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<br />200803647
<br />
<br />DEED OF TRUST
<br />(Continued)
<br />
<br />Page 4
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<br />Other Defoults. Borrower Or Trustor fails to comply with Or to perform eny other term, obligation. covenent Or condition oontolned In
<br />this Deed of Trust or In any of the Relatad Documents or to comply with or to perform any term. obligation, covenant or condition
<br />contained in any other agreement between Lender and Borrower or Trustor.
<br />
<br />Complianoe Default. Failure to comply with any other term. obligation, covenant; or condition contained In this Deed of Trustf the Nota
<br />or In any of the Rel.ted Documents.
<br />
<br />Default on Other peyment.. Failure of Trustor within the time required by thle Deed of Trust to make any p.yment for taxes or
<br />Insurance, Or any other payment necessary to prev.nt filing of or to effeot diSCharge of any lien.
<br />
<br />Default In Favor of Third Parties. Should Borrower or any Trustor default under any loan, extension of credit. security .greement,
<br />purcha.. or sales agreement, Or any oth.r .gre.m.nt, In favor of any oth.r cr.d;tor or person that may matarlally affect any of
<br />Trustor's property or Borrower's or any Trustor'. ability to repay the Ind.bt.dn... or perform their respective obligations under this
<br />Deed of Trust or any of the Related Documents.
<br />
<br />FalsR StatRments. Any warranty, represent.tion or statement mada or furnlshRd to Lender by Borrower or Trustor or on Borrower's or
<br />Tru.tor's behalf under this Deed of Trust or the Related Documents is false or misleading In any m.terlal respect, alther now or et the
<br />time made Or furniShed or become. fal.e or misleading at .ny time there.fter.
<br />
<br />D..f..ctiva Collaterali.ation. This Deed of Trust or .ny of the Releted Document. c....s to be In full force snd sffect (including fellure
<br />of .ny collateral document to create. v.lId and perfected security int.rest or lien) at any time and for any reason.
<br />
<br />D..ath or Insolvency. The dissolution or t.rminatlon of Borrower's or Trustor'. exi.tenc. ss S going business, the insolvency of
<br />Borrower or Trustor, the appointment of a receiver for any part of Borrow.r's or Trustor's property, .ny .sslgnment for the benefit of
<br />creditors, any type of cr.ditor workout, or the commencement of .ny proceeding under any bankrUPtcy or insolvency laws by or
<br />against Borrower or Trustor.
<br />
<br />Cr..ditor or Forfeiture Proceeding.. Commencement of for.closure or forfeiture proceedings, whether by judicial proceeding, s.lf-help,
<br />repossession or any other mathod, by .ny cradltor of Borrowar or Trustor or by any governmental agency .ga;n.t any property
<br />securing the Indebtedn..... This Includes a g.rnlshment of any of Borrower'. or Trustor's accounts, Including d.poslt accounts, with
<br />Lender. Howaver, this Event of Default shall not apply if there is a good faith dispute by Borrower or Trustor as to the validity or
<br />reasonablene.s of tha cl.im which I. the basis of the creditor or forfe;tura proceeding and If Borrower or Trustor gives Lender written
<br />notice of the creditor Or forfeiture proceeding .nd deposits with Lendar moni.s or a .urety bond for the oreditor or forfeltur.
<br />proceeding,. in an amount determined by Lender, In Its sole discr.tion, .s being an .dequ.t. reserve or bond for the dispute.
<br />
<br />Breeoh of Othsr Agraement. Any br..ach by Borrower or Trustor undar the terms of sny other sgrBllment betwaen Borrower or
<br />Trustor .nd Lender thst Is not remedied within any grace periOd provided therein, Including without limitation any sgraement
<br />concerning any Indebtedne.s or oth.r oblig.tion of Borrower or Tru.tor to Lender, whether existing now or later.
<br />
<br />Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation
<br />party of any of the Indebtedness or any guarantor, endorser, surety. or accommodation party dies or becomas Incompetent, or
<br />revokes or disputes the validity of, or liability under, any Guaranty of tha Indebtedness.
<br />
<br />Adverse Change. A material adverse change OCCurs in Borrower's or Trustorls financier condition, or Lender believes the prospect of
<br />paym.nt or performance of the Indebtadnass is impairad.
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<br />Insecurity. Lender in good f.ith believes itself insecure.
<br />
<br />RIGHTS AND REMEDIES ON DEFAULT. If an Evant of Default occur. undar this Deed of Trust, at any time thereaftar, Trustee or Lender
<br />mey exercise any one or mar. of the following rights and remedies:
<br />
<br />Acceleration Upon Default; Addltiono' Remedies. If .ny Event of Default occurs as per the terms of the Note secured hareby,
<br />Lander may dacl.re .11 Indebtedness secured by this Daed of Trust to be due .nd payable .nd the aame ahall thereupon become
<br />due and payable without .ny presantment, demand, protest or notice of any kind. Thereafter, Lender may:
<br />
<br />I.) Either in person or by agent, with Or without bringing .ny action or proceeding, or by a receiver appOinted by a court and
<br />without regard to the adequacy of Its security, anter upOn and t.k. possession of the Property, or any part thereof, In Its
<br />own name Or' In the name of Trustee, and do any acts which It deems necessary or desirable to preserve the value.
<br />m.rketabillty or rentability of the Prop.rty, or p.rt of the Property or Interest In the Property; Incraase the Income from the
<br />Property or protect the security of the Property; and.. with or without taking possession of the Property, sua for or otherwise
<br />collect the rents. issues and profits of the Property. Including those past due and unpaid, and apply the same, less costs and
<br />expenses of operation snd collection .ttorneys' f.es, to any Indebtedneaa secured by this Deed of Trust, all In such order es
<br />Lender may determine. Th. .nterlng upon and taking possession of the Property, the collection of such rents, issues and
<br />profits, end the application thereof shall not cure or waive .ny default or notloR of def.ult und.r this De.d of Trust or
<br />inv.lidate any act done In response to such def.ult or pursu.nt to .uch notice of default; and, notwithstsnding the
<br />continuance In possession of the Property or the collection. recalpt and application of rents, Issues or profits, Trustaa or
<br />Lender sh.lI b. .ntitled to exercise every right provided for in tha Note Or the Rel.ted Documents Or by law upOn the
<br />occurr.nce of .ny event of default, Including the right to exercise the power of s.I.;
<br />
<br />(bl Comm.nce.n action to foreclose this Deed of Trust as a mortgag., .PPoint a receiver or .p.cifically enforce .ny of the
<br />cov.nants hereof; and
<br />
<br />(c) Deliver to Trustee. written decleretion of default and demand for sale and. written notice of default and alection to
<br />c.u.e Trustor's Interest In the Property to be eold. which notice Trustea shall cause to be duly filed for record In the
<br />appropriate offices of the County in whioh the Property is located; and
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<br />(d) With respect to .11 or any pert of the Person.1 Property, Lender shall have .11 the rights .nd remedies of a secured party
<br />under the Nebraske Uniform Commercial Code.
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<br />For.closure by Power of Sala. If Lender elects to foreclosa by axerclse of the Power of Sale herein contained, Lendar shall notify
<br />Trustee and shall depOSit with Trustee this De.d of Trust .nd the Nota .nd such receipts .nd .vldence of expenditures msde .nd
<br />secured by this Deed of Trust as TrUst.e may require.
<br />
<br />(a) UpOn receipt of such notice from Lender, Truatee shell cause to be recorded, published and delivered to Trustor such
<br />NotlcR of Default and Notice of Sale as then required by lew and by this Deed of Trust. Trustee shall, without demand on
<br />Trustor, aft.r such time .s msy then be r.quired by law and after recordation of such Notice of Default and after Notice of
<br />Sale having b.en given as required by law, aell the Property at tha tlma and place of sala fixed by It in such Notice of Sale,
<br />either as a whole, or In separate lots or parcels Or items .s Trust.e shall d.Rm expedi..nt, and In such ordar es It m.y
<br />d.tarmin., .t pUblic euctlon to the highest bidder for oash in i.wful money of the United Stat.s payable at the time of sale.
<br />Trustae shall deliver to such purchasar or purchasers thereof its good .nd sufflci.nt d.ed or d.eds conv.ying the prop.rty so
<br />said, but without any COVRnant or w.rranty, express or implied. The recltale In such deed of any m.tters or facts ehall be
<br />conoluslve proof of the truthfulness thereof. Any parson, including without limitation Tru.tor, Trustea, or L.nd.r. may
<br />purchasa at such sale.
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<br />(b) As may be permitted by law, aft.r deducting .11 coata, feea and expenaes of Trustss and of this Trust, Including costa of
<br />evidence of title in connection with s.la, Trustee sh.1I apply the proceeds of sale to payment of III all sum. expended under
<br />the terms of this D..d of Trust or under the term. of the Note not then repaid, including but not limited to accrued interest
<br />.nd I.te charges, (II) all other sums th.n secured hereby, and (Iii) the rem.lnder, If .ny. to the person or persons legally
<br />entitled thereto.
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<br />(cl Truatee may In th.. manner provided by law postpone ssle of all or any portion of the Property.
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<br />Remedies Not Exclusive. Trustee and Lend.r, and each of them, shall be entitled to enforce payment and performance of any
<br />Indebtedne.s or oblig.tions eecured by this Deed of Trust and to .x.rcise all rights .nd pow.rs under this Deed of Trust, under the
<br />Note, under any of the Related Documents, Or under any other agreement or any laws now or hereafter In force; notwithstanding.
<br />some or all of such Indebtedne.s and obligations secured by this Deed of Trust may now or hereafter be otherwise secured. whether
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