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201200607
<br /> DEED OF TRUST
<br /> Loan No: 872058449 (COntlnued) Page 4
<br /> security agreement are a part of this Deed of Trusti
<br /> Security Agreement. This instrument shall constitute a Secutity Agreement to the extent any of the Property
<br /> constitutes fixtures,and Lender shall have all of the rights of a secured party under the Uniform Commercial Code
<br /> as amended ffom time to time.
<br /> Security Interest. Upon request by Lender,Trustor shall take whatever action is requested by Lender to perfect
<br /> and continue Lender's security interest in the Personal Property. In addition to recording this Deed of Trust in the
<br /> real property records, Lender may, at any time and without further authorization from Trustor, file executed
<br /> counterparts, copies or reproductions of this Deed of Trust as a financing statement. Trustor shall reimburse
<br /> Lender for ali expenses incurred in perfecting or coniinuing this security interest. Upon default,Trustor shall not
<br /> remove, sever or detach the Personal Property from the Property. Upon defauit, Trustor shall assemble any
<br /> Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Trustor and
<br /> Lender and make it available to Lender within three (3) days after receipt of wrftten demand from Lender to the
<br /> e�tent permitted 6y applicable law.
<br /> Addresses. The mailing addresses of Trustor (debtor) and Lender (secured party} from which information
<br /> conceming the security interest grented by this Deed of Trust may be obtained (each as required by the Uniform
<br /> Commercial Codel are as stated on the first page of this Deed of Trust.
<br /> FURTHIER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating to further assurances and
<br /> attorney-in-fact are a part of this Deed of Trust. �
<br /> Further Assurances. At any time,and from time to time,upon request of Lender,Trustor will make,execute and
<br /> deliver,or will cause to be made,executed or delivered,fo Lender or to Lender's.designee,and when requested by
<br /> Lender,cause to be fil�ed,recorded, refiled,or rerecorded, as the case may be,at such times and in such offices
<br /> and places as Lender may deem appropriate,any and all such mortgages,deeds of trust,security deeds,security
<br /> agreements, financing statements, continuation statements, instruments of further assurance, certificates, and
<br /> other documents as may,in the sole opinion of Lender,6e necessary or desirable in order to effectuate,complete,
<br /> perfect,continue,or preserve (1) Trustor's obligations under the Credit Agreement,this�eed of Trust,2nd the
<br /> Related Documents,and (2) the Iiens and security interests created by this Deed of Trust as first and prior liens
<br /> on the Property,whether now owned or hereafter acquired by Trustor. Unless prohibited.by law or Lender agrees
<br /> to the contrary in writing,Trustor shall reimburse Lender for all costs and ezpenses incurred in connection with the
<br /> matters referred to in this paragraph.
<br /> Attomey-in-Fact, If Trusmr fails to do any of the things refe�red to in the precedi�g paragraph,Lender may do so
<br /> for and�in the name of Trustor and at Trustor's expense. For such purposes,Trusior hereby irrevocably appoints
<br /> Lende�as Trustor's attorney-in-fact for the purpose ofi making,executing,delivering,filing,recording,and doing all
<br /> other things as may be necessary or desirable, in Lender's sole opinion,to accomplish the matters referred to in
<br /> the preceding paragraph.
<br /> FULL PERFORMANCE. If Trustor pays all the Intlebtedness when due,terminates the credit I�ine account,and otherwise
<br /> performs all the obligations imposed upon Trustor under this Deed of Trust,Lender shall execute and deliver to Trustee
<br /> a request for full reconveyance and shall execute and deliver to Trustor suitable statements of termination of any
<br /> financing statement on file evidencing Lender's security interest in the Rents and the Personal Property. Any
<br /> . reconveyance fee required by law shall be paid by Trustor,if permitted by appliceble law.
<br /> EVENTS OF DEFAULT. Trustor will be in default under this Deed of Trust if any of the followring happen: (A) Trustor
<br /> commits fraud or makes a material misrepresentation at any time in connection with the Credit Agreement. This can
<br /> include, for example, a false statement about Trustor's i�come, assets, liabilities, or any other aspects of Trustor's
<br /> financial condition. (B) Trustor does not meet the�epayment terms o#the Credit Agreement. (C} Trustor's action or
<br /> � inaction adversely affects the collateral or Lender's rights in the collateral. This can include, for example, failure to
<br /> maintain required insurance,waste or desiructive use of the dwelling,failure to pay taxes,death of all persons liable on
<br /> the account, transfer of title or sale of the dwelling, creation of a senior lien on the dwelling without Lender's
<br /> permission,foreclosure try the holder of another lien,or the use of funds or the dwelling for prohibited purposes.
<br /> RIGHTS AND REMEDIES ON DEFAULT. If an Event of Defaalt occurs under this Deed of Trust,at any time thereafter,
<br /> Trustee or Lender may exercise any one or more of the following rights and remedies:
<br /> Acceleration Upon Default;Additional Remedies. If any Event of Default occurs as per the terms of the Credit
<br /> Agreement secured hereby,Lender may declare all Indebtedness secured by this Deed of Trust to be due and
<br /> payable and the same shall thereupon become due and payable without any presentment,demand,protest or
<br /> 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
<br /> appointed by a court and without regard to the adequacy of its security,enter upon and take possession
<br /> of the Property,ar any part thereof,in its own name or in the name of Trustee,and do any acts which it
<br /> deems necessary or desireble to preserve the value,marketability or rentability of the Property,or part of
<br /> the Property or interest in ihe Property;increase the income from the Property or protect the security of
<br /> .the Property; and, with or wixhout taking possession of tfie Property, sue for or otherwise collect the
<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 securetl by this Deed
<br /> of Trust,allin such order as Lender may determine. The entering upon and taking possession of the
<br /> Property,the collection of such rents, issues and profits, and the application thereof shall not cure or
<br /> waive any defiault or notice of default under this Deed of Trust or invalidate any act done in response to
<br /> such default or pursuant to such notice of default;and,notwithstanding the continuance in possession of
<br /> the Property or the collection, receipt and applicaYion of rents,issues or profits,Trustee or Lender shall
<br /> 6e entitled to exercise every right provided for in the Credit Agreement or the Related �ocuments or by
<br /> law upon the 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 TrusY as a mortgage,appoint a�eceiver ot 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 interest 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 locafed;and
<br /> (d) With respect to all or any part of the Personal Property;Lender shall have all the nghts and remedies
<br /> of a secured party 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,
<br /> Le:nder shall notify Trustee and shall deposit with Trustee this Deed of Trust and the Credit Agreement and
<br /> such receipts and evidence of expenditures made and secured hy this Deed of Trust as Trustee may require.
<br /> (a) Upon receipt of such notice from Lender,Trustee shall cause to 6e recorded,published and delivered
<br /> to Trustor such Notice of Default and Noiice of Sale as then required by law and by this Deed of Trust.
<br /> Trustee shall, without dema�d 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 law,sell
<br /> the Property at the time and place of sale fixed by it in such Notice of Sale, either as a whole, or in
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