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� ' DEED OF TRUST 2 010 U'7 8 9 4
<br />(Continued) Page 4
<br />FULL PERF�RMANCE. If Trustor pays all the Indebte:dness when due, and otherwise performs all the obliga[ions imposed up�n Truslnr
<br />undEr this Deed o( ?rust, Lender shall execut� and deliver to Trustee o request for full reeonveyt�ncc: and shall executc: and deliver to
<br />Trustor suit��ble statements of terminalion o( any financing statement on (ile evidencing Lendor's security interest in th<: Renis and the
<br />Personal Prbperty. Any recnnveyance fee required by law sh�ll t�e paid by Trustor, ii permitted by applic�ble It�w.
<br />EVENt5 UF b�FAULt. At Lender's option, trustor will be in deiault under this Deed of Trust if �ny of the tollowing happen:
<br />Paymant Default. T'rustor tails to mskc any peyment when due under the Indebtedncss.
<br />Break Uther Promises. Trustc>r bre�ks any promise maUe to Lender or fails to perform promptly at the time and strictly in the m�nne.r
<br />provided in this f]eed of Trust or in any �greement related to this Deed of Trust.
<br />Compli�nne pefault. F�ilura to comply with any other term, obligation, covensnt or condition contained in this Deed of Trust, the Note
<br />or in any of the Relatc�d Documents.
<br />Default on Other Payments. Failure of Trustor within the time required by this Deed of Trust to make any payment fnr taxes or
<br />insurance, or any other payment necessary to prevent filing o( or to effect disch�arge nf �ny lien.
<br />Fatse Stetements. Any represantetinn nr statement mada nr furnished to Lendar by Trustor nr on Trustor's behal( under fhis Deed o(
<br />7rust or the Related Documents is false or misleading in any material resp�c[, either nnw nr at the time made or turnlshed.
<br />bafective Collateralization, This Deed oi Trust nr t�ny of khe Related ��cuments r.eases tb be in lull brr.e and effec:t lincludinq failure
<br />of rany r.ollateral document to cre,r�te a valid and perfect�:d security interest or lien) at any time and for t�ny retison.
<br />Dentl� or Insolvency. The dea[h of Trustor, the insolvency of Trustor, the t�ppointment of a reeeiver fpr any part oi Trustor's property,
<br />any assignment for the bene(it of creditors, any fype of creditnr workout, or the commencement ot any proeeeding under any
<br />benkruptcy or insolvency laws by or againsk trustor.
<br />Taking of the Property. Any creditor or gbvernmental agency tries to take any of the f'roperty or any other oi Trustor's property in
<br />whieh Lender has a lien. This includes taking nf, garnishing of or levying on Trustnr's accounts with Lender. Mowever, if Trustor
<br />disputes in goqd faith whether lhe claim on which the taking of the Property is b�sed is valid or reasonable, and if Trustar gives
<br />Lander written notice of the claim and furnishes Lender with monies or a surety bond statisf�actory to Lender to satisfy the claim, thGn
<br />this default pravisinn will not apply.
<br />8reach of Other Agreement. Any breach by 7rustor under the terms of �ny other agrecment between Trustor and Lender fh�at is not
<br />remedied within any groce period provided therein, including without limitetinn any agreemont concerning c�ny indabtedness or other
<br />obligation n( Trustor to Lender, whecher existinc� nnw or laker.
<br />Events Affecting Guarsntor. Any of the prer.eding events oecurs with respeci to any gu�arantor, endorser, surety, or accommori��tion
<br />p�rty of �ny of the Inde6tednes5 nr any guarantbr, endc�rser, surety, or accommodntion party dies qr hecomes incnmp�tent, or
<br />revokes or disputes the validity o(, or liability under, any Guaranty of the Indebtedness.
<br />Insecurity. Lender in gond iailh t�elicves itself inseeur�.
<br />Existing Indel�tedness. ?he payment <�f rany instaliment oi princ;ipt�l or any interest on the Existing IndebYedness is not made within fhe
<br />tirrre required by the promissory note evidehein,y such indebtedne5s, or e default occurs under the instrument securing sueh
<br />indebtedn�ss and is not cured during any applictable ,yr�ce period in such instrument, or �any suit or othar ection is commenct:d to
<br />foreclose any existing lien qn the Property,
<br />RIGHTS AND fiEME[�IES ON DEFAUL7. If an Event of Dafr3ult occurs under �his Deed of Trusc, at any time therea(ter, 7rustee or Lender
<br />may exercise any one or more of the tollowing rights and remedies:
<br />Accolbration Upon Default; Additinnal Remedies. If any Event of Def�ult occurs as p�r the terms of thc± Note secured hereby,
<br />Lender m�y declare all Indebtednass secured by this Deed of 7rust to be due end payable and the same shall thereupon become
<br />due and payahle withoui any presentment, dem�nd, protest or notice of any kind. Thereafter, Lpnder may:
<br />la) Either in persan or by agent, with �r without bringing t�ny action or prnceeding, or 6y a recziver t�ppointcd by a court �and
<br />withput regard to the adequocy of its security, enter upon and teke pc�ssession of the Prbperry, or �ny part there�f, in its
<br />own name or in the name of TrusteE, �nd do any acts whieh it dcams necessary or desirable to presetve the vt�lue,
<br />marketability or rpntahility of the Property, or part ot the Property ar interest in the F'ropc:rty; increase the incom� irom the
<br />Prc�perty or protect the sccurity of the Property; and, wilh c>r without taking pbssc�ssion o( the f'roperry, suu: (or or otherwise
<br />coll��t the rents, issues �ind prn(its of the Property, inc:luding those past due tand unpaid, and apply the st�me, less cosYS and
<br />expenses ot operation t�nd collection attorneys' fees, to any indebtedness ser.ured by this Deed of Trust, all in such nrder t�s
<br />Lender mey detErmine. 1he enteriny upon �nd taking pos5ession o( the Property, the cnllectinn of such rents, issu<�s �nd
<br />profits, and the application thereof shtall not cure or waive tany de(ault or notice of d�fnult under this Ueed of Trust or
<br />invalidate any act dbne in responsF lo such default or pursuant to such notice of de(ault; �and, notwilhst�nding the
<br />eontinu�ance in possession bf thc� Property br the coliection, receipt and applieation pf rents, issues or profits, 7rustee br
<br />Lender shall be entitled t� exercise every right provided for in the Note or th� Related Documents or k�y law upon the
<br />occurrence of any evenf of default, including lhe right to exercise the power pf sale;
<br />(b) Commence an t�etion fo ioreclose this �eed of Trust t�s a mbrtgar�e, tappoint ta rGCeiver or specifically c;nfprce any of the
<br />cnvenants hereof;and
<br />icl Deliver to 7rustee a written declarati�n nf default and demvnd for sale and a written notice of default and election tn
<br />cnuse 7rustor's interest in the Property to be s�ld, which notice Trustee sh�ll cause to be duly liled for record in the
<br />appropriate otfices n( the Cnunry in which lhe Property is �ocated; and
<br />(d) With respect tb �al) c�r �ny G�aart o( the Personel F'roperty, Lender shall have �II the rights and remedies of a secured party
<br />under the Nebraskt� Uni(c>rm Commerci�tl Cbdc�.
<br />�oreclosure by Power pf Sale. If Lender elects to foreclnse by exercise oi the Pawc�r of Sale herein cnnttained, L�ndnr shall notify
<br />"rrustee �nd shtall deppsit with Trustee this l7eed of Trust and the Note �and such rr,ceipts and evidence of expnnditures made �and
<br />seeured hy this Deed nf 7rust as Trustee may require.
<br />(al Upon receipt ot such notice from Lender, Trustee shell cause to be rec�rded, published and delivr.red to Trustor such
<br />Notice of Default end Notice nf St�le as then required by law and by this beed bi Trust. Trustee shall, without dem��nd on
<br />7rustor, after such timo as may then be required by law and after recnrdacion of such Notice ot De(�ault and t+ftqr Nptice oi
<br />Sale having been given as required by I�w, still the Prnperty at the kime and plece of sale fixed by it in such Notice bf Sale,
<br />either as a whc�le, or in sepArate Ints ar parcels or items as Trustee shall deem expedient, and in such order as it mr�y
<br />determine, �tt public auction to the highesi bidder (or essh in lawtul money of the United 5tates payable �at the time o( s�le.
<br />Trustee shall deliver to such pur<:h�ser nr purchasers thereot its good and suffir.ient deed or deeds conveying the property sb
<br />sold, but without any eoven+ani pr warranty, express or implied, The recitals in such deed of �any mt�tters or facts shall be
<br />cnnclusiue prooi pf the truthfulness therenf. Any persnn, including without limit�ation Trustar, Trustee, or Lender, mtay
<br />purchase at such sale.
<br />(t�) As may be permitted by law, flfter deducting all costs, fees and expenses of Trustee and of this Trust, including costs of
<br />evidence bt title in connection wilh sale, Trustee shall apply the proceFds of sale to payment oi (i) �tll sums exppnded under
<br />the terms of thi5 Deed of 7rust or under the [erms of the Nota npt. then repaid, including but' not limited to accrued interest.
<br />and Iste ch�rges, (ii) all other sums then 5ecured hereby, and liiil ihe remainder, if any, tn the person or persons ley�lly
<br />entiYled thereto.
<br />(a) trustoe may in the manner prouided by law pastpone sale nf ell or �any porlion of fhe Property.
<br />Remedies Not �xclusive. 7rustee and Lender, and each of them, shall be entitled to eniorce p�yment and perfbrmance t�f any
<br />indebtedness. or obligetibns secured by this Deed af Trust and to exercise �all rights and powprs under this Deed of Trust, und<�r the
<br />Nofe, under any of the Releted Documents, qr under any other ac�reement or any Ipws now or herezfter in force; nofwithst�nding,
<br />some or all bi such indebtedness tand c�bligations secured by this Deed o( 7rust m�y npw or herea(ter be �therwise sr.cured, whether
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