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201208578
<br /> DEED OF TRUST
<br /> Loan No: 872058819 (COtlt111Ued) Page 4
<br /> SECURITY AGREEMENT; FINANCING STATEMENTS�. The following provisions relating to this Deed of Trust as a
<br /> security agreement are a part of Yhis Deed of Trust:
<br /> Security Agreement. This onstrument shall constitute a Security Agreement to the extent any ofi the Property
<br /> constitutes fixtures, and Lender shall have afl of the rights of a secured party under the Unifiorm Commerciai Code
<br /> as amended from time to time.
<br /> Securily 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 tf�e
<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 stafement. Trustor shall reimburse
<br /> Lender for all expenses incurred in perfecting or continuing this security interest. Upon default, Trustor shall not
<br /> remove, sever or detach the Personal Property from the Pro�perty. Upon default, Trustor shall assemble any
<br /> Personal Property noi 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 written demand from Lender to the
<br /> extent permi�tted by applicable law.
<br /> Addresses. The mailing addresses of Ttustor (debtor) and Lender (secured party) from which information
<br /> concerning the security interest granted by this Deed of Trust may be obtained (each as requi.red by the Unifiorm
<br /> Commercial Code) are as stated on the fiirst page of rthis Deed of Trust.
<br /> FURTHER ASSURANCES: ATTORNEY-tN-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 ti.me to ti:me, upon requesi 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 ofifices
<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, be necessary or desirable in order to effectuate, complete,
<br /> perfect, continue, or preserve (1) TrustoYs 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 ofi Ttust as first and prior liens
<br /> on the Property, whether now owned ot hereafter acquired by Trustor. Unless prohibited by law or Lender agrees
<br /> ro the contrary in writing,Trustor shall reimburse Lender for all costs and expenses incurred in conne�ction with the
<br /> matters referred to in this paragraph:
<br /> Attomey-in-Fact. If Trustor fails to do any ofi the things referred to in the preceding paragrapn, Lender may do so
<br /> for and in the name of Trustor and at Trustor's expense. For such purposes, Trustor nereby irreVocably appoints
<br /> Lender as Trustor's attorney-in-fact for Yhe 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 referred to in
<br /> tne preceding paragraph.
<br /> FULL PERFORMANCE.. Ifi Trustor pays all the Indebtedness when due,terminates the credit line account, and otherwise
<br /> performs alI the obligations imposed upon Trustor under this Deed of Trust, Lender shaFl 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 securiYy interest in the Rents and the Personal Property. Any
<br /> reconveyance fee required by law shall be paid by Trustor,if permitted by applicable Iaw.
<br /> EVENTS OF DEFAULT_ Trusto�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 other aspects of Trustar's
<br /> financial condition. (B) Trustor does not meet the repayment terms of the Credit Agreement. (C) Trustor's action or
<br /> inaction adversely afifects tne collateral or Lender's rights in the collateral. This can i.nclude, for example, failure to
<br /> maintain required insurance, waste or destructive 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,foredosure 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 u:nder this Deed of Trust, at any time thereafter,
<br /> Trustee or Lender may exercise any one or more of the fol:lowing rights and remedies:
<br /> Acceleration Upon Default;Additional Remedies. If any Event of Defiault occurs as per ihe terms of the C�edit
<br /> Agreement secured nereby, Lender may declare all Indebtedness secured by this Deed of Trust to be due and
<br /> payable and the same sFi.all thereupon become due and payable without any presentment, demand, protest or
<br /> notice of any kind. Thereafte��r, Lender may:
<br /> (a) Either in person or by agent, witn 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 tne 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 taking possession of the Property, sue fior or otherwise collect the
<br /> rents, issues and profits of the Property, i�ncluding those past due antl 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, all in such order as Lender may determine. The entering upon and taking possession of the
<br /> Property, ihe collection of such rents, issues and profits, and the application thereof shall not cure o�
<br /> waive any default 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 application of rents, issues or profits, Trustee or Lender shall
<br /> be entitled to exercise 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 tfie 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 specifiically
<br /> enforce any of the covenants hereof;and
<br /> (c) Defiver to TrusYee a written declaration of default and demand for sale and a written notice of default
<br /> and election to cause Trustor's inte��rest in the Property to be sold,which notice Trustee snall cause to be
<br /> duly fiiled for�ecord 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
<br /> of a secured party under the Nebraska Unifiorm Commercial Code.
<br /> Foreclosure by Power o$Sale. If Lender elects to foreclose by exercise of the Power of Sale herein contained,
<br /> Lender shall notify Trustee and shall deposit with Trustee this Deed of Trust and the Cretlit 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#rom Lender,Trustee shall cause to be recorded, published and delivered
<br /> to Trustor such Notice of 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 tnen be required by law and after
<br /> recordation of such Notice of Default and afiter Notice of Sale having been given as required by law, sell
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