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'� r � � DEED OF TRUST 2 0110 3 9 2 9 pa
<br />(Continued) ge 4
<br />purchase or salea egreement, or any other agreement, in favor of any other creditor or person that may materially effect 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 perform their
<br />respective obligations under this Deed of Trust or eny of the Related Documents.
<br />False Statements. Any warranty, representation or statement made or furnishad to Lender by Borrower or Trustor or on Borrower's or
<br />Trustor's behalf under this Deed of Trust or the Relatad Documents is false or misleading in any materiel respect, either now or at the
<br />time made or furnished or becomes false or misleading at any time thereafter.
<br />Defective Colleterelization. This Deed of Trust or any of the Related Documents ceases to be In full force and effect (including failure
<br />of any collaterai document to create a valid end perfected security interest or lien) at any time and for eny reason.
<br />Death or Insolvency. The dissolution of Trustor's (regardless of whether election to continue is made), any member withdraws from
<br />the limited liability company, or any other termination of 8orrower's or Trustor's existence as a going business or the death of any
<br />member, the insolvency of Borrower or Trustor, the eppointment of a receiver for any part of Borrower's or Trustor's property, any
<br />assignment for the benefit of creditors, any typa of creditor workout, or the commencement ot any proceeding under any bankruptcy
<br />or insolvency lews by or against Borrower or Trustor.
<br />Credhor or Forfeiture 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 egainst any property
<br />securing the Indebtedness. This includes a garnishment of any of Borrower's or Trustor's accounts, including deposit accounts, with
<br />Lender. However, this Evant of Default shall not epply if there is a good fafth dispute by Borrower or Trustor as to the velidity or
<br />reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower or Trustor gives Lender written
<br />notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture
<br />proceeding, in en amount determined by Lender, in its sole discretion, as being en edequate reserve or bond for the dispute.
<br />Breach of Other Agreement. Any breach by Borrower or Trustor under the terms of any other agreement between Borrower or
<br />Trustor end Lender that is not remedied within any grace period provided therefn, including without limitation any egreement
<br />concerning any indebtedness or other obligation of Borrawer or Trustor to Lender, whether existing now or later.
<br />Everrts Affecting Guarantor. Any of the preceding avents occurs with respect to any guarantor, endorser, suraty, or accommodation
<br />perty of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or
<br />revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness.
<br />Adverse Chenge. A material adverse change occurs in Borrower's or Trustor's financial condition, or Lender believes the prospect of
<br />payment or performance of the Indebtedness is impaired.
<br />Insecurity. Lender in good feith believes itself insecure.
<br />RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default 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 remedies:
<br />Accelsration Upon Default; Additional Remedies. If any Event of Dafault 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 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 eny action or proceeding, or by a receiver appointed by a court and
<br />without regard to the edequacy of its security, enter upon and take possession of the Property, or eny pert thereof, in its
<br />own name or in the neme of Trustee, and do any acts which it deems necessary or desirable to preserve the value,
<br />marketebility 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 of the Property, sue for or otherwiae
<br />collect the rents, issues and profits of the Property, including those past due and unpeid, and apply the same, less costs end
<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 />invalidate eny 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 coliection, 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 />(b) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver or specifically enforce any of the
<br />covenents 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 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 />(d) With respect to all or any pert 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 shall deposit with Trustee this Deed of Trust and the Note and such receipts and evidence of expenditures mede 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 end 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 efter recordation of such Notice of Default and after Notice of
<br />Sale having been given as required by lew, sell the Property et the time end plece of sale fixed by it in such Notice of Sale,
<br />either as a whole, or in separete lots or parcels or items as Trustee ahall 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 recitais in such deed of any matters or fects shall be
<br />conciusive proof of the truthfulness thereof. Any person, inciuding 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 end 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 the Note not then repafd, including but not limited to accrued interest
<br />and late charges, (ii) all other sums then secured hereby, and (iii) the remeinder, if any, to the person or persons legally
<br />entitled thereto.
<br />(c) Trustee may in the manner provided by law postpone sale of all or any portion of the Property.
<br />Remedtes Not Exclusive. Trustee and Lender, and each of them, shall be entitled to enforca payment and performance of any
<br />indebtedness or obligations secured by this Deed of Trust and to exercise all rights and powers under this Deed of Trust, under the
<br />Note, under any of the Related Documenta, or under any other agreement or any lews now or hereafter in force; natwithstending,
<br />some or all of such indebtedness end obligations secured by this Deed of Trust may now or hereafter be otherwise secured, whether
<br />by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Truat nor its enforcement,
<br />whether by court action or pursuant to the power of sale or other powers contained in this Deed of Trust, shall prejudice or in eny
<br />manner affect Trustee's or Lender's right to realize upon or enforce eny other security now or hereafter held by Trustee or Lender, it
<br />being agreed that Trustee and Lender, and each of them, shall be entitled to enforce this Deed of Trust and any other security now or
<br />hereafter held by Lender or Trustee in such order end manner as they or either af them may in their absolute discretion determ(ne. No
<br />remedy conferred upon or reserved to Trustee or Lender, is intended to be exclusive of any other remedy in this Deed of Trust or by
<br />law provided or permitted, but each shall be cumulative and shall be in eddition to every other remedy given in this Deed of Trust or
<br />now or hereafter existing at law or in equity or by statute. Every power or remedy given by the Note or any of the Related Documents
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