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DEED OF TRUST � � 1�. 0 Q 2 9�
<br />(Continued) P�ge 4
<br />this Deed ot Trust:
<br />Further Assurances. At any time, and from time tq time, upon request of Lender, Trustor will make, execute and deliver, or will cause
<br />to be made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, ceuse to be filed, recorded,
<br />refiled, or rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate, any and all
<br />such mnrtgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments pf
<br />further assurance, certificetes, end other documents es mey, in the sole opinion nf Lender, be necessary or desirable in order to
<br />effectuate, complete, perfect, continue, or preserve (1) Borrower's and Trustor's obligations under the Note, this Deed of Trust, and
<br />the Related Documents, and (2) the liens and security interests created by this Deed of trust as first and prior liens on the Property,
<br />whether now owned or hereafter acquired by Trustar. Unless prohibited by law or Lender agrees to the contrary in writing, 1`rustor
<br />shall reimk�urse Lender for all costs and expenses incurred in connection with the matters referred tn in this paragraph.
<br />Attomey-in-Fsct. If 7rustor fails to do any of the things referred #o in the preceding psragraph, Lender may do sq for and in the name
<br />of Trustor and at Trustor's expense. For such purposes, Trustor hereby irrevnca6ly appoints Lender as Trustnr's attorney-in-fact for
<br />the purpose of making, executing, deliuering, filing, recording, and doing all other things as may be necessary or desirable, in Lender's
<br />sole apinion, to accomplish the matters referred #o in #ha praceding paragraph.
<br />FULL PERFORMANCE. If Borrower and Trustor pay all the Indobtedness, including without limitation all future advances, whan due, and
<br />Trustor otherwise pertorms all the obligations imposed upon Trustor under this Deed of Trust, Lender shall execute and deliver to Trustee a
<br />request for full reconveyance and shall execute and deliver to Trustor suitable statements of termination of any finencing 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 />Trus#or, if permitted by applicable law.
<br />EVENtS 0� DEFAULT. Each of the following, at Lender's option, shall constitute an �vent pf befault under this beed of 7rust:
<br />P�yment Default. Borrawer fails ta make any peyment when due under the Indebtedness.
<br />Other Defaults. Borrnwer 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 eny of the Related �ocuments or to comply with or to perform any term, obligation, covenant ar condition
<br />contained in any pthar agraement t�etween Lender end Borrower or Trustor.
<br />Compliance Default. Feilure 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 of Trustor within the time required by this Deed of Trust tn make any payment for texes or
<br />insurance, or any other payment necessary to prevent filing of or to effect discherge of eny lien.
<br />Default in Favor of Third Parties. Should Borrower or any Grantor default under any loan, extension of cradit, security egreement,
<br />purchase or sales egreement, or any other agreement, in favor of any other creditor or person that may materially affect any of
<br />Borrower's or any Grantor's property or Borrower's ability to repay the Indebtedness or Borrower's or Grantor's ability to perfarm their
<br />respective abligations under this Deed of trust or any of the Related Dncuments.
<br />False Statements. Any warranty, representatipn or statement made or fumished to Lender by Borrower nr Trustnr or on Borrower's or
<br />Trustor's behalf under this Deed bf Trust or the Related Dncuments is false or misleading in any material respect, either now or at the
<br />time mede or fumished or 6ecomes false nr mislesding at any time thereafter.
<br />Defective Collateralization. This Deed of Trust or any of the Related Documents ceases to be in full force and effect (including failure
<br />of any collateral document to create a valid and perfected security interest or lien) at any time and for any reason.
<br />Insolvency. The dissolution or termination of 8orrower's or Trustor's existence as a going business, tha insolvency of Borrower or
<br />Trustor, the appointment of a receiver for any part of Borrpwer's or Truator's pr�p9rty, eny assignment for the benefit of creditors,
<br />any type nf ereclitnr wnrknut, or the eommencement of eny proceeding under any bankruptcy or insolvency laws by ar against
<br />Borrnwer or Trustor.
<br />Crediter ar Forfei#ure Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help,
<br />repossession or any other method, by any creditor of Borrower or Trustor or by any governmental agency against any property
<br />securing the Indebtedness. This includes a garnishment of any of Borrower's or 7rustor's accounts, including deposit accounts, with
<br />Lender. However, this Event of Default shall not apply it there is a good faith dispute by Barrower or Trustor as to the validity or
<br />reasonableness of the claim which is the 6asis of the crsditnr nr forfeiture proceeding and if Borrower or Trustor gives Lender written
<br />notice of the crsditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture
<br />proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute.
<br />Breach of Other Agreement. Any breach by Borrower or 7rustar under the terms of any other agreement between Borrnwer or
<br />trustor and Lender thst is not remediad within any grace peribd prbvided therein, including without limitation eny agreement
<br />concerning sny indebtedness or other nbligetion of Bnrrnwer nr Trustor to Lender, whether existing now or later.
<br />�vents Affecting Guarantor. Any of the preceding events occurs with respect #o any guarantor, endorser, surety, or accnmmodatinn
<br />party of any of the Indebtedness or any guarantor, endorser, aurety, or accommodation party dies or becomes incompetent, or
<br />revokes or disputes the validity of, or liability under, eny Gueranty of the Indebtedness,
<br />Adverse Change. A material adverse change occurs in Borrower's or Trustor's finsncial cnndition, ar Lender believes the prospect of
<br />payment or performance of the Indebtedness is impaired.
<br />Insecurity. Lender in good faith believes itself insecure.
<br />RIGHTS AND R�MEbI�S ON b�FAULT. If an Event of �efault occurs under this Deed of Trust, at any time thereafter, Trustee or Lender
<br />may exercise any one or more af the following rights end remedies:
<br />Acceleration Upon Default; Additional Remedies. If any Event of Default 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 peyeble without any presentment, demand, protest or notice of any kind. 7hereafter, Lender may:
<br />(a) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court and
<br />without regard to the adequacy of its security, enter upon and take possession of the Property, or any part thereof, in its
<br />own name or in the neme of Trustee, end do eny ects 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 Property; and, with or without taking possession pf the Praperty, 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 />expenses of operation and cnllection 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 and
<br />profits, and the application thereof shall not cure or waive any default or notice vf default under this Deed of Trust or
<br />invalidate any act done in response to such dsfault or pursuant to such notice of defeult; and, notwithstanding the
<br />continuance in pvssession 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 Note or 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 />(bl Commence an action to foreclose this Deed 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 demsnd for sale end a writt�n nbtice of defeult and election to
<br />cause Trustor's interest in the f'roperty to be sold, which notice Trustee shell cause to be duly filed for record in the
<br />spprqpriate offices of the County in which the Property is loceted; and
<br />(d) With respect to all or any part of the Personsl Property, Lander shsll hsve all the rights and remedies of a secured party
<br />under the Nebrsska Uniform Commercial Cade..
<br />Foreclnsure by Power of Sale. If Lender elects to fnreclnse by exercise of the Power of Sale herein contained, Lender shall notify
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