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DEED OF TRUST
<br />Loan No: 6112583 200206572 (Continued) Page a
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<br />#ifomey4n -Fad. cif Trustor fails to do any of the things referred to in the preceding paragraph, Lender may do so for ant In the name of
<br />Trustor and at.Trustoes expense. For such purposes,. Trustor hereby irrevocably appoints Lender as Trustor's attorney- in-fad for the
<br />purpose of making, executing, delivering, filing, recording, and doing a# 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 Borrower pays ati. 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 deliverto. Trustor suitable
<br />- statements of termination of any financing statement on file evidencing Lender's security interest in the Rents and the Personal Properly. Any
<br />reconveyanoe fee required by law shall be paid by Trustor, if permitted by applicable law.
<br />..EVENTS OF DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under this Deed of Trust:
<br />- Payment Default. Borrower fails to make any payment when due under the Indebtedness.
<br />...Other "Defaults. Borrower or Trustor fails to comply with ortoperform any other term, obligation, covenant or condition contained in this
<br />Deed of Trust or in any of the Related Documents or to comply with or to perform any term, obligation, covenant . or condition contained in
<br />any other agreement between lender and Borrower or Trustor.
<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 Borrower or Trustor has not been given a notice of a breach of the same
<br />, provision of this Deed of Trust within the preceding twelve. (12). months, it may be cured (and no Event of Default will have occurred) if
<br />Borrower or Trustor, after Lander sends written notice demanding cure of such failure: (a) cures: the failure within twenty (20) days; or (b) N
<br />the cure requires more than twenty (20) days, immediately initiates steps sufficient to cure the failure and thereafter continues and completes
<br />all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical.
<br />Default 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 />Environmental Default. Failure of any party to comply with or perform when due any term, obligation, convenant or condition contained in
<br />any environmental agreement executed in connection with the Property.
<br />Default in Favor of Third Parties.: Should Borrower or any Trustor default under any loan, extension of credit, security agreement, purchase
<br />or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Trustors property or
<br />Borrower's or any Trustor's ability to repay the Indebtedness or perform their respective obligations under this Deed of Trust or any of the
<br />Related Documents.
<br />Few Statements. Any warranty, representation or statement made or furnished to lender by Borrower or Trustor or on Borrower's or
<br />Trustor's : behalf :under this Deed of Trust or the Related Documents: Is false or misleading in any material respect, either now or at the time
<br />made, or furnished or becomes false or misleading at any time thereafter.
<br />Detective Collaterell7ation. 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 dissolution or termination of Borrower's or Trustor's existence as a gang business or the death of any partner, the
<br />Insolvency of Borrower or Trustor, the appointment of a receiver for any pan of Borrower's or Trustors property, any assignment for the
<br />benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or
<br />against Borrower or Trustor. _...
<br />Creditor or Forfeiture Proceedings.. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self -help,
<br />repossession or any other method, by any creditor of Borrower or Trustor or by any governmental agency against any property securing the
<br />Indebtedness. This includes a garnishment of any of Borrower's or Trustors accounts, including deposit accounts, with Lender.. However,
<br />this Event of Default shall not apply if there is a good faith dispute by Borrower or Trustor as to the validity or reasonableness of the claim
<br />which is the basis of the cradfior or forfeiture proceeding and if Borrower or Trustor gives Lender written notice of the creditor or.faltefture
<br />proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender,
<br />in its sole discretion, as being an adequate reserve or bond for the dispute.
<br />Breach of Other Agreement. Any breach by Borrower or Trustor under the terms of any other agreement between Borrower or Trustor and
<br />Lender that Is not remedied within any grace period provided therein, including without limitation any agreement concerning any
<br />indebtedness or other obligation of Borrower or 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 />Adverse Change.: A material adverse change occurs in Borrower's or Trustors financial condition, or Lender believes the prospect of
<br />payment or 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 Borrower or 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 Borrower or Trustor,
<br />.after Lender sends written notice demanding cure of such failure: (a) cures the failure within twenty (20) days; or (b) if the cure requires
<br />more than twenty (20) days, immediately initiates steps sufficient to cure the failure and thereafter continues and completes all reasonable
<br />and necessary steps sufficient 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:
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<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 pad 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 pad of the Property or interest in the Property; 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 entitted 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.
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