br /> or in!he name of Trustee,and do any acts which it deems necessary or desirable to preserve the value, marketability or rentability
<br /> of the Property, or part of the Property or interest in the Prope�ty; increase the income from the Property or protect the security of
<br /> the Property;and,with or without taking possession of the Property,sue for or otherwise collect the rents, issues and profits of the
<br /> Property,including those past due and unpaid,and apply the same,less costs and expenses of operation and collection attorneys'
<br /> fees,to any indebtedness secured by this Deed of Trust,all in such order as Lender may determine. The entering upon and taking
<br /> possession of the Property,the collection of such rents,issues and profits, and the application thereof shall not cure or waive any
<br /> default or notice of default under this Deed of Trust or invalidate any act done in response to such default or pursuant to such
<br /> notice of default; and, notwithstanding the continuance in possession of the Property or the collection, receipt and application of
<br /> rents, issues or profits, Trustee or Lender shall be entitled to exercise every right provided for in the Note or the Related
<br /> Documents or by law upon the occurrence of any event of default,including the right to exercise the power of sale;
<br /> (b) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver or specifically enforce any of the
<br /> covenants hereof;and
<br /> (c) Deliver to Trustee a written declaration of default and demand for sale and a written notice of default and election to cause
<br /> Trustor's interest in the Property to be sold,which notice Trustee shall cause to be duly filed for record in the appropriate offices of
<br /> the County in which the Property is located;and
<br /> (d) With respect to all or any part of the Personal Property,Lender shall have all the rights and remedies of a secured party under
<br /> the Nebraska Uniform Commercial Code.
<br /> Foreclosure by Power of Sale. If Lender elects to foreclose by exercise of the Power of Sale herein contained, Lender shall notify
<br /> Trustee and shall deposit with Trustee this Deed of Trust and the Note and such receipts and evidence of expenditures made and
<br /> secured by this Deed of Trust as Trustee may require.
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