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<br /> ,.~(~.~►~Y tK°' DEED OF TRUST ~~~~~~~s0
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<br /> Other Defaults. Borrower or Trustor fails to comply with or to perform any other term, obligation, covenant or condition contained in
<br /> this Deed of Trust or in any of the Related 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 /> Compliance Default. Failure to comply with any other term; obligation; covenant or condition' contained in this Dead of Trust, the Note
<br /> or in any of the Related Documents.
<br /> Default on. Other Payments. Failure of Trustor within the time, required by this Deed of Trust to make any payment for taxes or
<br /> insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien.
<br /> Default in Favor of Third Paties. Should Borrower or any Grantor default under any loan, extension of credit, security agreement,
<br /> purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of
<br /> Borrower's or any Grantor's ,aroperty or Borrower's ability to repay the Indebtedness or Borrower's or Grantor's ability to perform their
<br /> respective obligations under `his Deed of Trust or any of the Related Documents.
<br /> False 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 Daed of Trust or the Related Documents is false or misleading in any material respect, either now or at the
<br /> time made or furnished or be_,omes false or misleading at any time thereafter.
<br /> Defective Coliateralization. This Deed of Trust or any of the Related Documents ceases to be in full force and effect (including failure
<br /> of any collateral document to create a valid and perfected security interest or lien) at any time and for any reason.
<br /> Insolvency. The dissolution or termination of 'Borrower's or Trustor's exiskence as a going business, the insolvency of Borrower or
<br /> Trustor, the appointment of a receiver for any part of Borrower's or Trustor's property, any assignment for the benefit of creditors,
<br /> any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against
<br /> 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
<br /> securing the Indebtedness. This includes a garnishment of any of Borrower's or Trustor's accounts, including deposit accounts, with
<br /> Lender. However, this Event of Default shall not apply if there is a good faith dispute by Borrower or Trustor as to the validity or
<br /> reasonableness of the claim avhich is the basis of the creditor or forfeiture proceeding and if Borrower or Trustor gives Lender written
<br /> notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture
<br /> proceeding, in an amount determined by Lender, 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
<br /> Trustor and Lender that is not remedied within any grace period provided therein, including without limitation any agreement
<br /> concerning any 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 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.
<br /> Adverse Change. A material adverse change occurs in Borrower's or Trustor's 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 any default, other than a default in payment is curable and if Trustor has not been given a notice of a breach of the
<br /> same provision of this Deed of Trust within the preceding twelve (12) months, it may be cured if Trustor, after Lender sends written
<br /> notice to Borrower demanding cure of such default: (1) cures the default within twenty (20) days, or (2) if the cure requires more
<br /> than twenty (20) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default
<br /> and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably
<br /> practical.
<br /> RIGHTS AND REMEDIES ON DEFAULT. It an Event of Default occurs under this Deed of Trust, at anytime thereafter, Trustee or Lender
<br /> may 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,
<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 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
<br /> own name or in the name of Trustee, and do any acts which it deems necessary or desirable to preserve the value,
<br /> marketability or rentability of the Property, or part of the Property or interest in the Property; increase the income from the
<br /> Property or protect the security of the Property; and, with or without taking possession of the Property, sue 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 and collection attorneys' fees, to any indebtedness secured by this Deed of Trust,.all in such order as
<br /> Lender may determine. The entering upon and taking possession of the Property, the collection of such rents, issues and
<br /> profits, and the application. thereof shall not cure or waive any default or notice of default under this Deed of Trust or
<br /> invalidate any act done in .response to such default or pursuant to such notice of default; and, notwithstanding the
<br /> continuance in possession of the Property or the collection, receipt and application of rents, issues or profits, Trustee or
<br /> Lender shall be entitled to exercise every right provided for in the Note or the Related Documents or by law upon the
<br /> 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
<br /> cause Trustor's interest 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 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
<br /> under the Nebraska Uniform Commercial Code.
<br /> Foreclosure by Power of Sale. If Lender elects to foreclose by exercise of the Power of Sale herein contained, Lender shall notify
<br /> Trustee and shall deposit with Trustee this Deed 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 /> (a) Upon receipt of such notice from Lender, Trustee shall cause to be recorded, published and delivered to Trustor such
<br /> Notice of Default and Notice of Sale as then required by law and by this Deed of Trust. Trustee shall, without demand on
<br /> Trustor, after 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 Property at the time and place of sale fixed by it in such Notice of Sale,
<br /> either as a whole, or in separate lots or parcels or items as Trustee shall deem expedient, and in such order as it may
<br /> determine, 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 deliver to such purchaser or purchasers thereof its good and sufficient dead or deeds conveying the property so
<br /> sold, but without any covenant or warranty, express 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, Trustee, or Lender, may
<br /> purchase at such sale.
<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, Trustee shall apply the proceeds of sale to payment of (i) all sums expended under
<br /> the terms of this Deed of Trust or under the terms of the Note not then repaid, including but not limited to 'accrued interest
<br /> and late charges, III) all other sums then secured hereby, and (lip the remainder, if any, to the person or persons legally
<br /> entitled thereto.
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