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. . DEED OF TRUST 2 Q i O O S 3 8 1
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<br />(Continued) Page �
<br />for all costs and expenses incurred in connection with the matters referred to in this paragraph.
<br />Attorney-in-Fact. If Trustor fails to do eny of the things referrad tn in the praceding paragraph, Lender may do so for end in the name
<br />of Trustnr and at Trustor's expense. For such purposes, Trustor hereby irrevocably appaints Lender as Trustor's attorney-in-fact for
<br />the purpose of msking, executing, delivaring, filing, recording, and doing all other things as may be necessary or desirable, in Lender's
<br />sole opinion, to accomplish the matters referred to in the preceding paragraph.
<br />�ULL I'�RFORMANCE. If Borrower and Trustor pay all the Indebtedness when due, and Trustor ntherwise performs all the nbligations
<br />imposed upon 7rustor under this Deed of Trust, Lender shall execute and deliver to Trustee a request for full reconveyance and shall
<br />execute and deliver to Trustor suitable statements of termination of any financing statement on file evidencing l.ender's security interest in
<br />the Rents and #he Personal Property. Any reCOnveyance fee required by law shall be paid by Trustor, if permitted by applfcable lew.
<br />EbEN7S OF pEFAUL7. Each of the following, at Lender's option, shall constitute an Event of Default under this Deed of Trust:
<br />Payment Default. Borrower fails to make any payment when due under the Indebtedness. ,
<br />Other Defaults. Borrower or Trustor fails to comply with or to perform any other term, obligation, covenant or condition contained in
<br />this Deed of Trust or in any of the Related Documents or to comply with or to perform any term, obligation, covenant or enndition
<br />contained in any other agreement between Lender and Borrower or Trustor.
<br />Compliance Default. �ailure to comply with any other term, obligation, covenant nr epnditinn contained in this Deed of Trust, the Note
<br />pr in eny nf the Related Documents.
<br />Oefault on Other Payments. Failure of 1'rustor within the time required by this Deed nf Trust ta make any payment for tax'es or
<br />insurance, or any other payment necessary to prevent filing of qr to effact diacherge of any lien.
<br />Default in Favor of Third Parties. Shnuld Borrpwer vr any Grantor default under any laan, extension of credit, security agreement,
<br />purchase ar ssles agreement, or any other agr�ement, in favor of any other creditor or person that may materially affect any qf
<br />8orrower's or any Grentor's property or 8orrower's ability to repay the Indebtedness or E3orrower's or Grantor's sbility to perform their
<br />respective o6ligations under this Deed of Trust or any of the Related qocuments.
<br />Felae Statemants. Any warranty, representation or statement made or furnished to Lender by 8orrower or Trustor nr on 8orrower's or
<br />7rustor's behalf under this Deed of 1"rust ar the Related bocuments is false or misleading in any material respect, either now or at the
<br />time made or furnished or becomes falae or misleading at any time thareafter.
<br />Defective Collateralization. This need of Trust or any of the Relsted Dpcuments ceases to be in full force and effect (including failure
<br />of any collateral document to create a valid end perfected security interest or lien) at any time and for any reason.
<br />Death or Insolvency. The dissolution or termination of Borrower's or Trustor's existance as a going business, the insolvency nf
<br />Borrower or Trustor, the appointment of a receiver for any part of Borrower's or Trustor's property, any assignmant fpr the banefit of
<br />creditors, any type of creditor wvrkput, ar the commencement of any proceeding under any bankruptcy nr insolvency laws 6y or
<br />against Bnrrower br Trustor.
<br />Creditor nr Farfei#ure Prnceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help,
<br />repossession or any other method, by any creditor of Borrower vr Trustor or by any governmental agency against any property
<br />securing the Indebtedness. This includes a garnishment af eny of Borrower's or Trustor's accounts, including deposit accounts, with
<br />Lender, However, this Event af befault shell not epply if there is a good faith dispute by Borrower or Trustar as to the validity qr
<br />reasnnablenass of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower ar Trustor gives Lender written
<br />notice of the creditor or forfeiture proceeding and deposits with Lsnder monies or a surety bond for the creditor or forfeitwre
<br />proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute.
<br />8reach of Other Agreement. Any breach by �orrower or Trustar under the terms of any other agreement between Borrower dr
<br />Trustor and Lender that is not remedied within any grace period provided therein, including without limite#inn any agreement
<br />concerning any indebtedness ar pther obligation of 8orrower or Trustor to Lender, whether existing nqw or later.
<br />Events Affecting Guarantor. Any of ths preceding events occurs with respect to any Guarantor of any of the Indebtedness or any
<br />Guarantor dies or becomes incompetent, pr revokes or disputes the validity of, or liability under, any Gueranty of the Indebtedness. '
<br />Adverse Change. A material adverse change occurs in 8orrower's or Trustor's financial condition, or Lender I�elieves the prospect of
<br />payment or performance of the Indebtedness is impaired.
<br />Insecurity. Lender in good faith believes itself insecure.
<br />Existing Inde6tedness. The payment of any installment of principal or any interest nn the Existing Inde6tedness is not made within tha
<br />time required 6y the promissory note evidencing such indebtedness, or a default occurs under the instrument securing such
<br />indebtedness and is not cured during any applicsble grace period in such instrument, or any suit or vther ection is commenced to
<br />foreclose any existing lien pn the Property.
<br />RIGH1'S AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed af Trust, at eny time thereafter, Trustee or Lender
<br />may exercise any one or more of the follawing rights and remedies:
<br />Acceleratian Upon Default; Additional Remedies. If any Event af Default occurs es per the terms of the Note secured hereby,
<br />Lender mey dsclare all Indebtedness secured by this Deed of Trust to be due and payable and the same shall thereupon become
<br />due and payable without any presentment, demand, prntest or notice af 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 eppointed by a court end
<br />without regard to the adequacy of its security, anter upon and take possession of the Property, or sny pert thereof, in its
<br />own name or in tha name nf Trustee, and do any acts which it deems n8Ce889ry or desirable to preserve the value,
<br />markstak�ility or rentability of the F'roperty, nr part af the Prcrperty or interest in the f'roperty; increase the income from the
<br />Property or protect the security of the Property; and, with or without taking possession of the Property, sue for or otherwise
<br />collect the rents, issues and prpfits of the Property, including those past due and unpsid, end apply the same, less costs and
<br />expensas qf nperation and collection attorneys' 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 snd
<br />profits, and the application thereof shall not cure or waive any default or notice of default under this Deed ot Trust or
<br />invalidate any act done in response to such default or pursuant to such nptice of default; and, notwithstanding the
<br />continuance in possession of the Property or the cnllection, receipt and application of rents, issues ar prpfi#s, Trustee or
<br />Lender shall be entitled to exercise every right provided for in the Note or the Related Documents or by law upon the
<br />occurrence of any event nf default, including the right to exercise the power of sale;
<br />(b) Commence an action to foreclose #his Deed of Trust as a mortgage, appoint a receiver or specifically enforce any of the
<br />covenants hereof; and
<br />(c) Deliver to Trustee e writtan decleration of default and demand for sale and e writ#en notice of default and election to
<br />cause 7rustor's interest in the Property to be sold, which notice Trustee shall cause to be duly filed for record in the
<br />spprnpriete offices of the County in which the F'roperty is loceted; and
<br />(d) With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of s secured party
<br />under the Nebraska Uniform Commercial Cnde.
<br />Foreclosure by Power of Sale. If Lendar elects to foreclose by exercise of the F'ower of Sale herein contained, Lender shall notify
<br />Trustee 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) Upnn receipt of such notice from Lender, Trustee shall cause to be recorded, published and delivered tn Trustor such
<br />Notice of �efault and Notice of Sale as then required by lew and by this Deed of 'frust. Trustee shell, without demand on
<br />Trustor, after such time as may then be required by law and after recordation of such Notice of Def�ult and after Notice of
<br />Sale having been given as required by lew, sell the Property at the time and place of sale fixed by it in such Notice of Sale,
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