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DEED OF TRUST � 010 0�� i s
<br />Loan No: 809487 (Cpntinued) Page 4
<br />to be made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded,
<br />refiled, or rerecorded, as tha case may be, at such times and in such offices and places as Lender may deem apprnpriate, any and all
<br />such mortgeges, deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of
<br />further assurance, certificates, and other documents as may, in the sola opinion of Lender, be necessary or desirable in order to
<br />effectuate, complete, perfect, continue, or preserve (1) Trustor's obligations under the Note, this baed of Trust, and the Related
<br />Documents, and (2) the liens and security interests creeted by this �eed of Trust on the Property, whether now owned or hereafter
<br />acquired by Trustor. Unless prohibited by Isw or Lender agrees to the contrary in writing, Trustor shall reimburse Lender for all costs
<br />and expenses incurrad in connection with the matters referred to in this paragraph.
<br />Attorney-in-Fact. If 7rustor fails to do any ot the things referred to in the preceding paragraph, Lender may do sn fnr and in the name
<br />of Trustor and at Trustor's expense. For such purposes, Trustar hereby irrevocably appoints Lender as Trustor's attorney-in-fact for
<br />the purpose of making, executing, delivering, filing, recording, and doing all other things as may 6e necessary or desirable, in Lender's
<br />sole opinian, to eccomplish the matters referred to in the 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 exscute and deliver to Trustae a request for full reconveyance and shall execute and deliver to
<br />Truafor suitable statements of termination of any financing statement on file evidencing Lender's security interest in the Rents and the
<br />Personal Property, Any raconveyance fee required by law shall be paid by Truator, if permitted by applicable law.
<br />EVENTS OF DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under this Deed of Trust:
<br />Payment Dafault. Trustnr fails to make any payment when due under the Indebtedness.
<br />Other Defaults. Trustor fails to comply with or to perform any other term, obligation, covenant or condition contained in this Deed of
<br />7rust or in any of the Related Documents or tn 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 othar 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 tima required by this Deed of Trust ta make any payment for taxes or
<br />insurance, or any other payment necessary to prevent filing of or tp effect discharge of any lien.
<br />Default in Favpr of Third Parties. Should Grantor default under any loan, extension of credit, security agreement, purchase or sales
<br />agreement, or any other agreement, in favar of any other creditor or person that may materially �ffect any of Grantor's property or
<br />Grantor's ability to repay the Indebtedness or Grantor's ability to perfnrm Grantor's ok�ligations under this Deed of Trust or any of the
<br />Retated Documents.
<br />False Statements. Any warranty, representation or statement made or furnished to Lender by Trustor or on Trustor's bahalf under this
<br />Deed of Trust or the Related Documents is false or misleading in any materiel respect, either now or at the time made or furnished or
<br />becomes false or misleading at any time thereafter.
<br />Defective Cnllateralization. This Deed of Trust or any of the Related Documents caases to be in full force and effect (including failure
<br />of any collateral document to create a valid and perfected security interest or lian) at any time and for any reason.
<br />Death or Insolvency. The death of Trustor or the dissolution or termination of trustor's existence as a going business, the insolvency
<br />of Trustor, the appointment of a receiver for any part of Trustor's property, any assignment for the benefit af creditors, any type of
<br />creditor workout, or the commencsment of any proceeding under any bankruptcy or insolvency laws by or ageinst Trustor.
<br />Creditor or Furfaiture Proceedings. Commencement of foreclosure or torfeiture praceedings, whether by judicial proceeding, self-help,
<br />repossession or any other methpd, by any creditor of Trustor or by any governmantal 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 />Event of Default shall not apply if thera is a good faith disputa by Trustor as to the validity or reasonableness of the claim which is the
<br />basis of the creditor or forfeiture proceeding and if 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 6y Lender, in its sole
<br />discretion, as being an adequate reserve or bond for the dispute.
<br />Breach of Other Agreement. Any breach 6y Trustor under #he terms of any other agreement between Trustor and Lender that is not
<br />remedied within any grace period prvvided therein, including without limitation any agreement concerning any indebtedness or other
<br />obligation of Trustor to Lender, whather existing now pr 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 party dies or bacomes incompetent, or
<br />revpkes or disputes ths validity of, or liability under, any Guaranty of tha Indebtedness.
<br />Adverse Change. A material �dverse change accurs in Trustor's financial condition, or Lender believes the prospect of payment or
<br />performanca af the Indebtedness is impaired.
<br />Insecurity. Lender in good faith believes itself insecure.
<br />Existing Indebtedness. The payment of any instellment 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 on the Property.
<br />RIGWTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under 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 pefault; Additianal Remedies. If any Euent af Default occurs as per the terms of the Note secured hereby,
<br />Lender may declare ell Indebtedness secured by this Deed of Trust to be due and payable and the same shall thereupnn become
<br />due and payable without any presentment, demand, protest pr notice of any kind. Thereafter, Lender may:
<br />(a) Either in perspn or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a cvurt and
<br />without regard to the adequacy af its security, enter upon and [ake possessior+ of the�roperty, or any part thereof, in its
<br />own name or in the name of Trustea, 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 teking possessinn of the Prnperty, 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 end
<br />expenses of oparation and callection attarneys' 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 ect 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 applicativn of rents, issues or profits, Trustee ar
<br />Lender shall be entitled to exercise evary right prnvided for in the Nvte or the Related Documents or by law upon the
<br />occurrence vf any event af default, including tha right to exercise the power of sala;
<br />(b) Commence an action to foreclose this Deed of Trust as a mnrtgage, appoint a receiver or specifically enfvrce any of the
<br />covenants hereof; and
<br />(c) Deliver to Trustee a written declaration ot default and demand for sale and a written notice of default and electinn to
<br />causa Trustor's interest in the Property to be sold, which notice Trustee shall cause to be duly filed for reaord in the
<br />appropriate offices of tha County in which the Property is located; and
<br />(d) With respect to all or eny 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 />�, . Fareclvsure by Power of Sale. If Lender elects #o foreclvse by exercise of the Power of Sale h{ rg;n r�ontained, Lender shall notify
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