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201004339
<br />DEED OF TRUST
<br />Loan No: 810019 (Continued) Paso a
<br />Landers security interest In the Rents and the Personal Property. Any moonveyance fee required by law shall be paid by Trustor, If
<br />permitted by applicable law.
<br />EVENTS OF DEFAULT. Each of the following, at Lenders op6m. shall constitute an Event of Default under this peed of Trust:
<br />Paynwnt Defeult. Trustor fails to make any payment when due under to Indebtedness.
<br />Other Defaults. Trustor falls to comply with or to perform any other term, obligation, covenant or condition contained In this Dead of
<br />Trust or in any of the Related Documents or to Comply with or to perform any term, obligation, covenant or condition contained In any
<br />otter agreement between Lender and Trustor.
<br />Compliance Default Failure to comply with any otter term, obligation, covenant or Condition contained In this Deed 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 Non.
<br />Default In Favor of Third Parties, Should Grantor default under any ban, extension of credit, security agreement, purchase or sales
<br />agreement, or any other agreement, in favor of any other creditor or pardon that may materially affect any of Grantor's properly or
<br />Grantors ability to repay the Indebtedness or Grantors ability to perform Grantors obligations under this Deed of Trust or any of the
<br />Related Documents.
<br />False Statements. Any warranty, representation or statement made or furnished to Lender by Trustor or on Trustors behalf under this
<br />Deed of Trust or the Related Documents is false or misleading In any material respect, either now or at the time made or furnished or
<br />becomes false or misleading at any time thereafter.
<br />Defective Collatera tenon, This Deed of Trust or any of the Related Documents ceases to be in full face and effect (inducing failure
<br />of any collateral document to create a valid and perfected security interest or lien) at any tone and for any reason.
<br />Death or Insolvency. The death of Trustor, the Insolvency of Tnusfor, the appointment of a receiver for any part of Trustor's property,
<br />any assignment for the benefit of ovditers. any type of creditor workout, or the commencement of any proceeding under any
<br />bankruptcy or Insolvency laws by or against Trustor.
<br />Creditor or Forfeiture Proceedings. Ganrttencemwnt of foreclosure or forfeiture proceedings, whether by Judicial proceeding, set -help,
<br />repossession or any other method, by any creditor of Trustor or by any governmental agency against any properly securing the
<br />Indebtedness. This includes a garnishment of any of Trustors accounts, Including deposit accounts, with Lender. However, this
<br />Event of Default shah not apply if them is a good faith dispute by Trustor as to the validity or reasonableness of the claim which is the
<br />basis of to creditor or forfeiture proceeding and It Trustor gives Lender written notice of the creditor or forfeiture proceeding and
<br />deposits with lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, In Its sole
<br />discretion, as being an adequate reserve or bad for the depute.
<br />Breach of Oder Agreement. Any breach by Truster under the terms of my other agreement between Trustor and larder that is not
<br />remedied within any grace period provided therein. Including without limitation any agreemeM aonceming arty kdebtadness or other
<br />obligation of Trusbor to Lender, whether existing now or Into.
<br />Events Af ectktg Guarrntor. 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 becomes Incompetent, or
<br />revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness.
<br />Adverse Change. A materiel adverse change occurs in Trusto's financial condition, or Lender beleves the prospect of payment or
<br />performance of the Indebtedness Is Impaired,
<br />Insecurity. Lender In good faith believes Itself Insecure.
<br />RIGHTS AND REMEDIES ON DEFAULT. if an Event of Default occurs undo this Deed of Trust, at any time thereafter. Trustee or Lender
<br />may exercise any one or more of the following rights and remedies:
<br />Acceleration Upon Dafft Additional Ramedia, If any Event or Default occurs as per the terns of the Nate secured hereby,
<br />Lender may declare all Indebtedness secured by this Dead of Trust to be due and payable and the same shall thereupon became
<br />due and payable without any presentment, demand, protest or notice of any kind. Thereafter, Lander 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 arty part thereof. in Its
<br />own name or in the name of Trustee, and do any acts which t deems necessary or desirable to preserve the value.
<br />marketability or rentability of the Property, or pan of the Property or interest in the Property, ihcreese 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 />tolled the rents, hates and profits of the Property, Including those past due and unpaid. and apply the same. leas costs and
<br />expenses of operation and collection attorneys' fees, to any kdobtadness secured by this Deed of Trust. all in such order as
<br />Lender may determine. The entering upon and taking possession of the Propmty, the collection of such rents. Issues and
<br />profits, and the application thereof shah not cure or waive any default or notice of debut under of Dead of Trust or
<br />Invalidate any ad dew its response to such default or pursuant to such notice of default: and. notwithstanding the
<br />continuance in poaseavioh of the Property or tar collection, receipt and application of rents. issues or profits, Trustee or
<br />Lender shah 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 as*,
<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 Trustors Interest In the Property to be sold, whkh notice Trustee shall cause to be duly fled for record in the
<br />appropriate ofnoes of the County in which the Property is located: and
<br />(d) With respect to all or any par of the Personal Property, Lander shag he" all the rights and remedies of a severed party
<br />under the Nebraska Uniform Commercial Code.
<br />Foreclosure by Power of tale. If Lender elects to foreclose by exercise of the Power of Sale herein contained. Lender shag notify,
<br />Trustee and shag deposit with Trustee this Deed of Trust and the Nate 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 shag cause to be recorded, published and delivered to Trustor such
<br />Notice of Default and Notice of Sale as than required by law and by this Deed of Trust. Trustee shah, without demand on
<br />Truster, after such time as may then be required by law and after recordation of such Notice or Default and after Notice of
<br />Sale having boon given as required by paw, sell the Property at the time and place of seta fixed by it in such Notke of Sale.
<br />either as a whole, or in separate kits or percale or terns as Trustee shelf deem expediext, 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 or sale.
<br />Trustee shag delver to such padmaser or purchasers thereof its good and sufficient deed or deeds conveying the property so
<br />sold, but without any covenant or warranty, express or implied. The recitals in such dead of any matters or fads shall be
<br />conclusive proof of the truthfulness thereof. Any person, including without limitadot Trustor. Trustee, or Larder, may
<br />purchase at such sale.
<br />(b) As may be permitted by law, after deducgng ad costs. fees and expenses of Trustee and of this Trust, Including costs of
<br />evidence of title in connection with sale. Trustee shag apply the proceads of sale to payment of p) all sums expanded under
<br />the terms of this Deed of Trust or under to terms of the Note not then repaid, Including but not limited to accrued interest
<br />and late charges, (11) ail other sums than secured hereby. and (W) the remainder. if any, to the person or persons legally
<br />entitled therete.
<br />(c) Trustee may in the manner provided by law postpone sale of an or any portion of the Property.
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