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�� ' N � DEED OF TRUST 2 010 0'7 6 9 0
<br />(Continued) Page 4
<br />sole opinion, to accomplish the matters referred to in tha preceding paragraph.
<br />FULL PERFORMANCE. If Trustor pays all the Indebtedness when due, and otherwise performs all the obligations imposed upon Trustor
<br />under this Deed of Trust, Lender shall execute and deliver to Trustee a request for full reconveyance and shall execute and deliver to
<br />Trustor suitable statements of termination of any financing statement on file evidencing Lender's security interest in the Rents and the
<br />Personal Property. Any reconveyance fee required by law shall be paid by Trustor, if permitted by applicable law.
<br />EV�NTS QF DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under this Deed of Trust:
<br />Payment Default. Trustor fails to make any payment when due under the Inde6tedness.
<br />Other Defaults. 7rustor fails to comply with or to perform any other term, obligation, covenant or condition contained in this Deed of
<br />Trust or in any of the Related Documents vr to comply with or to perform any term, obligation, covenant or condition contained in any
<br />other agreement between Lender and Trustor.
<br />Compliance Default. Failure to comply with any other 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 />insuranca, or any other payment necessary to prevent filing of or to effect discharge of any lien.
<br />Default in Favor of Third Parties. Should Grantor default under any loan, extension of credit, security agreement, purchase or sales
<br />agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Grantor's proper#y or
<br />Grantor's a6ility to repay the Indebtedness or Grantor's ability to perform Grsntor's obligations under this Deed of Trust or any of the
<br />Related Documents. _.
<br />False Statements. Any warranty, represantatinn or statement made or furnished to Lender by 7rustor or on Trustor's �ehalf under this
<br />Deed of Trust or the Related Documents is false or misleading in any meterial respect, either now or at the time made or furnished or
<br />becomes false or misleading at any time thereafter.
<br />Defective Collateralization. This Deed of 7rust vr any of the Related bocuments 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 />Death or Insolvency. The death of Trustar, the insolvency of Trustor, the appointment of a receiver for any part vf Trustor's property,
<br />any assignment for the benefit of creditors, any type of -creditor workout, or the commencement of any proceeding under any
<br />bankruptcy or insolvency laws 6y or against 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 Trustor or by any governmental agency against any property securing the
<br />Indebtedness. This includes a garnishment of any of Trustor's accounts, including deposit accounts, with Lender. However, this
<br />Evant of Default shall not apply if there is a good faith dispute by 7rustor as to the validity or reasonableness of the claim which is the
<br />6asis of the creditor or forfeiture proceeding and if Trustor gives Lender written notice of the creditor vr forfeiture proceeding and
<br />deposits with Lender monies ar 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 bond for the dispute.
<br />Breach of Other Agreement. Any breach by Trustor under the terms of any other agreement between Trustor and l.ender that is not
<br />remedied within any grace period provided [herein, including without limitation any agreement cvnceming any indebtedness or other
<br />obligation of 7rustor to Lender, whether existing now or later.
<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 perty dies or becomes incompetent, or
<br />revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness.
<br />Adverse Change. A material adverse change occurs in Trustor's financial condition, or Lender believes the prospect of paympnt or
<br />perfnrmance of the Indebtedness is impaired.
<br />Insecurity. Lender in good faith believes itself ir�secure: - - -- -- -""----
<br />Existing Inde6tedness. The payment of any installment of principal or any interest on the Existing Indebtedness is not made within the
<br />time required by the promissory note evidencing such indebtedness, or a default occurs under the instrument securing such
<br />indebtedness and is not cured during any applicable grace period in such instrument, or any suit or other action is commenced to
<br />foreclose any existing lien an the Property.
<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 e breach of the
<br />same provision of this Deed of Trust within the preceding twelve (12) months, it may ba cured if Trustor, after Lender sends written
<br />notice to Trustor 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. If an Event of Default occurs under this Deed of 7rust, at any time theraafter, Trustee or Lender
<br />may exercise any one or more nf the following rights end remedies:
<br />Acceleration Upan befault; 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 7rust to be due and paya6le and the same shall [hereupon 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 taka pnssession 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 incoma from the
<br />Property or protect the security of the Property; and, with or without taking possession vf 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 at#orneys' fees, to any inde6tedness 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 �ocuments or by law upon the
<br />occurrence of any event of default, including the right to exercise the power of sale;
<br />(6) Commence an action to foreclose this Daed of Trust as a mortgage, appoint a receiver or specifically enforce any of the
<br />covenants hereof; and
<br />(c) Deliver to 7rustee a written declaratipn of default and demand for sala and a written notice of default and election to
<br />cause Trustor's interest in the Property to be sold, which notice Trustae shall cause to be duly filed for record in the
<br />apprvpriate 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 heve all the rights end remedies of a secured perty
<br />under the Nebraska Uniform Commercial Code.
<br />Foreclosure 6y Power of Sale. If Lender elects to foreclose by exercise of the Power of Sale herein contained, Lender shall notify
<br />7rustee 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 7rust. Trustee shall, without demand on
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