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DEED OF TRUST
<br />(continued) 2 0110� 5 2� 9 Page 4
<br />whether now owned or hereafter acquired by Tn.�stor. Unless prohibited by law ar Lender agrees to the corrtrary in writing, Trustor
<br />sfiall reimburse Lender for aB costs and expenses incurred in connection with the matters referred to in this paragraph.
<br />Attorney-in-Fact If Trustor. fails to do any of the things referred to in the preceding paragraph, Lender may do so for and in the name
<br />of Trusto� and at Trustor's expense. For such purposes, Trustor hereby frrevocably appoints Lender as Yrustor's attorney-in-fact for
<br />the purpose of making, executing, delivering, filing, recording, and doing all 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 alI the Indebtedness, including without limitation all future advances, when due, and
<br />7rustor otherwise performs all the obligations imposed upon Trustor under this Deed of Trust, Lender sha11 execute and deliver to 7rustee a
<br />request for full recbnveyance and shall execute and deliver to Trustor suitable statements of termination of any flnancing statement on file
<br />evidencing Lender's security interest in the Rents and the Personal Property. Any reconveyance fee required by law shall be pald by
<br />Trustor, if permitted by applicable law.
<br />EVENTS OF DEFAULT. At Lenders 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 payment when due under the Indebtedness.
<br />Break Other Promises. Borrower or Trustor breaks any promise made to Lender or fails to pertorm promptly at the time and strictly in
<br />tha mannar provided in this Deed of Trust or in any agreement related to this Deed of Trust.
<br />Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained in this Deed of Trust, the Note
<br />or if� 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 paymenY necessary #o prevent filing of or to �ffect discharge of any lien.
<br />False Statements. Any representation or statement made or fumished to Lender by Borrower or Trustor or on Borrower's or. Trustor's
<br />behaff under this Deed of Trust or the Related Documents is false or misleading in 2ny materiel respect, either now or at the time
<br />made or fumished.
<br />Defecfifve Collateralization. This Deed of Trust or any of the Related Documents ceases to be in full force and effect (including failure
<br />of any collateraf document td creaCe a valtd and pertected securiry 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 property, any assignment for the beneft of creditors, any type of creditor workout, or the
<br />commencament of any proceeding under any banlwptcy or lnsolvency laws by or against Borrower or Trustor.
<br />Taking of the Property. Any creditor or govemmentat 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 of, gamishing of or levying on Borrower's or Trustot's accounts with Lender.
<br />However, ifi 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 fumishes tender 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, endorser, surety, or accommodation
<br />parly of any of the lndebtedness or any guarantor, endorser, surety, or accommodation party dles or becomes incompetent, or
<br />revokes or disputes the validity of, or IiabiliiyLnder, any Guaranty of the Indebtedness.
<br />Insecurity. Lender in good faith believes Itself insecure.
<br />Existing Indebtedness. The payment of any installment of princfpal or any interest on the Existin I Indebtedness ts not made within the
<br />time required by the promissory note evidencing such indebtedness, or a default occurs nder the instrument securing such
<br />indebtedness and is not cured during any applicable grace period in such. instrument, or any uft or other action is commenced to
<br />foreclose any existing lien on the Property.
<br />RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust, at a y time thereafter, Trustee or Lender
<br />may exerc�se any one or more of the following rights and remedies:
<br />Acceleration Upon Default; Addttional Remedies. If any Event of Default occurs as per th terms of the Note secured hereby,
<br />Lender may declare all Indebtedness secured by this Deed of Trust to be due and payable nd 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 appolnted by a courC and
<br />without regard to the adequacy of its sacurity, 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 rentabifity 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, wlth or without taking possession of the Property, sue for or otherwise
<br />collect 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 attomeys' 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 />proflts, anc# the application thereof shall not cure or waive any defautf or notice of defautt under this Deed of Trust or
<br />invalidate any act done ln response to such default or putsuant to such notice of default; and, notwithstanding the
<br />continuance in possession of the Property or the collection, receipt and applicatian of rents, issues or profits, Trustee or
<br />Lender shall be entitled to exercise every right provided for in the Note or the Relaied 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 recefver orspecifically enforce any of the
<br />covenants 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 part of the Personal Property, Lender shall have all the.rights and remedies of a secured party
<br />under the Neb�aska Unifortn Commercial Cade.
<br />Foreclosure by Power of Sale. If Lender elects to foreclose by exercise of the Power of Sals herein contained, Lender shail notify
<br />Trustee and shall deposit wlth Trustee this Deed of Trust and the Note and such receipts and evidence of expenditures made and
<br />secured by this Daed of Trust as Trustee may raquire.
<br />(a) Upon receipt of such notice from Lender, Trustee shalV 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 havfng 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 auc8on 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 withoufi any covenant or warcanty, 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, Trustee, or Lender, may
<br />purchase at.such sale.
<br />{b) As may be permitted by law, after deductlng all costs, fees and expenses of Trustee and of this Trust, including costs of
<br />evidence of title in connection wiih sale, Trustee shall apply the proceeds of sale to payment of (i) all sums expended under
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