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DEED OF TRUST 2 O � O O 8 O G�
<br />Loan No: 508334 (Continued) Page 4�
<br />of Trusror and at Trustor's expense. For such purposes, Trustor herek�y irrevnr,ably appaints I.ender as Trusror's attorney-in-fact ior
<br />th? purpose of making, executing, delivaring, filing, recording, and doir7g all other things as �nay bP i7Pr,essary or desirable, in Lender's
<br />sole opinion, to accomplish the matters referred tc� in th? precedin,y paragraph.
<br />FUI.L P�RFORMANCE. If Trustor pays all the Indebtedness when due, and otherwise perTorrns all the obligatlnns imposed upon 7rustor
<br />under this Deed of Trust, Lender shall execute and deliver to 't'rustee a request for full rer,onveyance anci shall execute and deliver to
<br />Trustor suitable statements of termination of any financing staferrn,nf on file �vid�nr,ing L�nder's security interest in the Rents and the
<br />Personal Property. Any reconveyance fee required by law shall b� p�id hy Trustor, if permitted by applicahle law.
<br />EV�N7'S OF DEFAULT. At l.ender's option, Trustor will be in default und�r this Deed ot Trust if any of the following happen:
<br />Payment Default. Trustor fails to rnake any payment when due under the Indebtedness.
<br />Break Othar Promises. Trustor 6reaks �ny promise made to Lender or Tails to perTonn promptly at the time and strictly in the manner
<br />provided in this beed of Trust or in any agreement related tv tliis Ueed of Trust.
<br />Compliance Default. Failure to comply with any othFr tPrm, ohliyation, covenant or condition contained in Yhis []eed of Trust, the Note
<br />or irti any of the Related [7or,uments.
<br />Default on Qthew Payments. Failure pf Trustor within the time required by this Deer1 oF 'Trust tn rnak� �ny nayment for t�xes or
<br />insurance, or any other payment necessary to prevent filiny of or to efiect discharge of any lien.
<br />Default in Favor of Third Parties. 8hould Grentor default under any loan, extension of credit, security agreement, purchase or sales
<br />agreement, or any other agreement, in favor of 2ny other credilor or person that may materially atfect any of Grantor's property or
<br />Grantor's ability to repay the Indebtedness or Grantor's ability ko perform Grantor's obligations under this Deed of ?rust or any of the
<br />Related Documents.
<br />False Statements. Any represeritation or slaternent rnade or furnished to Lender k�y T'rustnr vr on Trustor's behalf under fhis Deed of
<br />Trust or the Related Documents is false or misleading in any material resper,t, eicher now or at th? I.ime rnade nr furnished.
<br />Defective Collateralization. This Deed of Trust or any of the Relaterl Documents ceases to be in full force arid eifect (including failure
<br />of any aollateral document to create a valid and perfected security interest or lien) at any tirr�e �r�d for ariy reason.
<br />Death ar Insolvency. The death of Trustor, the insolvency of Truslor, th� appointment of a receiver for any p2tt of 'iYusYOr's praperYy,
<br />any assignment for the benefit of crerliYOrs, ar7y type of creditor worl<out, or the cornniencernei7t of any proceeding under any
<br />bankruptcy or insolvency laws by or against Trustor.
<br />Taking af tl�e Property. Any creditor or gavernrnenYal agency tries to talce any ot the Pro�ierty or ar�y other nf Triastor's property in
<br />which Lender has a lien. This includes taking of, garnishing of or levyir7[� on l accounts with Lendr�r. However, if Trustor
<br />disputes in good faith whether the cl�+im on which the taking of the Property is based is valid or reason�ble, and if Trustor gives
<br />Lender written nofice of the claim and furnishes I_ender with monies or a surefy bond s�tisfactnry to Lendr�r to satisfy the claim, then
<br />this default provision will not apply.
<br />Breach of Other Agreement. Any breach by Trustor under the terms of :�ny nth�r agreement I.�etween �f`rustur and Lender that is not
<br />remedied within any grace pariod provided therein, incluriiny without limitation any ayreernent co�icerning any indebteciness or other
<br />obligation of Trustor to Lender, whether existin,y naw or I�ter.
<br />Events Affecting Guarantor. Any of the preceding evenl.s occurs with respect to any guarantor, endorser, sur'ety, or 2r�cornrnodacion
<br />party of any of the Indehtedness or �ny yuararitor, endorser, sur�:ty, or ecrommodatinn p�rty dias or becomes incompetent, or
<br />revokes or disputes the validity of, nr liabilily Gmcier, any Guar�nty of the Indebtedness.
<br />Insecurity. Lender in good faith believes itself insecure.
<br />Existingir�debtedness. The paymenx of eny ins[aliment of princlpat qY any on the Existin� Indebtedness is not made wFthiYi the
<br />time required by the promissory note evidonciny sur,h indehtedness, or a default occurs undei the irtstrurnerit securing such
<br />indebtedness and is not curc�d during any applicak�le ,yrac:e p�ripd in such instrument, or ar7y s�ait nr o[her ar.lipr7 is commenr.F�d to
<br />foreclose any Pxisting lien on the Property.
<br />Right to Cure. If any default, other than a default in payment is curable and it Trustor has not hcc�n given a notice of a 6reach of the
<br />same provision of this Deed of lrust within the prec.�ding twelve (12) months, it may be rured if Trustor, after Lender sends written
<br />noticP to Trustpr demanding cure of such default: (1) cures the de(ault within twenty (20) days; or (2) i( tl�e cGare rPquires mnre
<br />than twenty (20) days, imrnediaiely initiates steps which I_ender deems in Lender's sole discretion to be sufficient to cure the default
<br />and thereafter continues and completes all rc�asonable and necessary steps su(ficient: to produce cc�mpli�nce �s soon as reasonably
<br />practical.
<br />RIGHTS AND REMEDIES ON DEFAULT. If an Event of Defa�.il[ occurs under this L)eed of 'Trust, �C any timc� thereafter, Trustee or Lender
<br />may exercise any one or more of the Tollowing riyhts and remedies:
<br />Acceleratian Upon �etault: Additinnal Remedies. If any Event of f]efaul� occurs as per th� terms of the Noto secured hereby,
<br />Lender may declare all Indebtedness secured by this Deed of T'rust to be due and payable and the same shall thereupon 6ecorne
<br />due and payable without any presentrnent, demand, protest or nvlice of �ny N,ind. Thereafter, L.ender rnay:
<br />(a) F..ifher in person or by agent, with or without txinging any acfion or proceeding, nr k�y fl receiver appointed by e court and
<br />without regard to the adequacy of its security, enter upon and tal<e possessinn of 1he Property, or any part thereof, in its
<br />own name or in the narne of Trustee, and do any ar,fs wt�ir.h ik daams ner,essary or desir'ablP fo preservP thP valuca,
<br />marketability or rentability of the Praperty, or part of ihe F'roperry or interest in tlie Prnperty; inr,re�se the income from tha
<br />Property or protect tf�e security of the Property; er7c:1, with or withuut takin,y possession of the Property, sue for or otherwise
<br />collect the rents, issues and profits c�f the Properky, including Yhose pasl due and unpaid, and 7pply the same, less costs t�nd
<br />expenses of operation and c:qllec[ipn attorneys' fees, lo any indebtedness secured by ihis veed of Trust, all in such order as
<br />Lender may determine. Thc� entering upon and f�l<ing possession r�f the t�roperty, the collection of such rents, issues and
<br />profits, and the applir.ation therenf shall nqt cure or waive any default or notice of defaull under tY�is Deed qf Trust or
<br />invalidate any act done in response to such default vr pursuant to such notice of default; and, notwithstanding the
<br />continuance in possession of the Property or tt�e 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 f�elated Documents or by law upon the
<br />occurrence of any event of default, including the ricaht to exerr.ise the power of sale;
<br />(b) Commence an �r.tion to foreclose this Deed of Trust as a mortg�gc, eppoint a receiver or sper.iiically enfnrr.e any of the
<br />covenants hereof; and
<br />(c) ��liver to Trustee a writt�n declaration of rlefault �nd demand fvr sale :�ncl � written notice of default and eler,lion to
<br />cause Trustor's interest in the Property tn he sold, which notice Trusfee shall cause to be duly filed for record in the
<br />appropriate offices oF the County in which [he Pro�erty is Incated; and
<br />(d) With respect to all or any part of the Personal Property, LQnder shall have all the rights and rerriedies nf a ser.ured party
<br />under the Nebraska Uniform Comrnercial Gnde.
<br />Foreclosure by Powar of Sale. If Lender elects to foreclos? by exercise of che Power of 5�Ic� herein contained, Lerider shall notify
<br />Trustee and shall deposit with Trustee this f)eed nf Trust and the Note and such receipts and evidence oi exp�:nditures made and
<br />secured by this beed of T'rust as Trustee may requirF.
<br />(a) Upon rer,eipf o( such notice irom LendPr, Trustee shall cause to bP recorded, published and delivered to 1 such
<br />Notice of D�fault and Notir.e of Sale as then required hy law and hy lhis De�d of Trust. Trustee sh�ll, without demand on
<br />Trus#or, after such time �s may then be reryuired by law and afl?r recordation of such Notice of De(ault �nd after Nolice of
<br />Sale haviny been giver� r�s required by law, sell the f'roperty at the tim� and plar.� of sale fixed by it in siach Notice of Sale,
<br />Pither as a whnle, or in separate lots or paroels or items as Trusk?� shall deem expedient, and in such order as it may
<br />determine, at public aur,tion to the highest bidder for cash in lawTul money of the United States n�yable at the time nf sal�.
<br />Trusiee shall deliver to such purchas�r or purchasers thereof its good and suffir.ient deed or eeCls conveying the property so
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