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; � �; �� �+ � � ? :� � � + ° � D�ED OF TRUST
<br />(Col7titlued) 2 010 0 8 6 3 G Page 4
<br />Other Defaults. Trustor fails to comply with or to perform any other term, phligatian, cpvenant or condition contained in this Deed of
<br />7rust or in any of the Related Documents or io comply wiih or ta perform any term, o6ligation, covenant or condition contained in any
<br />other agreement between Lender and Trustor.
<br />Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained in this Deed of Trust, the Note
<br />or in any of the Relatad Dpcuments.
<br />Default on pther Payments. Failure ot 7rustor within the time required by this Deed of Trust to make any payment fpr taxes or
<br />insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien.
<br />Default in Favor of Third Parties. Should Grantor default under any loan, extension of credit, security agreement, purchase ar salas
<br />agreement, or any other agreement, in favor of any o[her creditor or person that may materially affect any of Grantor's property or
<br />Grantor's ability tp repay the Indebtedness or Grantor's ability to perform Grantor's obligations under this Daad af Trust ar any pf the
<br />Related Documents.
<br />False Statements. Any warranty, representation or ststement made or furnished to Lender by Trustor or on Trustor's behalf under this
<br />Deed of Trust or the Ralatad Documents is false or misleading in any maierial respect, either now or at the time made or furnished or
<br />becomes false or misleading at any time thereafter.
<br />Defactive Cdllateralization. This Deed of Trust or any of the Related Documents caases ta be in full fprce and eftect (including failure
<br />of any cnllateral document to creaie a valid and perfected security interest or lien) et any time and for eny reason.
<br />besth or Insolvency. The death of Trustor, the insolvency of Trustor, the appqintment of a receiver for any part of Trustor's property,
<br />any essignment for the benefit of creditors, any type of creditor workout, ar the commencement of any proceeding under any
<br />bankruptcy or insolvency laws by or against Trustor.
<br />Creditor or Forfeiture Proceedings. Commencement of foreclosure or fprfeiture proceedings, whether by judicial proceeding, self-help,
<br />repossession or any other method, by any creditor of Trustor or by any governmental agency against any property securing the
<br />Inde6tedness. 7his includes a garnishment of any of Trustor's accounts, including deposit accounts, with Lender. However, this
<br />Event nf Default shall not apply if there is a good faith dispute by l"rustor as tn 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 wi�h Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by l.ender, in its sole
<br />discretion, as being an adequate reserve or hond for the dispute.
<br />Breach of Other Agreement. Any breach by Trustor 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 />obligation of Trustar to Lender, whether existing now or later.
<br />Events Affeating Guarantor. Any af the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation
<br />party of any of the Indebtedness ar any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or
<br />revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness.
<br />Adverse Change. A material adverse change occurs in Trustor's financial condition, or Lender believes the prospect of payment or
<br />performance of the Indebtedness is impaired.
<br />Insecurlty. Lender in good fai[h believes itself insecure.
<br />Right to Cure. If any default, other than a default in payment is curable and if Trustor has not been given a notice of a breach of the
<br />same provision of this Deed of Trust within the preceding twelve (12) months, it may be cured if Trustor, after Lender sends written
<br />notice to Trustor demanding cure of such defeult: (1) cures the default wi[hin twenry (20) days; or (2) if the cure requires more
<br />than twenty (20) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default
<br />and thereafter continues and completes all reasonable and necessary steps sutficient to produce camplisnce ss soon as raasonsbly
<br />practical.
<br />RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trus[, a[ any time thereafter, Trustee or Lender
<br />may exercise any one or more of the following rights and remedies:
<br />Accelaratipn Upon Default; Additional Remedies. If any Event af Default accurs as per the terms of the Note secured hereby,
<br />Lender may declare all Indebtedness secured by this �eed of Trust to be due and payable and the same shall thereupon 6ecome
<br />due and payable without any presentment, demand, protest or notice of any kind. Thereafter, Lender may:
<br />(a) Either in person or by agent, with or without bringing any action or prnceeding, or by a receiver appointed by a court and
<br />without regard to the adequacy pf its security, enter upon and take possession of the Property, or any part thereof, in its
<br />own name or in the name of 7rustee, and do any acts which it deems necessary or desirable to preserve the value,
<br />marketability or rentability of the f'roperty, or part of the Property or interest in the Property; increase the incame 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 profits of the Property, including those past due and unpaid, and apply the same, less costs and
<br />axpenses of operation and collection attorneys' fees, to any inde6tedness secured by this Deed of Trust, all in such order as
<br />Lender may determine. The entering upon and taking possession pf the Property, the collection of such rents, issues and
<br />profits, and the application thereof shall nat cure or waive any default or notice of default under this Deed of Trust or
<br />invalidate any act done in responsa 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 application of rents, issues or profits, Trustee or
<br />Lender shall be entitled to exercise every right provided for in the Nate ar the Related Documents or by law upon the
<br />occurrence of any event of default, including the right to exercise the power of sale;
<br />(b) Commence an action to fareclose this beed of Trust as a mortgage, appoint a receiver or specifically enforce any of the
<br />covenants hereof; and
<br />(c) Deliver to Trustee a written declaration of default and demand for sale and a written notice of default and election to
<br />cause Trustar's interest in the Property to be sold, which nptice Trustee shall cause to be duly filed for record in the
<br />appropriate offices of [he County in which the Property is located; and
<br />(d) Wiih respect to all or any part of the Personal Property, Lender shall have alI the rights and remedies of a secured party
<br />under the Nebraska Uniform Gommercial Code.
<br />Foreclosure by Pawer of Sale. If Lender elects to foreclose by exercise of the Power of Sale herein contained, Lender shall notify
<br />Trustee and shalt deposit with Trustee this Deed of 7rust and the Npte and such receipts and evidence of expenditures made and
<br />secured by this Deed af 1'rust as Trustee may require.
<br />(a) Upon receipt of such notice from Lender, Trustee shell cause to be recorded, published and delivered to Trustor such
<br />Notice of Default and Notice of 5ala as then required by law and 6y this Deed of Trust. Trustee shall, without demand on
<br />Trustor, sfter such time as may then be required by law and after recordation of such Notice of Default and after Notice of
<br />Sale having been given as required py law, sell the Praperty at the time and plece of sale tixed by it in such Notice of Sale,
<br />either as a whole, or in separate lots or parcels or items as Trustee shall deem expedient, and in such order as it may
<br />determine, at public auctian to the highest bidder for cash in lawful money of the United States payable at tha time of sale.
<br />Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient deed or deeds conveying the property so
<br />sold, but without any covenant or warranty, express ar implied. The recitals in such deed of any matters or facts shall be
<br />conclusive proof of ihe truthfulness thereof. Any person, including without limitation Trustor, Trustee, or Lender, may
<br />purchase at such sale.
<br />(6) 'As may be permitted by law, after deducting all costs, fees and expenses of Trustee and of this Trust, including costs of
<br />evidence of title in cannection with sale, 7rustee shall apply the proceeds of sale ta payment af (i) all sums expended under
<br />the terms af this Deed of "frust or under the [erms of [he Note not then repaid, including 6ut not limited to accrued interest
<br />and late charges, (ii) all other sums �hen secured hereby, and (iii) the remainder, if any, to the person or persons legally
<br />entitled thereto.
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