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<br />
<br />DEED OF TRUST
<br />(Continued)
<br />
<br />2.00104105
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<br />Page 4
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<br />becomes false Of misleading at any time thereafter.
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<br />Defective Collateralization. This Deed of Trust or any of the Related Documents ceases to be in full fOfce and effect (including failure
<br />of any collateral document to create a valid and peffected secufity intefest Of lien) at any time and for any reason.
<br />
<br />Death or Insolvency. The death of Trustor, the insolvency of TfustOf, the appointment of a receiver for any part of Tfustor's property,
<br />any assignment for the benefit of creditors, any type of cfeditor workout, or the commencement of any pfoceeding under any
<br />bankfuptcy Of insolvency laws by Of against Trustor.
<br />
<br />Creditor or Forfeiture Proceedings. Commencement of foreclosufe or forfeiture proceedings, whether by judicial proceeding, self-help,
<br />fepossession or any othef method, by any creditof of Trustor or by any governmental agency against any pfopefty secufing the
<br />Indebtedness. This includes a garnishment of any of Trustor's accounts, including deposit accounts, with Lender. However, this
<br />Event of Default shall not apply if there is a good faith dispute by TfUStOf as to the validity or reasonableness of the claim which is the
<br />basis of the creditor Of forfeiture pfoceeding and if Tfustor gives Lender wfitten notice of the creditor or forfeiture pfoceeding and
<br />deposits with Lender monies or a sUfety bond for the cfeditor or forfeiture proceeding, in an amount determined by Lender, in its sole
<br />discretion, as being an adequate reserve or bond for the dispute.
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<br />Breach of Other Agreement. Any breach by Trustor undef the terms of any othef agfeement between Trustor and Lender that is not
<br />remedied within any gface pefiod pfovided thefein, including without limitation any agreement concerning any indebtedness Of other
<br />obligation of Trustor to Lender, whether existing now or later.
<br />
<br />Events Affecting Guarantor. Any of the pfeceding events occurs with respect to any guarantor, endofsef, sUfety, Of accommodation
<br />party of any of the Indebtedness or any guarantor, endorser, surety, Of accommodation pafty dies Of becomes incompetent, or
<br />revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness.
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<br />Adverse Change. A material adverse change occurs in Trustor's financial condition, Of Lendef believes the prospect of payment Of
<br />performance of the Indebtedness is impaired.
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<br />Insecurity. Lendef in good faith believes itself insecure.
<br />
<br />RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default OCCUfS undef this Deed of Trust, at any time thereafter, Trustee or Lendef
<br />may exercise anyone or more of the following rights and remedies:
<br />
<br />Acceleration Upon Default; Additional Remedies. If any Event of Default occurs as per the terms of the Note secufed hefeby,
<br />Lender may declare all Indebtedness secured by this Deed of Trust to be due and payable and the same shall thereupon become
<br />due and payable without any pfesentment, demand, protest or notice of any kind. Thereaftef, Lender may:
<br />
<br />(a) Eithef in pefson Of by agent, with Of without bringing any action or proceeding, Of by a feceivef appointed by a court and
<br />without regard to the adequacy of its security, enter upon and take possession of the Property, or any paft thefeof, in its
<br />own name or in the name of Tfustee, and do any acts which it deems necessary or desirable to pfeserve the value,
<br />mafketability Of fentability of the Pfoperty, or part of the Property or interest in the Property; incfease the income from the
<br />Property Of pfotect the security of the Propefty; and, with Of without taking possession of the Property, sue for Of othefwise
<br />collect the rents, issues and profits of the Propefty, including those past due and unpaid, and apply the same, less costs and
<br />expenses of operation and collection attorneys' fees, to any indebtedness secured by this Deed of Trust, all in such ofder as
<br />Lender may detefmine. The entering upon and taking possession of the Propefty, the collection of such rents, issues and
<br />profits, and the application thereof shall not cure or waive any default Of notice of default under this Deed of Trust or
<br />invalidate any act done in fesponse to such default or pursuant to such notice of default; and, notwithstanding the
<br />continuance in possession of the Pfopefty Of the collection, receipt and application of rents, issues or pfofits, Tfustee or
<br />Lender shall be entitled to exefcise every fight provided for in the Note or the Related Documents Of by law upon the
<br />occurrence of any event of default, including the right to exercise the power of sale;
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<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
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<br />(c) Deliver to Trustee a written declaration of default and demand for sale and a written notice of default and election to
<br />cause Tfustor's intefest in the Property to be sold, which notice Trustee shall cause to be duly filed for record in the
<br />appropriate offices of the County in which the Propefty is located; and
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<br />(d) With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured pafty
<br />under the Nebraska Uniform Commercial Code.
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<br />Foreclosure by Power of Sale. If Lender elects to foreclose by exercise of the Power of Sale hefein contained, Lender shall notify
<br />Trustee and shall deposit with Trustee this Deed of TfUSt and the Note and such feceipts and evidence of expenditures made and
<br />secured by this Deed of Trust as Tfustee may fequife.
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<br />(a) Upon receipt of such notice ffOm Lendef, Tfustee shall cause to be recofded, published and delivered to Tfustor such
<br />Notice of Default and Notice of Sale as then requifed by law and by this Deed of Trust. Trustee shall, without demand on
<br />Trustor, aftef such time as may then be required by law and after recordation of such Notice of Default and after Notice of
<br />Sale having been given as required by law, sell the Propefty at the time and place of sale fixed by it in such Notice of Sale,
<br />either as a whole, or in separate lots Of pafcels or items as Tfustee shall deem expedient, and in such ordef as it may
<br />detefmine, at public auction to the highest bidder for cash in lawful money of the United States payable at the time of sale.
<br />Trustee shall delivef to such purchaser or purchasers thereof its good and sufficient deed or deeds conveying the property so
<br />sold, but without any covenant Of warranty, expfess or implied. The recitals in such deed of any matters or facts shall be
<br />conclusive proof of the truthfulness thereof. Any person, including without limitation Trustor, Tfustee, Of Lendef, may
<br />purchase at such sale.
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<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, Tfustee shall apply the pfoceeds of sale to payment of (i) all sums expended under
<br />the terms of this Deed of Trust or undef the tefms of the Note not then repaid, including but not limited to accfued interest
<br />and late charges, (ii) all othef sums then secured hereby, and (iii) the remainder, if any, to the pefson or pefsons legally
<br />entitled thereto.
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<br />(c) Trustee may in the manner provided by law postpone sale of all or any portion of the Pfopefty.
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<br />Remedies Not Exclusive. Trustee and Lender, and each of them, shall be entitled to enfofce payment and performance of any
<br />indebtedness or obligations secufed by this Deed of Trust and to exercise all rights and powers 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 indebtedness and obligations secufed by this Deed of Trust may now or hereafter be otherwise secufed, whethef
<br />by mOftgage, deed of tfUSt, pledge, lien, assignment Of otherwise. Neither the acceptance of this Deed of TfUSt nor its enforcement,
<br />whethef by court action or pursuant to the power of sale or other powers contained in this Deed of Trust, shall prejudice or in any
<br />manner affect Trustee's Of Lender's right to fealize upon Of enfofce any othef security now or hereafter held by Trustee or Lendef, it
<br />being agfeed that Tfustee and Lendef, and each of them, shall be entitled to enforce this Deed of Trust and any othef security now or
<br />hereafter held by Lender or Trustee in such order and manner as they or either of them may in theif absolute discfetion detefmine. No
<br />remedy conferred upon or reserved to Trustee or Lender, is intended to be exclusive of any other femedy in this Deed of Tfust or by
<br />law provided Of pefmitted, but each shall be cumulative and shall be in addition to evefY other remedy given in this Deed of Trust or
<br />now or hereaftef existing at law Of in equity Of by statute. EvefY power or remedy given by the Note or any of the Related Documents
<br />to Tfustee or Lender or to which either of them may be otherwise entitled, may be exercised, concurrently or independently, from time
<br />to time and as often as may be deemed expedient by Tfustee or Lendef, and eithef of them may pUfsue inconsistent remedies.
<br />Nothing in this Deed of TfUSt shall be construed as prohibiting Lendef ffom seeking a deficiency judgment against the Trustof to the
<br />extent such action is pefmitted by law. Election by Lender to pursue any remedy shall not exclude pUfsuit of any other remedy, and
<br />an election to make expenditures or to take action to perform an obligation of TfUStOf under this Deed of Trust, after Trustor's failure
<br />to perform, shall not affect Lender's right to declare a default and exefcise its remedies.
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<br />Request for Notice. Trustor, on behalf of Trustor and Lendef, hefeby requests that a copy of any Notice of Default and a copy of any
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