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DEED OF TRUST
<br />Loan No: 1516640 200204121 (Cons nued)
<br />Page 4
<br />Death or Insolvency. The death of Trustor, the insolvency of Trustor, the ;ippU +fitment of a receiver for any part of Trustor's property, any
<br />assignmo-nt 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 />Creditor or Forfeiture Proceedings. Commencement of ic.reclosure o, forfeiture proceedings, whather by judicial proceeding, self -help,
<br />repossession or any other method, by any creditor of Trustor or by any governmental agency against any property securing the
<br />Indebtedness. This includes a garnishment of any of Trustcr's accounts, including deposit accounts, with Lender. However, this Event of
<br />Default shall not apply if there Is a good faith dispule by Trustur as to the willuit'y or reasonableness of the claim which is the basis of the
<br />creditor or forfeiture proceeding and if Trustor gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender
<br />mcmes or a surety bond for the creditor or forfeiture ; poceedirg, in an Lrwur,; determined by Lender, in its sole discretioo, as being an
<br />adequate reserve or bond for ft dispute.
<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 wilhin any grace period provided therein, including +vithout limitation any agreement concerning any ind,�btadress 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 cf the Indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes
<br />the validity of, or lir"'jility 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 tie 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 />Adverse Change. A material adverse change occurs in Trustor's financial condition, or Lender believes the p,nspect of payment or
<br />performance of the indebtedness is impaired.
<br />Insecurity. Lender in good faith believes itself insecure,
<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 fifteen (15) days; or (b) if the cure requires more than fifteen (15) days,
<br />immediate!y Initia!es steps sufficient to cure the failure and thereafter continues and completes all reasonable and nenessary 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 1':ind. 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 and
<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 the 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 Property; increasA 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 arrd 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 Propeny, the collection cl 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 morigag6, 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 iroperty 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. It 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 an i the Note and such receipts and evidence of expenditures made and
<br />secured by this Deed of Trust as Trustee may require.
<br />(R) Upon receipt of such notice from Lender, Trustee shall cause to be recorded, published and delivered to Trustor such Notice
<br />of Default and Notice of Sale as then required by law and by this Decd of Trust. Trustee shall, without demand on Trustor, after
<br />such time as may then be required by law and after recordation of such :Notice of Default and after Notice of Safe having been
<br />given as required by law, sell the Property at the time and place of sale fixed by it In such Notice of Sale, either as a whole, or in
<br />separate lots or parcels or Items as Trustee shall deem expedient, and in such order as it may determine, At public auction to the
<br />highest bidder for cash in lawful money of the United States payable at the time of sale. Trustee shall deliver to such purchaser or
<br />purchasers thereof its good and sufficient decd or deeds conveying the property so sold, but without any covenant or warranty,
<br />express or implied. The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any
<br />perso -, including without limitation Trustor, Trustee, or Lender, may purchase at such sale.
<br />(b) As may be permitted by law, after deducting all costs, fees and expenses of Trustee and of this Trust, including costs of
<br />evidence of title in connection with sale, 'Trustee shall apply the proceeds of sale =to payment of (i) all sums expended under the
<br />terms of this Deed of Trust or under the terms of the Note not then repaid, including but not limited to accrued interest and fate
<br />charges, (ii) all other sums then secured hereby, and (lit) the remainder, if any, to the person or persons legally entitled thereto.
<br />(c) Trustee may in the manner provided by law postpone sale of all or any portion of the Property.
<br />Remedies Nei Exclusive. Trustee and lender, and each of them, shall be entitled to enforce payment and performance of any
<br />indebtedness or obligations secured by this Deed of Trust and to exercise 'all rights and powers Under this Deed of Trust, under the Note,
<br />under any of the Related Documents, or tinder any other agreement or any !aws now or hereafter in force; notwithstanding, some or all of
<br />such indebtedness and obligations secured by this Deed of Trust may now or thereafter be otherwise secured, whether by mortgage, deed of
<br />trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of trust nor its enforcement, whether by court sctiori or
<br />pursuant to the power of sale or other powers contained in this Deed of Trust, shall prejudice or In any manner affect Trustee's or Lender's
<br />right to realize upon or enforce any other security now or hereafter held by Trustee or Lender, it being agreed that Trustee and Lender, and
<br />each of them, shal! be entitled to onforce this Deed of Trusi and any other security now or hereafter held by Lender or Trustee in such order
<br />and manner as they or either of them may in their absolute discretion determine. No remedy conferred upon, or reserved to Trustee or
<br />Lender, is intended to be exclusive of any other remedy in this Deed of Trust or by law provided or permitted, but each shall be cumulative
<br />and shall be in additior to every other remedy given in this Deed of Trust or now or hereafter existing at law or in equity or by statute. Every
<br />power or remedy given by the Note or any of the Related Documents to Trustee or Lander or to which either of them may be otherwise
<br />entitled, may be exercised, concurrently or independently, from time'to time and as often as may be deemed expedient by Trustee or Lender,
<br />and eithc, of them may pursue inconsistent remedies. Nothing in this Deed of Trust shall be construed as prohibiting Lender from seeking a
<br />deficiency judgment against the Trustor to the extent such action is permitted by law. Election by Lender to pursue any remedy shall not
<br />exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Trustor under this
<br />Deed of Trust, attar Trustor's failure to perform. Shall not affect Lender's right to declare a default and exercise its remedies.
<br />Request for Notice. Trustor, on behalf of Trustor and nder, `tetchy requests that a copy of any Notice of Default and a Copy of any Notice
<br />of Sale under this Deed of Trust be mailed to them at the addresses f -,t icrth in the first paragraph of this Deed of Trust.
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