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'. 200804906 DEED OF TRUST {Continued} Page 4 llllreement, or aoy other l\gI'8ement, in favor of any other creditor or person that may meterlally 8ff8ot aoy of TruslDr'a property or TruslDr'a ability to repay the lndebt8dneee or perform their reapeotlve obligationa under thla Deed of Truet Or aoy of the Ralated Documentll. FlllIIe StlItements. Any warranty. repr8llllnllltion or Il'llItement made or fumlshed to Lender by TruslDr or on Tl'WltOr'u behelf undar this De<<t of Trust or the Related Documenlllla felll8 or milllR8ding in any m_rilII r""pect, either now or at the lIme madIl or furnished or bacomll8 false Or miulullding 81 Roy lIme thereafter. Defectiw eo_. This Deed of Trust or eoy of the Rellltlld Documents oeeses to be in full force and 8ffaot (including failure of any collateral document to CreRt8 a valid and perf8ct8d aecurlly Interest or lien) 81 aoy lIme end for any """,on. o.dl'OI' .......".n.,.,. The dlasolutlon of Trustor', (raga....... of whether election to continue is mede), eny member wtthdrewa from the llmlled liability company, or any other termination of Truator'a axlatence llll , going bual...... or the deeth of any member, the inllolvency of Tl'UlltlIr, the appOintment of a receiver fOr any pert of Trustor', pmperty, any lI88lgnment for the benefit of oreditors, any type of creditor workout, .or the commenceml'nl of any proceeding under any bankruptcy or i"""lvaney laws by or egaln8t TruslDr. CredItor or ForfellurR "'~... Commencement of foreclosure or forfeiture proceedings, whether by Judicial proceeding, self-help, repossession or sny other method, by any 'creditor of Trustor or by any govemmantal 8IJ81lCy against any property securing the Indebtedness. This includes a gernlshment,Of eny of Trustor's accounts, Including depoe/t eccounts, with Lender. However, this Event of Default shall not epply if there Is a l{ood faith dispute by Trustor as to the validity or ressonableneee of the claim which is the baahl of the creditor or forfeiture proceedInlI and If Trustor gives Lender wrltten notice of the oreditor or forfeiture proceed1ng and deposits with Lender monies or e eurety bond for the creditor or forfeiture proclllldlng. In an amount determined by Lender, In Its sole dlacra1lon, as being an ~ reserve or bend fOr the dlapute. BrlIllCh of Other AIJI'"II*'t- Any breach by, Trustor under the terms of sny other agreement between TruslDr and Lender that is not remedied within any grace period provlded therein, including. without IImltRtlon any agreement concerning sny indsbted...... or other obI"lIJation of Trustor to Lender, whether exlsting now or later. e-tte Affecting G__ Any of the preceding evenlll occurs with rll8polCt to any Guarentor of any of the Indebtedness or eny Guarantor dlss Or becomll8 Incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of tha Indsbtedness. Adverse Chlmge. Am_rial edverse cllenge ooours in TruslDr'a financial condition, or Lender belleVlls the pmspect of payment or performance of the Indebted...... is Impelred, '-1Iry. lender In good faith believes itself ineacure. RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust, 81 any time thereafter, Trustee or Lender may exareln any one or more of tha following rights and remedies: Acc:eIersffon Upon o.feuIt; AddlIIoneI Re......... If any Event of Defeult occurs as per the terms Of the Note secured hereby, lender may declere ell Indebtedness s&Oured by this Deed of Truet to be due end payAble and the same shall thereupon become dll8 and payable without any presentmer;tt, demand, prote81 or notice of any kind. ThareIIfIllr, Lendar may: (al Either In person or by egent, with or without bringing any action or prooeedlng. or by a receiver appointed by a court and without regard to the edequacy of its security, antar upon and take _aslon of the Property, or any pert thereof, in i1s own name or in the name of TrU8tll8, and do any acta which It d""ms necessary or desirable to prIl&IlIVII the value, merketablllty or rentability of the Property, or pert of the Property or Intere81 In tha Property; incraasa the Income from the Property or proteCt the aecurlty of the Property: and, with or without teldng poIIIIUII/on of the Pmperty, aua for or otherwise collect the renIII, iaSUlIS and pmflts of the Property, Including those past due and unpaid, end apply the 88me, leu CORtS and expensea of operation and collllCtlon attorneys' fees, to any indebtednll88 secured by this DlIlId of Trust, all In such order as Lender may determine. The entering upon and taking _'on of tha Pmperty, the collaotion of such renlll. lesuss end pmflts, and the application thereof ahall not cure or waive eny default or notice of defllult under this Deed of Trust or invslidAte any act done In response to such default or pursuant to suoh notice of default; and, notwlthetsndlng the continuance In posM88lon of the Pmperty or the collection, recaipt and application of rents, iHU88 or proflts, Truetee or Lender shan be entltI8d to exercise every right provided for in the Note or the Rel8ted Documents or by lew upon tha occurrence of any event of default, including the right to exercise the power of aale; (bl Commence an ec1lon to foreclose this Deed of Trust es a mortgege, appoint a recelvar or specifically enforce any of the Covenants hereof: end {cl Datlver to Truatee s written declaration of default end demand fot sale and a written notice of default end election to caun TrUlltOr'a inl8ra8t In the Property to be sold, which notice TruatH shell CIIuse to be duly med for record In the sppropriAte offlces of the County In which the Property is located; and (d) WIth rsspolCt to all or any pert of tha Personal Property, lender shell heve ell the rights and remedies of a aecured party under the Nebmske Uniform Commercial Code, Forec:tooiure by Power of lWro. If Lender elacta to foracloee by exercise of the Powsr of Sale herein contained, Lender shall notlfy Trustee and shall deposit with Truetae this Deed of Trust and the Note and such recelpUI end IIVldance of expenditures mede and secured by this Deed of Truet as Trua_ may require. (el Upon receipt of suoh notice fmm Lender, Trustee shell ceUll8 to be recorded, publhlhed end delivered to Trustor such Notice of Default end Notioe of Sale as than required by Isw and by thla Deed of Truet. Truatee shsll. without demand on Trustor, after such lIme as may then be required by lew end after rllCOrdatlon of auch Notice of Defeult and after Notice of Sale hsvlng been glven es required by law, sell the Property 81 the time and plaoe of 881e fixed by It In such Notice of Sale, elthet as e whole, or In ""parate 10m or parcele Or items as T_ shell deemaxpedlent, and in such order es It may determine, at publlc alll>lion to the highest bidder for cash in lawful money of the United Stetes peyable at the time of sale. Truetee shsll deliver to """h purChaser or purcheser8 thereof i1s good and sufficient deed or deeds conveying the pmperty so sold. but without any covenant or warranty, axpress or Implied. The recitala In """h dlllld of any mRtter8 or facta shall be conclusive proof of the truthfulnll88 thereof. Any person, IncludltIQ without limitation Truator, Truetee, or Lender, msy purehese 81 such sals. {b} As may be permitted by law. after dedlJOting all co8ts, fees and expenses of Truetee snd of this Trust, including C08tS of evidence of title in connection with sale, Trustee shell apply the procHde of ule to payment of (I) ell sums expended under the terms of this Deed of Trust Or under the terma of the Note not then repaid, including but not limited to eccrued imarHt end late ohetges, (HI ell other sums then secured ""reby, end (11I1 the remainder, If any, to the person or persoM legally entitled thereto. (cl TrU8ta8 may in the manner provlded by law poRtpOne sele of all Or sny por1lon of the Property. R_ Not ExIlIoelv8. TI'UIIt88 and Lender, snd fIIlCh of them, shall be entIdoKI to enforce payment end performence of any indebtedneas or obligatloo8 secured by this Deed of Trust snd to exercise all rights and powera under this Deed of Trust, under the Note, under any of the Releted Documents, :or undar any other agreement or eny lawe now or heraafter In force; notwithstanding, """'" or all of such hldebtedll888 and obligations lHlCured by this Deed of Trust may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor Its enforosment, whether by court ac1lon or pursuant to the power of sale .or other powers oonteined in this Deed of Trust, sllell prejudice or In sny menner sffect T_'s or Lender's right to _Ilze upon or enforce sny other securlly now or hereafter held by Truatee or Lender, It being agreed that T_ end Lender, and esoh of them, 8hall be tIntltIed to enforoe this Deed of Truet and any other 88CUrlty now or hereafter held by Lender or TI'UIlt8e In such order and menner es they or either of them may in thelr abeofute dl8credon determine. No remedy conferred upon or reserved to Truste8 or Lander, la Intended to be excllJ8ive of any other rsmedy In this Deed of Truet or by law provided or permitted, but esoh ehell be cumulstive and shell be In sddltlon to every other remedy given in this Deed of Trust or now or hereafter exie1lng 81 law or In equity or. by st8tute. Every power or remedy given by the Nota or sny of the Related Documenlll to Trustee or lender or to which either of them may be otherwise tIntltIed, may be exercleed, concurrentiy or Indapenden1ly, from lIme to lIme end 88 often as mey be deemed expedient by TI'UIlt8e or Lender, and either of them may pursue inconelatent remedies.