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201201954
<br /> DEED OF TRIJST
<br /> Loan No_ 872058529 (COtltlllued) Page 4
<br /> SECUfiITY AGREEMENTt FINANCING STATEM�ENTS. The following provisions relating to this Deed of Trust as a
<br /> security agreement are a part of this Deed of Trust:
<br /> Security Agreement. This i�strument shatl constitute a Security AgreemeM to the extent any of the Property
<br /> constitutes fixtures, and L�nder shall have all of the rights of a secured party under the Unifiorm Commercial Code
<br /> as amended from time to time.
<br /> Security InYerest. Upon request by Lender, Trustor shall take whatever action is requested 6y Lender to perfect
<br /> . and continue Lender's security interest in the Personal Property. In addition to reco:rding this Deed of Trust in the
<br /> reai property records, Lender may, at any time and without furtner 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 all expenses incurred in perfecting or continuing this security interest, Upon defiault, Trustor shall not
<br /> remove, sever or detach the Personal Property from tihe Prope�rty. Upon default, Trustor shalf assemble any
<br /> Personal Property not affixed to the Property in a manner and at a pla.ce reasonably convenient to Trustor and
<br /> Lender and make it available to Lender within three (3) days after receipt of written demand from Lender to the
<br /> extent permitted by applicabie law.
<br /> Addresses. The mailing addresses of Trustot (debto�) and Lender (secured party) from which information
<br /> concerning the security interest granted by this Deed of Trust may be obtained (each as required by the Uniform
<br /> Commercial Code) are as stated on the first page of this Deed of Trust�.
<br /> FURTHER ASSURANCES; ATTORNEV-IIV-FACT. The following provisions relating to further assurances and
<br /> attorney-in-fact are a part of tnis 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,to Lender or to Lender's designee, and when requested by
<br /> Lender, cause to be filed, 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 ail such mortgages, deeds of trust, security deeds, security
<br /> agreements, financing statements, continuation statements, instruments of fiurther assurance, certificates, and
<br /> other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete,
<br /> perfect, continue, or preserve (1) Trustor's obligations under the Credit Agreement, this Deed of Trust, and�the
<br /> Related Documents, and (2) the liens and security interests created. by this Deed of Trust as first and prior liens
<br /> on the Property, whether now owned or hereafier acquired by Trustor. Unless pronibited by law or Lender agrees
<br /> to the cnntrary in wriYing,Trustor shall reimburse Lender for all costs and expenses incur�ed in connection with the
<br /> matters referred to in this paragraph.
<br /> Attorney-in-Fact:. If Trustor fails to do any of the thi�ngs referred to in the preceding paragraph, Lender may do so
<br /> for and in the name of Trustor and at TruStor's expen5e. For such purposes, Trustor hereby irrevocably appoints
<br /> Lender as Trustor's attorney-in-fact for the purpose of making, execut[ng, delivering, filing, recording, and doing all
<br /> other things as may be necessary or desirable, in Lender's sole opinion, to accompiish the matters referred to in
<br /> the preceding paragrapfi.
<br /> FULL PERFORMANCE. If Trustor pays all the Indebtedness when due,terminates the credit line account, and otherwise
<br /> performs ail the obligations imposetl 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 ofi any
<br /> financing statement on file evidencing Lender's security interest in the Rents and the Personal Property: Any
<br /> reconveyance fiee required by law shall be paid by Ttustor, if permitted by applicable law.
<br /> EVENTS OF DEFAl1LT. Trustor will be in default under this Deed of Ttust if any of the following happen: (A) Trustor
<br /> commits fraud or makes a maYerial misrep�esentation at any time in connection with the CrediY Agreement. This can
<br /> include, for example, a false statement about Trustor's income, assets, liabilities, or any other aspects of Trustor's
<br /> finan�cial cond.ition. (B) Trustor does not meet the repayment terms of the Credit Agreement (C) Trustor's action or
<br /> inaction adversely afiFects the collateral or Lender's rights in the colfaterel. Tnis can include, for exampie, failure to
<br /> maintain required insurance, waste or destructive use of the dwelling, failure to pay taxes, death ofi ali persons liable on
<br /> the account, transfer of title or sale of the dwell�ing, creation of a senior lien on the dwelling without Lender's
<br /> permission, foreclosure by the holder of another li�en,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 Trust, at any time thereafter,
<br /> Trustee or Lender may exercise any one or more of tne following rignts and remed.ies:
<br /> Acceleration Upon Default;Additional Remedies. If any Event of Default occurs as per the terms of the Credit
<br /> Agreernent secured he�eby, 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 /> ta) 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 ad�equacy of its security, enter upon and take possession
<br /> of the Property, or any part thereof, in its own name or in the name of Trustee, and do any a�cts which it
<br /> deems necessary or desirable to preserve the value., marketability or re�ntability 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 Property; and, with or without tal<ing possession of the Property, sue fio� or otherwise collect the
<br /> rents, issues and profits of the Property, inciuding those past due and unpaid, and apply the same, less
<br /> costs and expenses of operation and coilection attorneys' fees,to any indebtedness secured by this Deed
<br /> of Trust, afl in such order as Lender may determine. The entering upon and tal<ing possession of the
<br /> Property, the collection of such rents, issues and profits, and the application thereof shall not cure or
<br /> waive any default or noti�ce of default under this Deed of Trust or invalidate any act done in response to
<br /> such defiault or pursuant to such notice of default; and, notwithstanding the continuance in possession of
<br /> the Property or tne collection, receipt and a.ppli�cation of rents, issues or profits, Trustee or LendeT shatl
<br /> be entitled to exercise every right provided for in the Credit Agreement or ihe Related Documents or by
<br /> law upon the occurrence of any event of default, including the right to exercise the power of sale;
<br /> (b) Comm�ence an action to foreclose this Deed ofi Trust as a mortgage, appoint a receiver or specifi�cally
<br /> enforce any of the covenants hereof; a�ntl
<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, whicn notice Trustee shall cause to be
<br /> dury filed#or 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, Lend�er shall have all the rights and remedies
<br /> of a secured party under the Nebraska Uniform Commercial Cod�e.
<br /> Foreclosure by Power of Sale_ If Lender elects to foreclose by exercise of the Powe��r of Sale here�.in contained,
<br /> Lender shall notify Trustee and shall deposit with Trustee this Deed of Trust and the Credit Agreement and
<br /> such receipts and ev➢dence of expenditures made and secured by this Deed of Trust as Truste�e may require.
<br /> (a) Upon receipt ofi such notice from Lender, Trustee shall cause to be recorded, pubiished and delivered
<br /> to Trustor such Notice of Default and Notice of Sale as then required by law and by this Deed ofi Trust.
<br /> Trustee shall, without demand on Trusto.r, 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 /> '�w+.l �`,
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