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201210322
<br /> DEED OF TRUST
<br /> Loan No: 872056453 (COBltillUed) Page 4
<br /> security agreement are a part of this Deed ofi Trust:
<br /> Security Agreement. This instrument shall constitute a Security Agreement to the e�ctent any of the Property
<br /> constitutes fixtures, and Lender Shall have all of 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 wha'tever action is requested by Lender to perfect
<br /> and continue Lender's security interest in fhe Personal Property. In addition to recording this Deed of Trust in the
<br /> real 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 shafl reimburse
<br /> Lender for all expenses incurted. in perfecting or continuing this security interest. Upon default, Trustor shall not
<br /> remove, sever or detach the PersonaF Property from the Property. Upon defauli, 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 /> Lender and make it available to Lender within three (3) days after receipt of written demand from Lender Yo the
<br /> extent permitted by applicable law.
<br /> Addresses. The mailing addresses of Trustor (debtor) and Lender (secured party) from which information
<br /> concerning the security interest graMed 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; ATTORNEY-IN-FACT. The following provisions relating to further assurances and
<br /> attorney-in-fact are a part of this Deed of Trust::
<br /> Further Assurances. At any time, and firom time Yo 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 wnen requested by
<br /> Lender, cause to be filed, recorded, refiiled, 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, continuation statements, instYuments of further assurance, certificates, and
<br /> other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, comple2e,
<br /> perfect, continue, or preserve {�) Trustor's obligations. under the Credit Agreement, this Deed ofi Trust, and the
<br /> Related Documents, a�d (2) the liens and security interests created by this Deed of Trust as first and prio�r liens
<br /> on the Property,whether now owned o�hereafter acquired by Trustor. Unless prohi�biYed 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 tnis paragraph.
<br /> Attorney-in-Fact. If Trustor fails to do any of the things referred to in the preceding paragraph, Lender may do so
<br /> for and in the name of Trustor and at Trusior's expense. For such purposes, Trustor hereby irrevocably appoints
<br /> Lender as Trustor's attorney-in-fact for ihe 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 /> the preceding paragraph.
<br /> FULL PERFORMANCE: If Trustor pays all the IndebYedness when due,terminaies the credit line account, and otherwise
<br /> performs a�ll the obligations imposed upon Trustor under this Deed of Trust, Lender shall execute and deliver io 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 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 ha:ppen: (A) Trustor
<br /> com�mits fraud or makes a mate�ial misrepresentation at any time in connection with the Credit Agreement. This can.
<br /> include, for example, a false statement about TrustoPs income, assets, Fiabilities, or any other aspecrts of Trustor's
<br /> financial condition. (B) Trustor does not meet the repayment terms of the Credit Agreement. (C) Trustor's action or
<br /> inaction adversely affects the collateral or Lender's rights i.n the collateral. This can include, for example, failure to
<br /> maiMain required insurance,waste or destructive use of the dwelling, failure to pay taxes, death of alI persons liable on
<br /> the account, transfier of title or sale of the dwelling, creation of a senior lien on the dwelling without Lender's
<br /> permission,foreclosure by the holder ofi another lien., or the use of funds or the dwelling for prohibited purposes.
<br /> RIGHTS AND REMEDIES ON DEFAULT. If an Event of DefaulY occurs under this Deed of Trust, at any time thereafter,
<br /> Trustee or Lender may exercise any one or more of the foilowing rights and remedies:
<br /> Acceleration Upon Default;Additional 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 /> 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 tne Property, or any part thereofi, in its own name or in tne name of Trustee., and do any acts which it
<br /> deems necessary or desirable to preserve the value, markeYability or rentability of the Property, or part of
<br /> the Property or interest in the Property; increase the income f�om the Property or protect the security of
<br /> the Property; and�, with or without taking possession of the Property, sue for or otherwise collect the
<br /> rents, issues and profits of the Property, i.ncluding those past due antl unpaid, and apply the same:, I�ess
<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, tne collection of such rents, issues and profits, and tne application thereof shall not cure or
<br /> waive any default or notice ofi 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, notwiths'tanding 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 AgreemeM or the Related Docurnents or by
<br /> law upon the occurrence of any event of default, including the right ao exetcise the power of sale;
<br /> (b) Commence an action to fo�reclose this Deed of T�ust as a mortgage, appoint a receivei or specifically
<br /> enforce any of the covenants hereof; and
<br /> (c) Deliver to Trustee a wriiten dedaration of defiault and tlemand for sale and a written notice ofi defiault
<br /> and election to cause Trustor's interest in the Property to be sold, which notice Trustee shall cause to be
<br /> . duly filed for record in the appropriate offices ofi the County in which the Properly is located; and
<br /> (d) With respect to all or any part of the Personal Property, Lendet shali have all the rights and remedies ,
<br /> of a 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. notify TrusYee and shall deposit with Trustee this Deed of Trust and the Credit Agreement a�nd
<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 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 of Trust.
<br /> Trustee shall, without demand on Trustor, after such Yime 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 /> the Property at the time and place of sale fiixed by it in such Notice of Sale, either as a whole, or in
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