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� � ' D�ED OF TRUST
<br />(Continued) 2 �� 1 � � 3� G ���� 4
<br />permitted by applicable law.
<br />EVENTS OF DEFAl1LT. Each of the following, at Lender's option, shall constitute an Event of Default under this Deed of Trust:
<br />Payment Default. Trus[or fails to make any payment when due under the Indebtedness.
<br />Other Defaults. Trustor fails to comply with or to perform any other term, obligetion, covenant or condition contained in this Deed of
<br />Trust or in any of the Relaied Documents or to comply with or Io perfnrm any term, obligation, covenant or condition contained in any
<br />other agreement between Lendar and Trustor.
<br />Compliance �efault. Failure to comply with any other term, obligation, covenant or cpnditian coniained 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 pf 7rust to make any payment for taxes or
<br />insurence, or any other peyment necessary to prevent filing of or to effect discharge of any lien.
<br />Defsult in Favor of Third Parties. Should Grantor default under any loan, extension of credit, security agreement, purchase or sales
<br />agreement, pr any pther agreement, in favnr of any other creditar ar person that may materialiy affect any of Grantor's property or
<br />Grantor's ability to repay the Indebtedness or Grantor's ability to perform Grantor's obligations under this Deed pf Trust or any of ihe
<br />Related bocuments.
<br />False Statements. Any warranty, representation or statement made or furnished Yo Lender by 7rustor or on Trustor's behalf under this
<br />Deed of Trust or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished or
<br />becomes false or misleading a[ any time thereafter. �
<br />Defective Collateralization. This Deed of Trust or any of the Reiated Documents ceases to be in fufl force and effect (including failure
<br />af any collateral document to create a valid and perfected security interest or Iien) at any time and for any reason.
<br />Death or Insolvency. The death of Trustor, the insolvency of 7rustor, the appointment of a receiver for any part of Trustor's property,
<br />any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any
<br />bankruptcy or insolvency laws by or against Trustor.,
<br />Creditor or Forfeiture Proceedings. Commencement �f foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help,
<br />repossession or any other methad, by any creditor of Trustor or by any governmental agency against any property securing the
<br />Indebtedness. This inc�udes a garnishment of any of Trustor's accounis, including deposii accoun#s, with Lender, However, this
<br />Evant of Default shall not epply if there is a good faith dispute by Trustor as ta tha validity or reasona�laness af tha claim which is the
<br />basis of the creditor or forfeicure proceeding and if Trustor gives Lender written notice of the creditnr or forfeiture proceeding and
<br />deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount datermined by Lender, in its sole
<br />discretion, as being an adequaCe 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 wi[hout limi[ation any agreement concerning any indebtedness pr pther
<br />obligation af Yrustar to Lender, whether existing now or later.
<br />Events Affecting Guarantar. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommpdaiion
<br />par[y of any of the Indebtedness or any guarantor, endorser, surery, or accommodation party dies or becomes incompetent, or
<br />revakes or disputes the validity of, or liability under, any Guaranty of the Indebtedness.
<br />Adverse Change. A ma[erial adverse change occurs in Trustor's financial condition, or Lender believes [he prospect of payment or
<br />performance of the Indebtedness is impaired.
<br />Insecurity. Lender in good faith believes itself insecure,
<br />Right to Cure. If any defaulk, 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 af Trust within the preceding twelve (12) months, it may be cured if Trustar, after Lendar sends written
<br />notice to Trustor demanding cure of such defaulc: (1) cures the default within twenty 1201 days; or 12) 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 cbmpleYes atl reasonable and necessary steps sufficient to produce ebmpiiance a5 soon as reasonahly
<br />practical.
<br />RIGHTS AND REMEDIES ON DEFAUL7. If an Event of �efault occurs under this Deed of 7rust, at any time thereafter, 7rustee or Lender
<br />may exercise any one or more of the following rights and remedies:
<br />Acceleration Upon Default; Additional Remedias. If any Event of befault 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 withput 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 proceeding, or 6y a receiver appointed by a court and
<br />without regerd to the adequacy of its security, enter upon and take possession of the Property, or any part [hereof, in i[s
<br />awn name or in the name of Trustee, and da 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 Property; and, with or without taking possessian of tha Property, sue for or otherwise
<br />collect the rents, issues and profits of the Property, including those past due and unpaid, and epply the same, less costs and
<br />expenses of operatian and collection attorneys' fees, to any indebtedness secured by this Deed of Trust, all in such order as
<br />Lender may determine. 7he entering upon and taking possession of the Property, the collection of such rents, issues and
<br />prafits, and the application thereof shall rot cure or waive any default or nntice of default under this Deed of Trust or
<br />invalidate any act done in response to such default or pursuant to such notice of defaulr, and, notwiths[anding 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 ta exercise every right provided for in the Note or ihe Related Dacuments or hy law upon the
<br />occurrence of any event of default, including the right ta exercise the power of sale;
<br />Ib) Commence an action to foreclose this Deed of Trust as a morigage, appoint a receiver or specifically enforce any of the
<br />cavenants 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 Trustor's interest in the Property to 6e sold, 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 Gode.
<br />Foreclosure by Power of Sale. If Lender elects to foreclose by exercise of Zhe Power of Sala herein contained, Lender sha�l notify
<br />Trustee and shall deposit with 7rustee this Deed of Trust and the Note and such receipts and evidence of expenditures made and
<br />secured by this Deed of 1'rust as Trustee may require.
<br />(a) Upon receipt of such no#ice from Lender, Trustee shall cause to be recorded, published and delivered to Trustor such
<br />Notice of Default and Notice of 5ale as then required by law and by this Deed of Trust. Trustee shall, without demand nn
<br />7rustor, after such time as may then be required by law and after recordation of such Notice of Dafault and after Notice of
<br />Sale having been given as required by law, sell the Property at the time and place of sale fixed by it in such Notice of Sale,
<br />ei[her as a whole, or in separate lots or parcels or icems as Trustee shell deem expedient, and in such order as it may
<br />determine, at public auction to the highest hidder for cash in lewful money of the United 5tates payahle at the time of sale.
<br />7rustee shall deliver [o such purchaser or purchasers thereof its good and sufficient deed or deeds conveying the property so
<br />sold, but withput any covenant or warranty, express or implied. The recitals in such deed of any matters or facts shall be
<br />conclusive proof of the truthfulness thereof. Any person, including without limitation Trustor, Trustes, or Lender, may
<br />purchase at such sale.
<br />(b) As may be parmitted 6y law, after deducting all costs, fees and axpenses of Trustee and of this 7rust, including costs of
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