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<br />DEED OF TRUST
<br />(Continued)
<br />Page 4
<br />the purpose of making, executing, delivering, filing, recording, and doing al� other things as may be necessary or desirable, in Lender's
<br />sole opinion, to accomplish the matters referred to in the preceding paragraph.
<br />FULL PERFORMANCE. If Borrower and Trustor pay all the Indebtedness when due, and Trustor otherwise performs all the obligations
<br />imposed upon Trustor under this Deed of Trust, Lender shall execute and deliver to Trustee a request for full reconveyance and shall
<br />execute and deliver to Trustor suitable statements of termination of any financing statement on file evidencing Lender's security interest in
<br />the Rents and the Personal Property. Any reconveyance fee required by law shall be paid by Trustor, if permitted by applicable law.
<br />EVENTS OF DEPAULT. At Lender's option, Trustor will bE in default under this Deed of Trust if any of the following happen:
<br />Payment Default. Borrower fails to make any payme;�t when due under the Indebtedness.
<br />Break Other Promises. Borrower or Trustor breaks any promise made to Lender or fails to perform promptly at the time and strictly in
<br />the manner provided in this Deed of Trust or in any'agreement related to this Deed of TrusL
<br />Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained in this Deed of 7rust, 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 of any lien.
<br />False Statements. Any representation or statemeni made or furnished to Lender by Borrower or Trustor or on Borrower's or Trustor's
<br />behalf under this Deed of Trust or the Related Documenis is false or misleading in any material respect, either now or at the time
<br />made or fumished.
<br />Defective Collateralization. This Deed of Trust or any of the Reiated Documents ceases to be in fult 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 />Death or Insolvency. The death of Borrower or Trustor, the insolvency of Borrower or Trustor, the appointment of a receiver for any
<br />part of Borrower's or Trustor's properiy, any assignment for the benefit of credito�s, any type ot creditor workout, or the
<br />commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower or Trustor.
<br />Taking of the Property. Any creditor or governmental agency tries to take any of the Property or any other of Borrower's or Trustor's
<br />property in which Lender has a lien. This includes taking ot, garnishing of or levying on Borrower's or Trustor's accounts with Lender.
<br />However, if Borrower or Trustor disputes in good faith whether the claim on which the taking of the Property is based is valid or
<br />reasonable, and if Borrower or Trustor gives Lender written notice of the claim and turnishes Lender with monies or a surety bond
<br />satisfactory to Lender to satisfy the claim, then this default provision will not apply.
<br />Breach of Other Agreement. Any breach by Borrower or Trustor under the terms of any other agreement between Borrower or
<br />Trustor and Lender that is not remedied within any grace period provided therein, including without limitation any agreement
<br />conceming any indebtedness or other obligation of Borrower or Trustor to Lender, whether existing now or later.
<br />Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of ihe I�debtedness or any
<br />Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness.
<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 of the
<br />same provision of this Deed of Trust within the preceding twelve (12) monihs, it may be cured if Trustor, after Lender sends written
<br />notice to Borrower demanding cure of such default: (1) cures the default within twenty (20) days; or (2) if the cure requires more
<br />than twenty (20) days, immediately initiates steps which Lender deems in Lender's sofe discretion to be sufficient to cure the detault
<br />and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably
<br />practicaL
<br />RIGHTS AND REMEDIES ON DEFAULT. If an Event of DF:fault occurs under this Deed of Trust, at any time thereafter, Trustee or Lender
<br />may exercise any one or more of the following rights and .�medies:
<br />Acceleration Upon Default; Additional Remedies. �f any Event of Default occurs as per the terms of the Note secured hereby,
<br />Lender may declare a!I 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 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 name of Trustee, and do any acts which it deems necessary or desirable to preserve the value,
<br />marketability or rentability ot the ProperYy, 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 of the Property, sue for or otherwise
<br />colleci 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 collection 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 of default under this Deed of Trust or
<br />invatidate 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 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 faw upon the
<br />occurrence of any event of defau�t, including the right to 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 />covenants hereof; and
<br />(c) Deliver to Trustee a written declaration of defauli 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 offices of the County in which the Property is located; and
<br />(dl 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 by Power of Sale. If Lender elects to foreclose by exercise of the Power of Sale herein contained, Lender shall notify
<br />Trustee and shal� deposit with Trustee this Deed of Trust and the Note and such receipts and evidence of expenditures made and
<br />se�wed by this Deed oi Trust as Trustee may require.
<br />(a) Upon receipt of such notice from Lender, Trustee shalt cause to be recorded, published and delivered to Trustor such
<br />Notice of Default and Notice of Sale as then required by law and by this Deed of Trust. Trustee shall, without demand on
<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 />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 />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 auction to the highest bidder for cash in lawful money of the United States payable at the 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 or implied. The recitals in such deed of any matters or facts shall be
<br />co�clusive proof of the truthfulness there�f. Any person, including without limitation Trustor, Trustee, or Lender, may
<br />purchase at such sale.
<br />(b) 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 connection with sale, Trustee shall apply the proceeds of sale to payment of (i) all sums expended under
<br />the terms of this Deed of Trust or under the terms of ihe Note not then repaid, including but not limited to accrued interest
<br />and late charges, (ii) all other sums ihen secured hereby, and (iii) the remainder, if any, to the person or persons legally
<br />entitted thereto.
<br />(c) Trustee may in the manner provided by law postpone sale of all or any portion of the Property.
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