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Loan No: 810172
<br />DEED OF RUST
<br />(continu d) 2 0� 10 3:� 5 5 Page 4
<br />shall reimburse Lender for all costs and expenses incurred in connect�on with the matters referred to in this paragraph.
<br />Attorney-in-Fact. If Trustor fails to do any of the things referred to i the preceding paragraph, Lender may do so for and in the name
<br />of Trustor and at Trustor's expense. For such purposes, Trustor h reby irrevocably appoints Lender as Trustor's attorney-in-fact for
<br />the purpose of making, executing, delivering, filing, recording, and d ing all other things as may be necessary or desirable, in Lender's
<br />sole opinion, to accomplish the matters referred to in the preceding aragraph.
<br />FULL PERFORMANCE. If Borrower and Trustor pay all the Indebtedness including without limitation all future advances, when due, and
<br />Trustor otherwise performs all the obligations imposed upon Trustor unde this Deed of Trust, Lender shall execute and deliver to Trustee a
<br />request for full reconveyance and shall execute and deliver to Trustor sui able statements of termination of any financing statement on file
<br />evidencing Lender's security interest in the Rents and the Personal Pr perty. Any reconveyance fee required by law shall be paid by
<br />Trustor, if permitted by applicable law.
<br />EVENTS OF DEFAULT. Each of the following, at Lender's option, shall cc
<br />Payment Default. Borrower fails to make any payment when due urn
<br />an Event of Default under this Deed of Trust:
<br />thelndebtedness.
<br />Other Defaults. Borrower 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 any of the Related Documents or to compl with or to perform any term, obligation, covenant or condition
<br />contained in any other agreement between Lender and Borrower or T ustor.
<br />Compliance Default. Failure to comply with any other term, obligatio , 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 rei
<br />insurance, or any other payment necessary to prevent filing of or to f
<br />Default in Favor of Third Parties. Should Borrower or any Grantor
<br />purchase or sales agreement, or any 6ther agreement, in favor oi
<br />Borrower's or any Grantor's property or Borrower's ability to repay tl
<br />respective obligations under this Deed of Trust or any of the Related
<br />False Statements. Any warranty, representation or statement made
<br />Trustor's behalf under this Deed of Trust or the Related Documents
<br />time made or furnished or becomes false or misleading at any time tF
<br />Defective Collateralization. This Deed of Trust or any of the Related
<br />of any collateral document to create a valid and perfected security in
<br />�ired by this Deed of Trust to make any payment for taxes or
<br />fiect discharge of any lien.
<br />iefault under any loan, extension of credit, security agreement,
<br />any other creditor or person that may materially affect any of
<br />s Indebtedness or Borrower's or Grantor's ability to perform their
<br />furnished to Lender by Borrower or Trustor or on Borrower's or
<br />false or misleading in any material respect, either now or at the
<br />Documents ceases to be in full force and effect (including failure
<br />srest or lien) at any time and for any reason.
<br />Death or Insolvency. The death of Borrower or Trustor, the insolve cy of Borrower or Trustor, the appointment of a receiver for any
<br />part of Borrower's or Trustor's property, any assignment for t e benefit of creditors, any type of creditor workout, or the
<br />commencement of any proceeding under any bankruptcy or insolven y laws by or against Borrower or Trustor.
<br />Creditor or Forfeiture Proceedings. Commencement of foreclosure o
<br />repossession or any other method, by any creditor of Borrower a
<br />securing the Indebtedness. This includes a garnishment of any of B
<br />Lender. However, this Event of Default shall not apply if there is �
<br />reasonableness of the claim which is the basis of the creditor or fori
<br />notice of the creditor or forfeiture proceeding and deposits with
<br />proceeding, in an amount determined by Lender, in its sole discretion
<br />Breach of Other Agreement. Any breach by Borrower or Trustor
<br />Trustor and Lender that is not remedied within any grace perio�
<br />concerning any indebtedness or other obligation of Borrower or Trust
<br />forfeiture proceedings, whether by judicial proceeding, self-help,
<br />Trustor or by any governmental agency against any property
<br />rrower's or Trustor's accounts, including deposit accounts, with
<br />good faith dispute by Borrower or Trustor as to the validity or
<br />:iture proceeding and if Borrower or Trustor gives Lender written
<br />Lender monies or a surety bond for the creditor or forfeiture
<br />as being an adequate reserve or bond for the dispute.
<br />under the terms of any other agreement between Borrower or
<br />provided therein, including without limitation any agreement
<br />�r to Lender, whether existing now or later.
<br />Events Affecting Guarantor. Any of the preceding events occurs wi h respect to any guarantor, endorser, surety, or accommodation
<br />party of any of the Indebtedness or any guarantor, endorser, sur ty, or accommodation party dies or becomes incompetent, or
<br />revokes or disputes the validity of, or liability under, any Guaranty of he Indebtedness.
<br />Adverse Change. A material adverse change occurs in Borrower's c
<br />payment or performance of the Indebtedness is impaired.
<br />Insecurity. Lender in good faith believes itself insecure.
<br />RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs ur
<br />may exercise any one or more of the following rights and remedies:
<br />Trustor's financial condition, or Lender believes the prospect of
<br />this Deed of Trust, at any time thereafter, Trustee or Lender
<br />Acceleration Upon Default; Additional Remedies. If any Event f Default occurs as per the terms of the Note secured hereby,
<br />Lender may declare all Indebtedness secured by this Deed of Tr st to be due and payable and the same shall thereupon become
<br />due and payable without any presentment, demand, protest or n tice of any kind. Thereafter, Lender may:
<br />(a) Either in person or by agent, with or without bringing a
<br />without regard to the adequacy of its security, enter upor
<br />own name or in the name of Trustee, and do any acts
<br />marketability or rentability of the Property, or part of the F
<br />Proparty or protect the securiry of the Property; and, with �
<br />collect the rents, issues and profits of the Property, includii
<br />expenses of operation and collection attorneys' fees, to an
<br />Lender may determine. The entering upon and taking po:
<br />profits, and the application thereof shall not cure or wai
<br />invalidate any act done in response to such default or
<br />continuance in possession of the Property or the collectic
<br />Lender shall be entitled to exercise every right provided
<br />occurrence of any event of default, including the right to ex
<br />y action or proceeding, or by a receiver appointed by a court and
<br />and take possession of the Property, or any part thereof, in its
<br />�nrhich it deems necessary or desirable to preserve the value,
<br />operty or interest in the Property; increase the income from the
<br />• without taking possession of the Property, sue for or otherwise
<br />� those past due and unpaid, and apply the same, less costs and
<br />indebtedness secured by this Deed of Trust, all in such order as
<br />ession of the Property, the collection of such rents, issues and
<br />: any default or notice of default under this Deed of Trust or
<br />�ursuant to such notice of default; and, notwithstanding the
<br />�, receipt and application of rents, issues or profits, Trustee or
<br />�r in tha Note or the Related Documents or by law upon the
<br />rcise the power of sale;
<br />(b) 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 />(cl 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 be sold, whic notice Trustee shall cause to be duly filed for record in the
<br />appropriate offices of the County in which the Property is lo ated; 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 Code.
<br />Foreclosure by Power of Sale. If Lender elects to foreclose by e ercise of the Power of Sale herain contained, Lender shall notify
<br />Trustee and shall deposit with Trustee this Deed of Trust and th Note and such receipts and evidence of expenditures made and
<br />secured by this Deed of Trust as Trustee may require.
<br />(a) Upon receipt of such notice from Lender, Trustee shall cause to be recorded, published and delivered to Trustor such
<br />Notice of Default and Notice of Sale as then required by la and by this Deed of Trust. Trustee shall, without demand on
<br />Trustor, after such time as may then be required by law a d after recordation of such Notice of Default and after Notice of
<br />Sale having been given as required by law, sell the Prope 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 thereo its good and sufficient deed or deeds conveying the property so
<br />sold, but without any covenant or warranty, express or im lied. The recitals in such deed of any matters or facts shall be
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