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20�10219�
<br />DEED OF TRUST
<br />(Continued} Page a
<br />Default in Favor of Third Partin. Should Cirantor deiault under any loan, extension rn credit, security agreement, purchase or sales
<br />agreement, or any other agreemeni, in fawr ot any other creditor or person that may materlallv effect any of (3raMor's property or Grantors
<br />ebility to repav the Indebtedness or Grentor`s ebiliiy to pertorm GreMors obfipatlons under this Deed of Ttust or eny ot the Related
<br />Documents.
<br />False Statemenb. My wartanty, representation or statement made or tumished to Lender bv Trustot or on Trustors beheH under this Deed
<br />of 7rust or the Releted Documents is fatse or misleading in an5� meferial respect, either now or at the tlme made or rumished or becomes
<br />talse or m�leading at any time thereafter.
<br />Defective Collateralizallon. Thls Deed of Trust or any of the Releted Documenb ceesas to be in fuA force and effect lincluding tailure oi anv
<br />colleteral tlocumeM to create a valid and pertected securny mterest or lienj at arrv time and far arry reaaon.
<br />Death or Insolvancy. The death of Trustor, fhe insolvency of Tnistor, the appointment ot a rece�ver tor anV part of Trustor's property, any
<br />assignment for the benefit of credltors, any rype oi credltor workout, or the commencement ot arn/ proceeding under arry bankruptcy or
<br />insolvency laws by or against Tnistor.
<br />Cretlitor or Forteiture Proceedings. Corm�encemeM ot toreclosure or forteRure proceedings, whether by iudiciel proceeding, seH•help,
<br />repossesswn or any other method, by any creditor of Trustor or by arW govemmenffiI agencv agamst eny property securing the
<br />Indebtedness, This includes a gamishment of arry of Trustore accounts, including deposlt accounts, with lsnder. However, this Event or
<br />DetaulT shall not epply if there is a good faith dispute by Trustor as to the valfdity or reasonabteness of the claim whlch is the baais ot the
<br />crediror or forteiture proceeding and if Trustor gives Lender written notice ot the credNor ar toneiture proceeding and deposits wtlh Lender
<br />monies or a surery bond for the creditor or torieiture proceeding, in an artwunt deiermined by Lender, in its sole discretion, as being an
<br />adequete reserve or bond for the dispute.
<br />Breach of Other Agreement My breach by Trustor under the terrns oi any other agreernent betwesn Trustor and Lender that u not
<br />remedied Hrithin any grace period provided therein, including without Iimitatton eny agreement conceming any mdebtedness or other
<br />obligation of Trustor to Lender, whether existing now or later.
<br />Evenb Attectinp Quarantor. My of the preceding events a;curs with respeot lo any yuarantor, endorser, aurery, ar ac.commodatlon party
<br />ot any of the Indebtedness or any guarantor, endorser, surely, or accommodation party �es or betwmes inc:ompeteM, or revokes or disputes
<br />the validHy of, or Ilabiliry under, arry QuaraMy of the Indebtedness.
<br />Adverse Change. A matenal adverse cha�ge occurs in Trusrofs financfal condidon, or Lender believes the prospect �ot peyment or
<br />pertormance of the Indebtedness is imp�red.
<br />Inseeurity, lender in good faith believes itseH ir�secure.
<br />Right to Cure. N anV deteull, other U»an a defeuR in payment Is curable and H Trustor has rtot been given a notice ot e breach of the same
<br />provlsian of this Deed of Trust within the preceding twelve (12) months, it may be cured if Trustor, afler Lender sends written not�e to
<br />Trustor demanding cure of such detault: (11 cures the detauk within twenly (20) devs; or (2) If the cure reqwres more than twenly (201
<br />davs, immediately initfates atepe which Lender deems in Lenders sole discretian to be sufficient to cure fhe derauR and thereafter continues
<br />and completes all reesonable end neceesary steps sufficient to produce compliance as soon as reasonably practicaL
<br />RI(3HT3 AND qEMED1ES ON DEFAULT. If an Event of Detauft occurs under this Dsed of Trust, at arry time thereaiter, Trustee or Lender may
<br />exercise any one or more of Ihe tollowing nghts and remedies:
<br />Acceleratlon Upon Defautt; Additionai Remedles. If any Evern of Derault occurs as per the terms ot the Note secured hereby, Lender
<br />may declare all Indebtedness secured by this Deed of Trust to be due and paYable end the same shall thereupon become due end
<br />payeble witlwut any presentrnent, demand, protest or notice m any kfnd. Thersefter, Lender may:
<br />(a) Either m person ar by ageM, wfth or wfthout bringing arn action or proceeding, w by a recelver appointed by a court and
<br />without regard to fhe adequacy of Ns securiry, eMer upon end take possession of the Property, or any pert tliereof, m tts own name
<br />or m the name of Trustee, and do arry acts which it deems necessary or desirable to preserve the value, markeTabilily or rentabiliry
<br />of the Property, or pert ot fhe Property or ir�terest in the Property; increase the income from the Properlv ar protect the security ot
<br />the Property; and, with or without taking possession ot the Property, sue for or otherw�se cdlect the rents, issues and profks of the
<br />Properry, includinA those past due and unpaid, and apply the seme, less coab and expenses ot operation and collection attomevs'
<br />tees, to arn indebtednass secured by this Deed of Trust, atl In such order as Lender may detertn�ne. The entenng upon and taking
<br />possessron of the Property, the collection ot such reMs, asues and proflts, end the epplication thereot shall not cure or waive anV
<br />defauR or notice rn defautt under this Deed of Tnast or invalidate arn act done in response to such deteuR or pursuant to such
<br />notice of detauk; and, notwkhsfanding the coMinuence in posaesaron of the PropeAy or the collectlon, receipt and appiication oi
<br />renb, issues or profits, Tnistee or Lender shall be erditled to exercise everv r�ght provided mr in the Note or the Releted
<br />Documents or by law upon the occunence of any eveM of default, Incfuding the right to exercise the power ot sale;
<br />(b) Canmence an acpon to tweclose thfs Deed of Trust as a mortgege, appoint a receiver or specificelty ernorce any of the
<br />covenents hereo�; and
<br />(cj Deliver to Trustee a wriften declaratan ot detautt and demend fw sale end a written notice of detault arxi election to ceuse
<br />Trustors interest in the PropeAy to be sold, which not�e Trustee shall cause tb be duly fNetl for record fn the appropriate oBices of
<br />the County in which ttie Properly is located; and
<br />(d) With respect to all or amr part of the Personel Properly, Isnder shall have all the rights and remedies or a secured pertv under
<br />the Nebraska Uniform Commerc�el Code.
<br />Foreclosure by Power oT Sala If Lender elects to mreGose by exerase of the Power ot Sale here�n cornained, Lender shall notify
<br />Trustee and sheB depostt with 7rustee this Deed of Trust end the Note and such receipts end evldence of expenditures made end
<br />secured by this Deed oi Trust es Trustee mey require.
<br />(a) Upon receipt ot such notice irom Lender, Trustee shaN cause to be recorded, published and delivered to Trustor such Notica
<br />of Default and Notice of Sele as then required by law and bv thia Deed of Trust. Trustee she11, wflFaut demand on Trustor, atter
<br />such time as may than be required by lew and after recordatlon ot such Notice of Default end after Nonce of Sele having been
<br />gNen as required by law, sell the Property at the time and pece ot sele flxed bv R in such Notice of Sele, either as a whole, or in
<br />separate lots a parcels or items as Trustee shaq deem expedlent, and in auch order as ft may determine, at public auctlon to Ihe
<br />highest bldder for cash n lawtul money ot the Unked State, payable at the Nme of sels. Trustee shall deliver to such purcheser or
<br />purohasers thereof fts good and suft�ient deed or deeds convaymg ttie property so sdd, but without any covanant or warranry,
<br />express or implied. The recitals in such deed ot any msttere or iacts shall be coralusrve proot of the truthfulness thereot. Any
<br />person, including witliout Ilmitatbn Trustor, Trustse, or Lender, may purchese at such sele.
<br />(b) As may be permftted bv law, after deducting all costs, tees and expenses of Trustee and ot this Trust, mcluding costs or
<br />evidence of tide In connection with sale, Trustee shell apply the proceeds ot aale to payment ot (i) all sums expended under the
<br />lerms of this Deed of Truat or under the tertns of the Note not then repaid, including but not limited to accrued iMerest and late
<br />charges, (ii) all other sums then secured har¢by, and (Iii) the �emeinder, 'rf arry, to the person or persons legelly entitled thereto.
<br />(c) Trustse may m the manner provided by law postpone sale ot all or eny portlon of the Properry.
<br />Remedies Not Facclusiva Trustee and Lender, and each rn them, sheli be entitled ta enforce peyment and performance m any
<br />indebtedness or obligetlons secured by th3s Deed � Trust end to exero�se eN nghts and powers urWer this Deed of Trust, under the Note,
<br />under any of the Related Documents, or under any other agrsement or eny laws now or hereatter in rorce; notwlthstandinp, some a all ot
<br />such mdebtedness and obligatlons secured by thia Desd of Trust may now or hereafter be othenvise aecured, wheihar by rcartgaga, deed of
<br />trust, pledge, Ilen, assignmerit or otherwise. Nefther the accepfance of thls Deed of Trust nor its �cemeM, whether by court acllon or
<br />pursueM to the power oi safe or other powere conta�ned In this Deed of Trust, shall prejudfce or in eny menner affect Trustee`s or Lenders
<br />rlght to realize upon or enforce nny other seourHy now a hereafter held by Trustee or Lender, R being agreed that Trustee end Lender, and
<br />each W them, shell be er�titled to entorce thia Deed of Truat and arn other securily now or hereetter held by Lander or Tnastee �n such order
<br />and menner as they or either of tliem may M their abadute discretlon determine. No remedv conierred upon a reserved to Trustee or
<br />Lender, is �nterxied to be exclusive of any other ramedy m this Daed of Trust or by law provided or permitted, but each shall be cumulative
<br />and shall be in addfion to eveN other remedy grven in this Deed of Trust or now or hereafter existing at law or in equity or bv statute. Everv
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