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DE�D OF TRUST 2 Q 10 � 9 3 6�
<br />Loan No: 13248� (COntItlU6d) Page 4
<br />other agreement 6etween Lender and 7rustor.
<br />Compliance Default. Failure to comply with any other term, obligation, covenant nr cnndition contained in this Deed of Trust, the Note
<br />or in any of the Related Documents.
<br />Default on Other Payments. Failure of Trustor within the time required by this Deed of Trust to make any payment for taxes or
<br />insurance, or any other payment necessary to prevent filing of or to effect discharge vf any lien.
<br />False Statementa. Any warranty, representation or statement made or furnished to Lender by 7rustor or on Trustor's behalf under thie
<br />beed of Trust or the Related Documents is false or misleading in any materi�l respect, either now or at the time made or furnished or
<br />becames felse or misleading at any time thereafter.
<br />Defective Colle#eralization. This Deed of Trust or any of the Related Documents ceases to be in full fnrce and effect (including failure
<br />of any collateral document to creste a valid and perfected security interest or lien) et any time and for any reason.
<br />Death or Insolvency. The dissolution of Trustor's (regardless of whether election to continue is made►, any memk�er withdraws from
<br />the limited liability company, or any other termination of Trustor's existence as a going business or the death of any member, the
<br />insolvency of Trustor, the appnintment of a receiver for any part of Trustor's property, �ny assignment for the benefit of creditors, any
<br />type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Trustor.
<br />Creditor or Ferfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether 6y judicial proceeding, self-help,
<br />repossession or any nther method, by any creditor of Trustor or by any governmental agency against any property securing the
<br />Indebtedness. This includes a gamishment of any of 7rustor's accounts, including deposit accounts, with Lender. Howaver, this
<br />Event of Default shall not apply if there is a good faith dispute by Trustor as to the validity or reasonsbleness 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 with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined 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 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 Trustor to Lender, whether existing now or later.
<br />Events Affecting Guarantor. Any of #he preceding events occurs with raspect to any Guarantor of any of the Indebtedness or any
<br />Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness.
<br />Adverse Change. A material advarse change occurs in Trustor's financial condition, or Lender believes the prospect of payment or
<br />performence of the Indebtedness is impaired.
<br />Insecurity. Lender in good faith 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 af the
<br />seme provision of this beed 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 default: (1) cures the default within fifteen (15) days; or (2) if the cure requires more than
<br />fifteen (15) days, immadiately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and
<br />thareafter continues and completes al� reasonable and necessary steps sufficient tp produce compliance as soon as reasona6ly
<br />prectical.
<br />RIGHTS AND REMEpIE5 bN DEFAULT. If an Event nf Dafault occurs under this beed of Trust, at any time #hereafter, Trustee or Lender
<br />may exercise any one or more of the following rights and remedies:
<br />Acceleration Upon Default; Additional Remedies. If any Event of Defauit occurs as per the terms of the Note secured hereby,
<br />Lender may declare 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, protest or notice of any kind. Thereafter, Lender may:
<br />(a) Either in person or by agent, with or without bringing any ection or prqceeding, or by a receiver appointed by a court and
<br />without regard to the adequecy of its security, enter upon and take possession of the Propsrty, or any part thereof, in its
<br />own name or in the name of Trustee, and do any acts which it deems necessary or desirable to presarve the value,
<br />marketability or rentability of the Property, or part of the Property or interest in the Property; increase the income from the
<br />Property or protect the security of the Property; and, with nr wi#hpwt taking possession of the Property, sue for or otherwise
<br />collect the rents, issues and profits of the Property, including those past due end unpaid, end spply the same, less costs and
<br />expenses of operation and collection attorneys' fees, to any indebtedness secured by this Daad qf Trust, all in such order as
<br />Lender may determine. "fhe antering upon and taking possession of the Property, the collection of such rents, issues end
<br />profits, and the application thereof shall not cure or weive eny def�ult or notice of default under this Deed of Trust or
<br />invalidate any act done in response to such default nr pursusnt to such notice of dafault; and, notwithstanding the
<br />cantinuance in possession of the Property or the collection, receipt and application of rents, issues or profits, Trustee ar
<br />Lender shall be entitled to exercise every right provided for in the Note or the Related Documents or by law upon the
<br />nccurrence of any event of default, including the right tp exercise the power of sale;
<br />(b) Commence an action to foreclose this Deed of 7rust as a mortgage, appoint a receiver or specifically enforce any of the
<br />cqvenants h�reaf; and
<br />Icl Deliver to 7rustee a written declaration of default and demand for sale and a written notice of default and election to
<br />ceuse Trustor's interest in the Property to be snld, which notice Trustee shall cause to be duly filed for record in the
<br />appropriate offices of the County in which the Property is located; and
<br />(d) With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party
<br />under the Nebraska Uniform Commercial Code.
<br />Foreclosure 6y Power of Sale. If Lender elects to foreclose by exercise of the Power of 5ale herein canteined, Lender shall nntity
<br />Trustee and shall deposit with 7rustee this Deed of Trust and the Note end such receipts and evidence of expenditures made and
<br />secured by this Deed of Trust as Trustee may require.
<br />(a) Upon receipt of such na#ice from Lender, Trustee shall cause to be recorded, published and delivered to Trustar such
<br />Nntice of Default and Notice of Sale as then required by law and by this beed of 1'rust. Trustee shall, without demend nn
<br />Trustor, after such time as may then be required by law and after recordation of such Notice of Default and after Notice of
<br />Sala having baen given ss required by lew, sell the Property at the time and place of sale fixed 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 prder ss it may
<br />determine, at public auction to the highest bidder for cash in lawful money of the United States payable at the time of sale.
<br />7rustee shall deliver to such purchaser or purchesers thereof its good and sufficient deed or deeds conveying the property so
<br />sold, but without any cavenant or wsrranty, express or implied. The recitals in such deed of any mattera ar facts shall ba
<br />ennclusive prnof nf the truthfulness thereof. Any person, including withaut limitation Trustor, Trustee, or Lender, may
<br />purchase at such sale.
<br />(b) As mey be permitted by law, after deducting all casts, fees and expenses of Trustee and of this Trust, including costs af
<br />evidence of title in connection with sale, Trustee shall apply the proceeds of sale to payment of (i) all sums axpendsd under
<br />the terms of this Deed af Trust or under the terms of the Note not then repaid, including but not Iimited to accrued interest
<br />end late charges, (ii) all other sums then secured hereby, and (iii) the remainder, if any, to the person or persons fegally
<br />entitled thereto.
<br />(c) Trustee may in the manner provided by Isw postpone sale af all or any portion of the F'roperty.
<br />Remedies Not Exclusive. Trustee and Lender, and eech nf them, shall be entitled to enforce payment and perfnrmance of any
<br />indebtedness or obligations securad by this Deed of Trust and to exercise all rights and powers under this Deed of Trust, under the
<br />Note, under any of the Related Documents, or under any other agreemant or any laws now or hereafter in force; natwithstanding,
<br />some or ell 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 enforcement,
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