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DEED OF TRUST
<br />� ' � '" ;; � ! ; (Continued► 2 01 � � 9 �,� G Pa �
<br />Attorney-in-Fact. If Trustor fails ta do any of the things referred to in the preceding paragraph, Lender may da sa for and in the name
<br />of Trustor and at Trustor's expense. For such purposes, Trustor hereby irrevocably appoints Lender as Trustor's ettomey-in-fact for
<br />the purpose of making, executing, delivering, filing, recording, and doing all other things as may be necessary or desirable, in Lender's
<br />sole opinion, [o accomplish the matters referred to in the preceding paragraph.
<br />FULL PERFORMANCE. If Borrower and Trustor pay all the Indebtedness, including without limitation all future advances, when due, end
<br />Trustor otherwise performs all the obligations imposed upon Trustor under this Deed of Trust, Lender shail execute and deliver to 7rustee a
<br />request for full reconveyance and shall execute and deliver to Trustor suitable statements of termination af any financing statement on file
<br />evidencing Lender's security interest in the Rents and the Personal Property. Any reconveyance fee required by law shall be paid by
<br />7rustar, if permitted by applicable law.
<br />EVENTS bF DEFAULT. Each of the following, at Lender's option, shall constitute an Event of pefault under this Deed of Trust:
<br />Payment Default. Borrower fails to make any payment when due under the Indebtedness.
<br />Oth'ar Defaults. �eorrqwer or Trustor fails to comply with or to perform any o[her term, obligation, covenant or condition con[ained in
<br />this Deed of 7rust or .in any of the Related L�ocuments or to comply with or ka parfarm any term, obligation, covenant or conditian
<br />contained in any other agreement between Lender and Borrower or 7rustor.
<br />Comqliance 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 Related Documents.
<br />Default on Other Payments. Failure af 7rustor within the time required by this Deed of Trust io make any payment for taxes pr
<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 Borrower or any Grantor default under any loan, extsnsion of credit, security agreement,
<br />purchasa or sales agreement, or any other agreemant, in favor of any other creditor or person that may materially affect any of
<br />Borrower's ar any Granior's property or Borrower's ability to repay the (ndebiedness or Borrower's or Grantor's a6itity to perform their
<br />respective obligations under this Deed of Trust or any of the Related Documents.
<br />False Statements. Any warranty, representation or statement made or furnished ta Lender by Borrower or Trustor or on Borrower's or
<br />Trustor's behalf under this Deed of Trust or the Related Documents is felse nr misleading in any material respect, either now or at the
<br />time made or furnished or becomes false or misleading at any time thereafter.
<br />Dafactive Collateralixation. This Deed of Trust ar any of #he Related Documents ceases to be in full force and effect (including feilure
<br />of any collateral document to create a valid and perfected security interest or lien) at any time and for any reason.
<br />Death or Insolvency. The dissalution or termination of eorrower's or Trustor's existence as a going business or the death of any
<br />partner, the insolvency of Borrower or Trustor, the appointment of a receiver for any part of Borrower's or Trustor's prpperty, any
<br />assignment for the 6enefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy
<br />or insolvency laws by or against Borrower or Trustor.
<br />Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial praceeding, self-help,
<br />repossession or any other method, by any creditor of Borrower or Trustor or by any governmental agency ageinst any property
<br />securing the Indebtedness. This includes a garnishment of any pf Bprrpwer's ar Trustor's accounts, including deposit accounts, with
<br />Lender. However, this Event of Default shall not apply if there is a good faith dispute by Borrower or Trus[or as to the validity or
<br />reasonabteness of the claim which is the pasis of the creditor or forfeiture prpcesding and if Borrower or Trustor gives Lender written
<br />notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety 6ond for the creditor or forfei#ure
<br />proceeding, in an amount determined 6y Lender, in its sole discretion, as being an adequate reserve or bond for the dispute.
<br />Breach of Other Agreement. Any hreach by Borrower or 7rustor under tha terms of any other agreement between Bprrower or
<br />7rustor and Lender that is not remedied within any grace period provided therein, including without limitation any agreement
<br />concer�7ing eny indet�tednass or other obligatian of Borrowar n; Trustor to-L�nder, whe±her exis#tn�-nevV-� late�.
<br />Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accammodation
<br />party of any of the Indeptedness or 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 Borrower's or Trustor's financial condition, or Lender believes the prospect of
<br />payment or performance of the Indebtedness is impaired.
<br />Insacurity. 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 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 Borrower demanding cure of such def�ult: (1) cures the default within twenty (2Q) days; or (2) if the cure requires more
<br />than twenty (20) days, immediately initiates steps which Lender deems in l.ender's sole discretion to be sufficient fo cure the defaulC
<br />and thereafter continues and completes all reasonable and necesssry steps sufficient to produce compliance as soon as reasonably
<br />practical.
<br />RIGH1"S AND REMEDIES ON DEFAULT. If an Event of D.efault occurs under this peed of Trust, a[ any time thereafter, Trustee or Lender
<br />may exercise any one or more of the following rights and ramadies:
<br />Acceleration Upon Default; Additianal Remedies. If any Event of Dafault PCCUf3 as per the terms pf the Npte secured hereby,
<br />Lender may declare all Indebtedness secured by this Deed of Trust to be due and paya6le and the sam� shall thereupon become
<br />due and payable withput any presentment, demand, protest or notice of any kind. 7hereafter, Lender may:
<br />(a) Either in person or by agent, with or wi[hout bringing any action or proceeding, or by a receiver appoin[ed by a court and
<br />without regard to the adequacy of its securi[y, enter upon and take possession of the Praperty, or any part thereof, in its
<br />own name or in the name of Trustea, and do any acts which it deems necessary or desirable to preserve 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 Prop�rty; and, with or without taking possession of [he Property, sue for or otherwise
<br />collect the rents, issues and profits of the F�roperty, including thase past dus and unpaid, and apply the same, less costs and
<br />expenses of operation and ca�le�tion attorneys' fees, to any indebtedness secured by this Deed of Trust, all in such order ss
<br />Lender may determine. The entering upon and taking possession of the P�aperty, the collectior of su�h rents, issues and
<br />profits, and [he application thereof shall no# cure or waive any defeult or notice nf default under this Deed of Trus[ ar
<br />invalidate any act done in response to such default or pursuant to such notice of default; and, notwithstanding the
<br />continuance in possession of the Property or the collectian, receipt and application of rents, issues or prnfits, 7rustee or
<br />Lender shall be entitled ta exercise every right provided for in the Note or the Related Documents or 6y law upon the
<br />occurrence nf any event of default, including [he righ[ to exercise the power of sale;
<br />(b) Commence an action ta foreclosa this beed of Trust as a mortgage, appoint a receiver or specifically enforce any of the
<br />covenants hereof; and
<br />(c) Deliver to Trus[ee a writ�en declaration of default and demand for sale and a written notice of default and election to
<br />cause Trustor's interest in the Property to be sold, which notice Trustee shall cause to be duly filed for record in the
<br />appropriate nffices of the County in which the Property is located; and
<br />(d) With respect to all nr any part of the Personal Property, Lender shall have all the rights and remedies of a secured party
<br />under the Nebraske Uniform Commercial Code.
<br />Foreclosure by Power of Sale. If Lender elects to foreclase by exercise of the Power of Sale herein cantained, Lender shall notify
<br />Trustee and shall deposit with Trustee this Deed of Trust and thp Npte and such receipts and evidence of expenditures mad8 and
<br />secured 6y this Deed bf Trust as Trustee mey require.
<br />(a) Upon receipt of such notice from Lender, 7rustee shall cause to be recorded, published and delivered to Trustor such
<br />Notice of Default and Notice of Sale as then required by law and 6y this Deed of Trust. Trustee shall, without demand on
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