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DEED OF TRUST
<br />� (Continued) 2 012 0171 � Page 5
<br />to in this �ragraph.
<br />Attomey-in-Fact If Trustor fafls to do any of the things referred to in the prec�ding paragraph, Lender may do �
<br />for and in the name of Trustor and at Trustor's exper�,se. For such purposes, Trustor hereby irrevocably appoints
<br />Lender as Trustor's attomey-in-fact for the purpose of 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 refeRed to fn
<br />the preceding paragraph.
<br />FULL PERFORMANCE. If Trustor pays all the Indebtedness when due, terminates the credft Iine ac:count, and othervvise
<br />pertorms all the obligaUons imposed upon Trustor under this Deed of Trust, Lender shall exewte and deliver to Tnisttee
<br />a request for full reconveyance and shall execute and deliver to Trustor suitable statements of termination of any
<br />flnancing statement on file evidencing Lender's security fnterest in the Rents and the Personal Property. Any
<br />reconveyance fee r�uired by law shall be paid by Trustor, If permitted by appflcable law.
<br />EVENTS OF DEFAULT. Tn�stor wfll be in default under this Deed of Trust if any of the following happen: (A) Trustor
<br />commtts fraud or makes a material misrepresentatlan at any tlme in connectlon �nrith the Credit Agreement. This can
<br />include, for example, a false statement about Trustors income, assets, liabiUUes, or any other aspects of Trustor's
<br />flnancial condition. (B) Trustor does not meet the repayment terms of the Credit Agreement. (C) Trustor's acUon or
<br />inaction adversely affects the collateral or Lenders rights in the c�llateral. This can�include, for example, failure to
<br />maintain required insurance, waste or destructive use of the dwelling, failure to pay taxes, death of all persons Ilable on
<br />the account, transfer of ttUe or sale of the dwelling, creation of a senior lien on the dwelling without Lender's
<br />permission, foreclosure by the holder of another Ifen, or the use of funds or the dwelling for prohibited purposes.
<br />RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Tnast, at any time thereafter,
<br />Trustee or Lender may exercise any orre or more of the following rights arid remedies:
<br />Acceleratlon Upon Default; Addittonal Remedies. If any Everrt of Default ocxurs as per the terms of the Credit
<br />Agreement secured hereby, Lender may dedare all Indebtedness secxared by this Deed of Tnast to be due and
<br />payable and the same shall thereupon beoome due and payable without any presentrrient, demand, protest or
<br />notice of any kind. Thereafter, Lender may:
<br />(a) Either in person or by agent, with or wfthout bringing any actlon or proceeding, or by a receiver
<br />appointed by a court and without regard to the adequacy of its security, enter upon and take po�sion
<br />of the Property, or any part thereof, in its own name or in the narr� of Trustee, and do any acts which it
<br />deems necc�ssary or desfrable to preserve the value, marketability or rentability of the Property, or part of
<br />the Property or interest in the Property; increase the income from the Property or protect the security of
<br />the Properly; and, with or without taking possession of the Property, sue for or othervvise collect the
<br />rents, issu� and proflts of the Property, including th�e past due and unpaid, and apply the same, less
<br />«�ssts and expenses of operation and collection attomeys' fees, to any indebtedness s�ured by this Deed
<br />of Trust, all in such orcier � Lender may determine. The ente�ing upon and taking possesslon of the
<br />Property, the collection of such rents, Issues and profits, and the applicatlon thereof shall not cure or
<br />waive any default or notic� of default under this Deed of Trust or invalidate any act done fn response to
<br />such default or pursuant to such notice of default; and, nofiMthstanding the �ntinuance in possess(on of
<br />the Property or the collection, receipt and applicatlon of rents, issues or proflts, Trustee or Lender shall
<br />be entitled to exerdse every right provided for in the Credit Agreement or the Related Documents or by
<br />law upon the occurrence of any event of default, including the right to exerdse the power of sale;
<br />(b) Commence an action to forecl�e this Deed of Trust as a mortgage, appoint a receiver or speciflcally
<br />enforce any of the covenants hereof; and �
<br />(c) Deliver to Trustee a w�itten dedaradon 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 flled for recorci in the appropriffie offtc�s of the Courriy in which the Properly is loc�ted; and
<br />(d) With respect to all or any part of the Persorrdl Property, Lender shall have all the �ighffi and remedies
<br />of a secured party under the Nebraska Uniform Commercial Code.
<br />Foreclosure by Power of Sale. If Lender elect.s to foreclase by exerdse of the Power of Sale herein oontained,
<br />Lender shall notlfy Trustee and shall deposit with Trustee this Deed of Trust and the Credit Agreement and
<br />such receipts and evidence of expenditures rriade and seaared by this Deed of Trust as Trustee may require.
<br />(a) Upon �eceipt of suc� notice from Lender, Trustee shall cause to be recorded, published and delivered
<br />to Trustor such Notice of Default and Notfce of Sale � then required by law and by this Deed of Trust.
<br />Trust� shall, without demand on Trustor, after such time as may then be required by law and after
<br />recordatlon of such Notice of Default and after Notice of Sale having been given � required by law, sell
<br />the Property at the Ume and plaoe of sale flxed by it (n such Notic� of Sale, either as a whole, or in
<br />separate lots or parcels or items as Trustee shall deem expedient, and in such order as it mey 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 shall deliver to such purchaser or purchasers thereof its good and sufficient deed 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 facts shall be conclusive proof of the truthfulness thereof. Any
<br />person, including without limitation Trustor, Trustee, or Lender, may purchase at such sale.
<br />(b) As may be permitted by law, after deducUng all costs, fees and expense.s of Trustee and of 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 thls Deed of Trust or under the terms of the
<br />Credit Agreement not then repaid, including but not Iimited to accrued interest and late charges, (if) all
<br />other sums then secured hereby, and (ili) the remainder, if any, to the person or persons legally entiUed
<br />thereto.
<br />(c) Trustee may in the manner provided by law postpone sale of all or any portion of the Properly.
<br />Remedies Not Facclustve. Tnistee and Lender, and° each of them, shall be enUtled to enforce� payment and
<br />pertormance of any indebtedness or obligatlons secured by this Deed of Trust and to exercise all �ights and powers
<br />under this Deed of Trust, under the Credit Agreement, under any of the Related Documents, or under any other
<br />agreement or any laws now or hereafter in force; notwithstanding, some or all of such indebtedness and
<br />obligations secured by this Deed of Trust may now or hereafter be otherwise secured, whether by mortgage, deed
<br />of trust, pledge, tien, assignment or otherwise. Neither the acxeptance of this Deed of Trust nor its enforcemant,
<br />whether by court acUon or pursuant to the power of sale or other powers conteined in this Deed of Trust, shall
<br />prejudice or in any manner affect Trustee's or Lenders right to realize upon or enforce any other security now or
<br />hereafter held by Trustee or Lender, it being agreed that Trustee and Lender, and each of them, shall be entitled to
<br />enforce this Deed of Trust and any other security now or hereafter held by Lender or Tnistee in such order and
<br />manner as they or either of them may in their absolute discretion determine. No remedy conferred upon or
<br />reserved to Trustee or Lender, is intended to be exclusive of any other remedy in this Deed of Trust or by law
<br />provided or permitted, but each shall be cumulaUve and shall be in additlon to every other remedy given in this
<br />Deed of Trust or now or hereafter existing at law or in equity or by statute. Every power or remedy given by the
<br />Credit Agreement or any of the Related Documents to Trustee or Lender or to which either of them may be
<br />otherwise entiUed, may be exercised, concurrently or fndependenUy, from time to time and as often as may be
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