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DEED OF TRUST
<br />Loan No: 19669 (Continued) 200210609 Page a
<br />agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Truslor's property or Truslor's
<br />ability to repay the Indebtedness or perform their respective obligations under this Deed of Trust or any of the Related Documents.
<br />False Statements. Any representation or statement made or furnished to Lender by Trustor or on Truster's behalf under this Deed of Trust
<br />or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished.
<br />Defective Collateralizatlon. Thfs 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 Truster, the appointment of a receiver for any part of Truslor'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 tneS to take any of the Property or any o!her of Truslor's property 1.1 which
<br />Lender has a lien. This includes taking ef, garnishing of or levying on Truster's accounts with Lender. However, if Trustor disputes in good
<br />faith wholher the claim on which the taking of the Property is based is va' J or reasonable, and if Truslor 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 />tomeded within any grace period provided the'esn, including without limitation any agreement concerning any indebtedness or other
<br />obligation of Trustor to Liandai, whathur existing nova or la!sr.
<br />Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedness or any
<br />Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. In the
<br />svent of a death, Londer, at its option, may, but shall not be required to, pormit the Guarantor's estate to assume unconditionally the
<br />obligations arising under the guaranty in a manner satisfactory to Lendor, and, in doing so, cure any Event of Default.
<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 thirty (30) days; or (b) if the curo requires more than thirty (30) 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 mc•e of the following rights and remedies:
<br />Acceleration Upon Default; Additional Remedies. II any Event of Default occurs as per the terms of the Note secured hereby, Lender
<br />may declare all Indebtedness secured by this Dead 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 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 />F ; of the Property, or part 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 Ilia Property, sue for or otherwise collect the rents, Issues and profits of the
<br />j Property, Including ;hose past due and unpaid, and apply the same, less costs and expenses of operation and collection attorneys'
<br />e t fees, to any Indebtedness secured by this Deed of Trust, all in such order as Lender may determine. The entering upon and taking
<br />1 possession of the Proper!) -, the collection of such rents, issues and profits, and the application thereof shall not cure or waive any
<br />default or nc'ice of default under this Deed of Trust or invalidate any act done in response to such default or pursuant to such
<br />`1 notice of default•, and, notwithstanding the continuance in ,.osse3 ton of the Property cr the coaseGen, reccip! and nrplication of
<br />i rents, issues or profits, Trustee or Lender shall be entitled to exercise every right provided for In the Note or the Related
<br />I Documents or by law upon the occurrence of any event of default, including the right to exercise the power of sale;
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<br />i (b) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver or specifically enforce any of the
<br />,j covenants hereof; and
<br />t? (c) Deliver to Trustee a written declaration of default and demand for sale and a written notice of default and election to cause
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<br />Truslor'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 />Iho County In which the Properly 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 />1 the Nebraska Uniform Commercial Code.
<br />t-� Foreclosure by Power of Sale. If Lender elects to foreclose by exercise of the Power of Sale herein contained, Lender shall notity
<br />7 Trustee and shall deposit with Trustee this Dead 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.
<br />f (a) Upon receipt of such notice from Lender, Trustee shall cause to be recorded, published and delivered to Trustor such Notice
<br />c of Default and Notice of Sale as then required by law and by this Deed 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 Sale having been
<br />given as required by law, sell the Properly at the time and pace of sale fixed by It in such Notice of Sale, either as a whole, or in
<br />ti separate lots or parcels or Items as Trustee shall doom expedient, and In such order as it may determine, at public auction to the
<br />highest bidder for cash In lawful money of the Unllad Stales payablo at the time of Bale. Trustee shrill deliver to such purchaser or
<br />purchasers thereof as good and sufficient deed 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 />person, including without limitation Trustor. Trustee, or Lendor, may purchase at such sale.
<br />(b) As may be permitted by law, after deducting ail 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 solo to payment of (1) all sums expended under the
<br />forms of this Dead of Trust or under the terms of the Note not than repaid, Including but not limited to accrued Interest and late
<br />d charges, (ti) all other sums then secured hereby, and (III) Iho remainder, If any, to the person or persons legally entitled thereto.
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<br />i (c) Trustee may in the manner provided by law pos.pone sale of all or any portion of the Property.
<br />Remedies Not 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 exorcise all rights and powers under this Deed of Trust, under the Note,
<br />i under any of the Related Documents, or under any other agreement or any laws now or hereafter In force; Aolwllholiineipg, soma or all of
<br />such indebtedness and obligations secured by this Dead of Trust may now or hereafter be otherwise secured, whether by mr- gage, dead of
<br />trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Dead of Trust nor its enforcement, whether by court action or
<br />pursuant to the power of sale or other powers Contained in this Deed of Trust, shall prejudice or In any ;Wanner affect Trustee's or Lender's
<br />tight to realize upon or enforce any other security now or hereafter held by Trustee or Lender, it being agreed that Tfurilee and Lendor, and
<br />each of them, shall be entitled to enforce this Deed of Trust and any other security now or hereafter held by Lender or Trustee In such order
<br />find manner as they or oilhor of thorn may In that( absolute discretion dotormino, No rortiody conferred upon or reserved to Trustee or
<br />Londor, Is Intended to be exclusive of any other remedy In this Dead of Trust or by law provided or pe(mitlod, but each shad be cumulative
<br />and shall be In addition to ovary other romedy given In this geed of Trust or now or hereafter existing at law or In equity or by statute, Every
<br />power or romedy given by the Note or any of the Rotated Documents to Trustee or Londor or to which either of them may be otherwise
<br />entitled, (nay be exorcised, concurrently or Independently, from time to limo and as often as may be deemed expedient by Trustee or Lendor,
<br />and either of thom may pursue Inconsistent remodles. Nothing In this Dead of Trust shall be construed as prohibiting Lendor from cooking a
<br />deficiency judgment agninst the Trustor to the extent such action Is permitted by law.
<br />Election of Remedies. All of Lender's rights and remodies will be cumulative and may be exercised alone or together. If Londor decides to
<br />,pond money or to perform any of Tru3lor's obligations under this Dead of Trust, after Truslor's failure to do so, that decision by Londor will
<br />not ol:oct Londor's right to declare Trustor In default and to exercise Lender's romedies.
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