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;'°' ,: ;; 9 :, ' DEED OF TRUST � O 1 O U S 2 5 �
<br />(Continued) Page 4
<br />Death or Insolvency. The dissolution of Trustor's (regardless of whether election to continue is msdel, any member withdraws 'from
<br />the limited IiaUility company, or any ather termination af Trustor's existence as a going business or the death of any memb2r, the
<br />insolvency of Trustor, the appointment of a receiver tor any part of Trustor's property, any assignment for the benefit af creditors, any
<br />type of creditor workout, or the commencement of any proceeding under any bankruptcy or insnlvency lews by or against Trustor.
<br />Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help,
<br />reposaession or any other method, by any creditor of 7rustor or kry any governmental agency against any property securing the
<br />Inde6tedness. This includes e gernishment of sny of Trustor's eccounts, including deposit accounts, with Lender. However, this
<br />Event of Default shall not apply if there is a good faith dispute 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 creditnr ar forfei#ure procseding and
<br />deposits with Lender manies or a surety bond for the creditor or forfeiture proceeding, in an smount detarmined 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 7rustor under the terms of any other agreement Between Trustor and Lender that is not
<br />remedied within any grace period provided therein, including without limitation any agreement concerning any indebtedness or other
<br />o6ligation of Trustor to Lender, whether existing now or later.
<br />Evants Affea#ing Gu�rantar. Any of the preceding events occurs with respect to any Guarantor: of eny of the Ind�btedrwb�t or eny
<br />Guarantor dies or becomes incompetenf, or reuokes or disputes the validity of, pr liebility under, any Guaranty' nf the Indebtedness.
<br />Adverse Change. A material adverse change nccurs in Trustor's financial condition, or Lender believes the prospect of peyment 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 under this Desd nf Trust, at any time thereafter, 7rustee or Lander
<br />may exercise any one or more of the following rights and remedies:
<br />Acceleration Upon Defeult; Additional Remedies. If any Event of Default occurs es per the terms of the Note secured heraby,
<br />Lender may declare all Indebtedness secured by this peed of Trust tn be due and payable and the same shall thereupon become
<br />dus end payable without any presentment, demand, protest or notins nf any kind. Thereafter, Lender may:
<br />(a) Either in person or by agent, with or withnut bringing any action or proceeding, or by a receiver appointed by a court and
<br />without regard to tha sdequacy nf its security, enter upon and take possession of the Property, or any part the�eof, in its
<br />own name or in the name of 7rustee, and do any acts which it deems necessary or desirable tn preserve the value,
<br />marketability or rentability of the F'roperty, nr part of the Property or interest in the Property; incresse the income from tlle
<br />Proparty or protect tha security nf the Property; and, with or without taking possession of the Property, sue for or otherwise
<br />collect the rents, issues end profits of the Property, including those past due end unpaid, and apply the same, less costs and
<br />expenses nf operetion and collection attorneys' fees, to any indebtedness secured by this beed of 7rust, all in such nrder as
<br />Lender may determine. The entering upon and taking possession of the Property, the collection ot such rents, issues and
<br />profits, and the application thereof shall not cure pr waiva any default or notice of default under thia Dsed of Trust or
<br />invalidate any act done in response to such dafault or pursuant to such notice of default; and, notwithstanding the
<br />continuance in possession of tha 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 Npte or the Related Documents or by law upon the
<br />nccurrencs of sny event of default, including the right to exercise the pqwer of sale;
<br />(b) Cammence an action to foreclose this Deed of Trust es a mortgege, appoint a receiver or specifically enforca any of the
<br />covenants hereof; and
<br />(c) �eliver to Trustee a written declaration pf defauit and demand for sale and a written notice of default and election to
<br />cause Trustor's interest in the Prqperty to be sold, which notice 1'rustee shall cause ta be duly filed for recard in the
<br />' - appropriete otftces of the Cownty in whicli fhe Property Is located; and
<br />(d) With respect tn sll pr eny part of the Personal F'roperty, Lender shall have eil #he rights and remedies of a secured party
<br />under the Nebraska Uniform Commercial Code.
<br />Foreclasure by Power ef Sele. If Lender elects ta foreclose by exarcise af the Power of Sale herein contained, Lender shall notify
<br />Trustee and shall deposit with Trustee this peed of Trust and the Note and such receipts and evidence of axpanditures made and
<br />secured by this Deed of Trust as 7rustee may require.
<br />(a) Upon receipt of such notice from Lender, Trustee shall cause to be recorded, published and delivered to Trustor suc'h
<br />Natice of Default and Notice of Sele ss then required by law and by this Deed of Trust. Trustee shall, without demand on
<br />7rustor, efter such #ime as may then be required by law and after recordation of such Notice of Default and after Notice df
<br />Sele having been given as required by law, sell the Property at the time and place of sale fixed by it in such Notica of Sa'le',
<br />either as a whole, or in separate lots or psrcels or items as Trustee shall deem expedient, end in such order as it may
<br />determine, at public auction ta the highest bidder for cash in lawful money of the United States payable at the time of sale.
<br />Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient deed or deeds conveying the property sa
<br />sold, but withnut any covenant or warranty, express or implied. Tha recitals in such deed of any matters or facts shall be
<br />conclusive prnnf of the truthfulness thereof. Any person, including without limitation Trustor, Trustee, or Lender, may
<br />' purchase at such sale.
<br />(b) As mey be permitted by law, after deducting all cos#s, fees and expenses of Yrustee and of this Trust, including costs of
<br />evidence of title in connection with sale, Trustee shall apply the proceeds of sale to payment af (i) all sums expended under
<br />the terms of this Deed of Trust or under the terms of the Note not then repaid, including but not limited to accrued interest
<br />and late charges, (ii) all other sums then secured hereby, and (iii) the remainder, if any, to the person or persons tegally
<br />entitled thereto.
<br />Ic) Trustee may in the manner provided by law postpone sale of all or sny portipn of the Property.
<br />Remedias Not Exclusive. Trustee and Lender, and each of them, shall be antitled to enforce payment and performance of any
<br />indehtedness or obligations secured by this Deed of Trust end ta exercise all rights and pawers under this Deed of Trust, under the
<br />Note, under any of the Related Documents, or under any other agreement or any laws now or hereefter in force; notwithstanding,
<br />some or all of such indebtedness and obligations secured by this Deed of Trust may now or hereafter be otherwise secured, whether
<br />by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enfprcement,
<br />whether by court action or pursuant to the power pf sale or other powers contained in this Deed of 7rust, shall prejudice or in any
<br />manner affect Trustee's or Lender's right to realize upon or enforce any other sacurity now or hereafter held by Trustae or Lsndsr, it
<br />being agreed that Trustee and Lender, and each nf them, ahall 6e entitled to enforce this Deed of Trust snd any other security now or
<br />hereafter held by Lender or Trustee in such order and manner as they or either of them may in their absalute discretion determine. No
<br />remedy conferred uppn or reserved to Trustee or Lender, is intended to be exclusive of any other remedy in this Deed of Trust or by
<br />law provided or permitted, but each shall be cumulative end ahall be in addition to every other remedy given in this Deed of Trust or
<br />now or hereafter existing at law or in equity or by statute. Every power or remedy given by the Note or any of the Related Documents
<br />to Trustee or Lender or to which either of them may be otherwise entitled, may be exercised, concurrently or independently, from time
<br />to time and as often as mey be deemed expedient by Trustee or Lender, and either of them may pursue inconsistent remedies.
<br />Nothing in this Deed of Trust shall be construed as prohibiting Lender from seeking a deficiency judgment against the Trustor to the
<br />extent such action is permitted by law. Election by I.ender to pursue any remedy shall not exclude pursuit af any other remedy, and
<br />an election to make expenditures or to take actinn to perform an obligation of trustor under this Deed of Trust, after Trustor's failure
<br />to perform, shall not affect Lender's right to declare a default and exeroise its ramedies.
<br />Request for Notice. Trustor, on behalf of Trustnr and Lender, hereby requests that e copy of any Notice of Default and a copy of any
<br />Notice of Sale under this Deed of Trust be mailed to them at the addresses set fprth in the first paragraph of this Deed of Trust.
<br />Attnmays' Feas; Expensea. If Lender institutes any suit or action #o enforce any of the terms of this beed of Trust, Lender shall be
<br />entitled to recover such sum as the court may adjudge reasonsble es ettorneys' fees at trial and upon eny appeal. Whether or nnt any
<br />court action is involved, end to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are
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