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201207253
<br /> DEED OF TRUST
<br /> Loan No: 872056227 (COntlClued) Page 4
<br /> security agreement are a part of this Deed of Trust:
<br /> Security Agreement. This instrument shall constitute a Security Agreement to the e�ctent any of tne Property
<br /> constitutes fixtures, and Lender shall have all ofi the rights of a secured party under the Uniform Commercial Code
<br /> as amended from time to time.
<br /> Security Interest_ Upon request by Lender, Trustor shall take whateve� 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 fiurther authorization firom Trustor, file executed
<br /> counterparts, copies or reproductions of this Deed of Trust as a financing statement. Trustor shali reimburse
<br /> Lender for all expenses incurred in perfecting or conti�nuing this security interes't. Upon defiault., Trustor shall not
<br /> remove, sever or detach the Personal Property from the Property. Upon defiault, 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 /> Lende� and make it available to Lender within three (3) days after receipt of written demand from Lender to the
<br /> extent permitted by applicable law.
<br /> Addresses: The mailing addresses of Trustor (debtor) and Lender (secured party) from which information
<br /> concerning tne security interest granted by this Deed of Trust may be obtained (each as required by the Unifo�rm
<br /> Comrnercial Code) are as stated on the first page ofi this Deed ofi Trust.
<br /> FURTHER ASSURANCES: ATTORNEY-IN-FACT. The following provisions relating to further assurances and
<br /> attomey-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 oe 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 all such mortgages, deeds of trust, security deeds, security
<br /> agreements, financing statements, continuaYion statements, instruments of further asSurence, certificates, and
<br /> other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effecYuate, complete,
<br /> perfect, continue, or preserve ('i) Trustor's obligations under the Cretlit 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 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 expenses incurred in connection with the
<br /> matters referred to in this paragraph.
<br /> Attorney-in-Fact_ If Trustor fails to do any ofi the things referred to in the preceding paragraph, Lender may do so
<br /> for and in�ihe name of Trustor and at Trustor's expense. For such purposes, Trustor hereby irrevocably appoints
<br /> Lender as Trustor's attorney-in-fiact for tne purpose of making, executing, delivering, fiiling, recording, and doing all
<br /> other things as may be necessary or desirable, in Lender's sole opinion, to accomplish Yhe matte�s referred to in
<br /> the preceding paragraph.
<br /> FU�LL PERFORMANCE. If Trustor pays all the Indebtedness when due,terminates the credit line account, and otherwise
<br /> performs all the obligations imposed u.pon 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 ofi 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 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 time in connection with the Credit Agreement. This can
<br /> include, for example, a false statement about Trustor's income, assets, liabilities, or any oiher aspects of Trustor's
<br /> financial condition. (B) Trustor does not meet the repayme��nt terms of the Credit Agreement. (C) Trusto�r's action or
<br /> inaction adversely affects the collateral or Lender's rights in the collateral. This can include, fo�r example, failure to
<br /> maintain required insurance,waste or destructive use of the dwelling,failure to pay taxes, death of alI persons liable on
<br /> the account, transfer ofi title or sale of the dwelling, creation ofi a senior lien on the dwelling without Lender's
<br /> permission,foreclosure by 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 Default occurs under this Deed ofi Trust, at any time tnereafter,
<br /> Trustee or Lende�may exercise any one or more of the following rights and remedies:
<br /> Acceleration Upon Default;Atlditional Remedies. If any Event ofi Default occurs as per the terms of the Credit
<br /> Agreement secured hereby, Lender may declare all Indebtedness secured by this Deed of Trusrt 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, or any part thereof, in its own name or in the name of Trustee, and do any acts which it
<br /> deems necessary or desirable to preserve the value, marketability or rentability of the Property, or part of
<br /> the Property or interest in the Proper[y.; inerease the income from the Property or protect fne secu�ity of
<br /> the Property; and, with or without taking possession of the Property, sue for or otherwise collect tne
<br /> rents, issues and profits of the Property, induding 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, afl in such order as Lender may determine. The entering upon and taking possession of the
<br /> Property, the collection of such rents, issues and profiits, and� the applica'tion thereof shall. not cure or
<br /> waive any defiault or notice of defauli under this Deed of Trust or invalidate any act done in response to
<br /> such default orpu�suant to such noiice ofi default; and, notwithstanding the continuance in possession of
<br /> the Property or the collection, receipt and application of rents, issues or profits, Trustee or Lender shall
<br /> be entitled to exercise every right provided for in the Credit Agreemeni or fhe Related Documents or by
<br /> law upon the occurrence ofi any eveni 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) DeFiver to Trustee a written declaration of default and demand for sale and a written notice of defiauk
<br /> and election to cause Trustor's interest in the Property to 6e sold, which notice Trustee shall cause to be
<br /> duly fiiled fior record in the app.ropriate ofifices of the County in which tne Property is located; and
<br /> (d) With respect to all or any part ofi the Personal Property, Lender shall have all the �ights and remedies
<br /> of a secured party under the Nebraska Uniform Commercial Code.
<br /> Forecbsure by Power of Sale. If Lender elects to foreclose by exercise of the Powe�of Sale herein contained,
<br /> Lender shall notify Trustee and shall deposit with Trustee this Deed ofi Trust and the Credit Agreement and
<br /> such 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 Lende:r,Trustee shall cause to be recorded, published and delivered
<br /> to Trustor such Notice ofi 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 the� be requiretl by law and after
<br /> recordation ofi 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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