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DEED OF TRUST � O�- � 017 3�
<br />(Continued) Page 5
<br />Documents, and (2) the liens and security interests created by this Deed of Trust on the Property, whether now owned
<br />or hereafter acquired by Trustor. Unless prohibited by law or Lender agrees to the contrary. in writing, Trustor shall
<br />reimburse Lender for all costs and expenses incuned in connection with the matters refened 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
<br />and in the name of Trustor and at Trustor's expense. For such purposes, Trustor hereby irrevocably appoints Lender as
<br />Trustor's attorney—in—fact for the purpose of makfng, executing, delivering, filing, recording, and doing all other things as
<br />may be necessary or desirabie, in Lender's sole opinion, to accomplish the matters referred to in the preceding
<br />paragraph.
<br />FULL PERFORMANCE. If Trustor pays all the Indebtedness when due, terminates the credit line account, and othervvise
<br />performs all the obligatlons imposed upon Trustor under this Deed of Trust, Lender shall ex�ute and deliver to Trustee a
<br />request for full reconveyance and shall execute and deliver to Trustor suitable statements of terminatlon of any financing
<br />statement on flle evidencing Lender's security interest in the Rents and the Personal Property. Any reconveyance fee required
<br />by law shall be paid by Trustor, if permitted by applicable law.
<br />EVENTS OF DEFAULT. Trustor will be in default under this Deed of Trust if any of the following happen: (A) Trustor
<br />commits fraud or makes a material misrepresentation at any Ume in connection with the Credit Agreement. This can include,
<br />for example, a false statement about Trustor's income, assets, Uabilities, or any other aspects of Trustor's financiat condition.
<br />(B) Trustor does not meet the repayment terms of the Credit Agreement. (C) Trustor's actlon or inaction adversely affects
<br />the collateral ar Lender's rights in the collateral. This can include, for example, failure to maintain required insurance, waste or
<br />destructive use of the dwelling, failure to pay texes, death of all persons liable on the account, transfer of title or sale of the
<br />dwelling, creation of a senior Ilen on the dweiling without Lender's permission, foreclosure by the holder of another lien, or the
<br />use of funds or the dwelling for prohibited purposes.
<br />RIGHTS AND RERIIEDIES ON DEFAULT. If an Event of Default 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 remedfes:
<br />Accelerat(on Upon Defeult; Addlttonal 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 />payabte 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 appointed
<br />by a court and without regard to the adequacy of its security, enter upon and take possession of the Property,
<br />or any part thereof, in its own name or in the name of Trustee, and do any acts which it deems necessary or
<br />desirable to preserve the value, marketability or rentability of the Property, or part of the Property or interest in
<br />the Property; increase the income from the Property or protect the security of the Property; and, with or without
<br />taking possession of the Properiy, sue for or othervvise collect the rents, issues and profits of the Property,
<br />including those past due and unpaid, and apply the same, less costs and e�cpenses of operatlon and collectlon
<br />attorneys' fees, to any indebtedness secured by this Deed of Trust, all in such order as Lender may determine.
<br />The entering upon and taking possession of the Prope►ty, the collection of such rents, issues and proflts, and
<br />the applicatlon thereof shall not cure or waive any default or notice of default under this Deed of Trust or
<br />invalidate any act done in response to such default or pursuant to such notice of default; and, notwithstanding
<br />the continuance in possession of the Property or the collection, receipt and applic�tlon of rents, issues or
<br />profits, Trustee or Lender shall be entitled to exercise every �ight provided for in the Credit Agreement or the
<br />Related Documents or by law upon the occurrence of any event of default, including the right to exercise the
<br />power of sale;
<br />(b) Commence an action to foreclose 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 written declaration of default and demand for sale and a written notice of default and
<br />election to cause Trustor's interest in the Property to be sold, which notice Trustee shall cause to be duly filed
<br />for r�ord 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 remedies of a
<br />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 />Lender shall notlfy Trustee and shall deposit wfth Trustee this Deed of Trust and the Credit Agreement and such
<br />receipts 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 shaii cause to be recorded, published and delivered to
<br />Trustor such Notice of Default and Notice of Sale as then requfred by law and by this Deed of Trust. Trustee
<br />shall, without demand on Trustor, after such Hme as may then be required by law and after recordation of such
<br />Notice of Default and after Notice of Sale having been given as requfred by law, sell the Property at the time
<br />and place of sale flxed by it in such Notice of Sale, either as a whole, or in separate lots or parcels or items as
<br />Trustee shall deem expedient, and in such order as it may determine, at public auction to the highest bidder
<br />for cash in lawful money of the United States payable at the time of sale. Trustee shatl deliver to such
<br />purchaser or purchasers thereof its good and suiflcient deed or deeds conveying the property so sold, but
<br />without any covenant or warranty, express or implied. The recitals in such deed of any matters or facts shall
<br />be conclusive proof of the truthfulness thereof. Any person, including without Umitation Trustor, Trustee, or
<br />Lender, may purchase at such sale.
<br />(b) As may be permitted by law, after deducting all costs, fees and expenses of Trustee and of this Trust,
<br />including costs of evidence of title in connection with sale, Trustee shall apply the proceeds of sale to payment
<br />of (i) all sums expended under the terms of this Deed of Trust or under the terms of the Credit Agreement not
<br />then repaid, includ(ng but not Umited to accrued lnterest and late charges, pij all other sums then secured
<br />hereby, and (iii) the remainder, if any, to the person or persons legally en�tled thereto:
<br />: (c) Trustee may in the manner provided by law postpone sale of all or any portion of the Property.
<br />Remedies Not Excluslve. Trustee and tender, and each of them, shall be entitled to enforce payment and
<br />performance of any indebtedness or obligatlons secured by this Deed of Trust and to exercise all rights 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 obligations
<br />secured by this Deed of Trust may now or hereafter be othervvise secured, whether by mortgage, deed of trust, pledge,
<br />lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, whethar by court acHon
<br />or pursuant to the power of sale or other powers contained in this Deed of Trust, shall prejudice or in any manner affect
<br />Trustee's or Lender's right to realize upon or enforce any other security now or hereafter hetd by Trustee or Lender, it
<br />being agreed that Trust� and Lender, and each of them, shall be entitled to enforce this Deed of Trust and any other
<br />security now or hereafter held by Lender or Trustee in such order and manner as they or either of them may in their
<br />absolute discreHon determine. No remedy conferred upon or reserved to Trustee or Lender, is intended to be exclusive
<br />of any other remedy in this Deed of Trust or by law provided or permitted, but each shall be cumulatnre and shall be in
<br />additlon to every other remedy given in this Deed of Trust or now or hereafter existlng at law or in equity or by statute.
<br />Every power or remedy given by the Credit Agreement or any of the Related Doauments to Trustee or Lender or to
<br />which either of them may be othervvise entitled, may be exercised, concurrently or independently, from time to time and
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