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� � � � � ` � " ��' � ' �' ' ' DEED OF TRUST
<br />(Continued► �� � � ,;� �.�'� � Page 5
<br />Trustor's behalf under this Deed ot Trust or the Related Documents is false or misleading in any materiai respect,
<br />either now or at the time made or furnished or becomes false or misleading at any time thereafter.
<br />Defective Collateralization. This Deed of Trust or any of the Related Documents ceases to be in fuli #orce and
<br />effect (including failure of any collateral document to create a valid and perfected security interest or lien) at any
<br />time and for any reason.
<br />Death ar Insolvency. The dissolution of Trustor's (regardiess of whether election to continue is madel, any
<br />member withdraws from the limited liability company, or any other termination of Trustor's existence as a going
<br />business or the deatfi of any member, ihe insolvency of Trustor, the appointment of a receiver for any part of
<br />Trustor's property, any assignment for the benefit of creditors, any type of creditor workout, or the
<br />commencement of any proceeding under any bankruptcy or insolvency laws by or against Trustor.
<br />Creditor or Forfeiture Proceedings. Commencement of foreciosure or forfeiture proceedings, whether by judicial
<br />proceeding, self-help, repossession or any other method, by any cred+tor of Trustor or by any governmental agency
<br />against any property securing the Indebtedness. This includes a garnishment of any of Trustor's accounts,
<br />including deposit accounts, with Lender. However, this Event of Default shali not appiy if there is a good #aith
<br />dispute by Trustor as to the validity or reasonable�ess ot the claim which is the basis of the creditor or forfeiture
<br />proceeding and if Trustor gives Lender written notice of the creditor or forfeiture proceeding and deposits with
<br />Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its
<br />sole discretion, as being an adequaTe reserve ar bond tor the dispute.
<br />Breach of Other Agreement. Any breach by Trustor under the terms of any other agreement between Trustor and
<br />Lender that is not remedietl within any grace period provided therein, inciuding without limitation any aqTeement
<br />conceming any indebtedness or other obtigation of 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 the
<br />Indebtedness or any Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability
<br />under, any Guaranty of the Indebtedness.
<br />Adverse Change. A material adverse change occurs in Trustor's financial condition, or Lend�r believes the
<br />prospect of payment or performance of the Indebtedness is impaired.
<br />Msecurity. Lender in good faith beHeves itself insecure.
<br />Right to Cure. If any default, other than a default in payment is curable and if Trustor has not besn given a notice
<br />of a breach of the same provision of this Deed of Trust within the preceding twelve (12) months, it may be cured if
<br />Trustor, after �ender sends written notice to Trustor demanding cure of such defautt: (1) cures the defautt within
<br />twenty 1201 days; or 12? if the cure requires rnore than twenty (20) days, immediately initiates steps which
<br />Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and
<br />completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonabty praciiCal.
<br />RIGHTS AND REMEDIES ON pEFAULT. If an Event of pefault occurs under this Deed of Trust, at any time tftsreafter,
<br />Trustee or Lender may exercise any one or more of the tollowing rights and remedies:
<br />Acceleration Upon Default; Additional Remediss. If any Event of Default occurs as per the terms of the Note
<br />secured hereby, Lender may declare all Indebtedness secured by this Deed of Trust to be due and payable and
<br />the same sha(( thereupon become due and payable without any presentment, demand, proYest or notice of any
<br />kind. Thereafter, Lender may:
<br />(a) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver
<br />appointed by a court and without regard to the adequacy of its security, enter upon and take possession
<br />of the Property, or any part thereof, in its own name or in the name ot Trustee, and do eny acts which it
<br />deems necessary or desirable to preserve the value, marketability or rentability of the PropeRy, or part of
<br />the Property or interest in the Property; increase the income from the Property or protecttiie secu�ity of
<br />the Property; and, with or without taking possession ot the Property, sue tor or otherwise coQect #he
<br />rents, issues and profits of the Property, including those past due and unpaid, and apply the same, less
<br />costs and expenses of operation and collection attorneys' fees, to any indebtedness secured by this Deed
<br />of Trust, all in such order as Lender may determine. The entering upon and taking possession ot the
<br />Property, the collection of such rents, issues and profits, and the application thereof shall not cure or
<br />waive any default or notice of default under this Deed of Trus# or invalidate any act done in response to
<br />such default or pursuant to such notice of default; and, notwithstanding the continuance in possession ot
<br />the Property or the collection, receipt and application of rents, issues or profits, Trustee or Lender shall
<br />be sntitled to exercise every right provided for in the Note or the Related Documertts or by !aw upon the
<br />occurrence ot 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
<br />enforce any of the covenants hereof; and
<br />(c) Deliver to Trustee a written declaration of default and demand for sale and a written notice of default
<br />and election to cause Trustor's inierest in the Property to be sold, which notice Trustee shall cause to be
<br />duly filed for record in the 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 remedias
<br />of a secured party under the Nebraska Uniform Commercial Code.
<br />Foreelosure by Power of Sale. If Lender elects to foreclose by exercise of the Power of Sale herein cantained,
<br />Lender shall notity Trustee and shall deposit with Trustee this Deed of Trust and the Note and such receipts
<br />and evidence of expenditures made and 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
<br />to Trustor such Notice of Default and Notice of Sale as then required by law and by this Deed of Trust.
<br />Trustee shall, withouT demand on Trustor, after such time as may then be required by law and after
<br />recordation of such Notice of Default and after Notice of Sale having been given as required by faw, sell
<br />the Property at the time and place of sate fixed by it in such Not+ce ot Sale, either as a whole, or in
<br />�eparate lots or parcels or items as Trustee shall deem expedient, and in such order as it may determine,
<br />at public auction to the highest bidder for cash in lawful money of the United States payable at the time
<br />of sale. Trustee shatl deliver to such purchaser or purchasers thereot its good ar+d sufficient desd or
<br />deeds conveying the property so sold, but without any covenant or warranty, express or implied. The
<br />recitals in such deed of any matters or tacts shall be conclusive proot of the truthfulness thereof. Any
<br />person, inciuding without limitation Trustor, Trustee, or Lender, may purchase at such sale.
<br />(b) As may be permitted by law, after deducting aJl costs, fees and expenses of Trustee and ofi this
<br />Trust, including costs of evidence of title in connection with sale, Trustee shall apply the proceeds of sale
<br />to payment of (i) all sums expended under the terms of this Deed of Trust or under the terms of the Note
<br />not thert repaid, including but not Iimited to accrued interest and late charges, 1ii1'aU other sums #hen
<br />secured hereby, and (iii) the remainder, if any, to the person or persons legalty entitled the�eto.
<br />(c) Trustee may in the manner provided by law postpone sale of all or any portion af the Property.
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