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201210351
<br /> DEED OF TRUST
<br /> Loan No: 872056509 (Continued) Page 4
<br /> security agreement are a part of this Deed of Trustc
<br /> Security Agreement_ This instrument shall constitute a Security Agreement to the extent any of the Property
<br /> constitutes fixtures, and Lender shall have alI of ihe rights ofi a secured party under the Uniform Commercial Code
<br /> as amended from tlme to time.
<br /> Security 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 the
<br /> real property records, Lender may, at any time and without fiurther authorization from Trustor, file executed
<br /> counterparts, copies or reproductions ofi this Deed of Trust as a financing statement. Trustor shall reimburse
<br /> Lender for all expenses incurred in perfecYing or continuing this security interest. Upon default, 7rustor shall not
<br /> remove, sever or detach the Personal Property from the Proper[y. Upon defiault, Teustor 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 to the
<br /> extent permitted by applicable law.
<br /> Addresses_ The mailing addresses of Trustor (debtor) and Lender (secured party) frorn which information
<br /> conceming 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; 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 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 all such mortgages, deeds of trust, security deeds, security
<br /> agreements, fi:nancing siatements, continuation statements, instruments of further assurance,. certificates, and
<br /> other documents as may, in the sole opinion ofi Lender, be necessary or desirable in order to effectuate, complete,
<br /> perfect, continue, or prese:rve (1) Trustor's obligations under the CrediY 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 i�n writing,Trustor shall reimburse Lender fior aII costs and expenses incurred.in connection with the
<br /> matters refierred 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
<br /> for and in the name of Trustor and at Trustor`s expense. For such purposes,.Trustor hereby irrevocably appoints
<br /> Lender as Trustor's attomey-in-fact fior the purpose of making, executing., delivering,filing, recording, and doing afl
<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 PERFOR'MANGE. If Trustor pays afl the Indebtedness when due,terminates the credit line account, and otherwise
<br /> performs all the obligations imposed upon Trustor under Yhis Deed ofi Trust, Le:nder shall 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 security i�nterest 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 firaud or makes a material rnisrepresentation 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 Trustor's
<br /> financial condition. (B) Trustor does not meet the repayment terms of the Credit Agreement. fC) Trustor's action or
<br /> inaction adversely affects the collateral or Lender's rights in the collateral. This can include, for example, failure. to
<br /> maintain required insurance, waste or destructive use of the dwelting, failure to pay taxes, death of aIF 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,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 of Trust, at any time thereafter,
<br /> Trustee or Lender may exercise any one or more of the following 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 d.ue and
<br /> payable and the same shall thereupon become due and payable without any presentment, demand, protest or
<br /> notice ofi any kind. Thereafter, Lender may:
<br /> (a) Either in person or by agent, with or withaut bringing any action or proceeding, or by a receiver
<br /> appointed by a court and without regard to the adequacy ofi its security, enter upon and take possession
<br /> of the Property, or any part thereof, in its own name or in tne name of Trustee, and do any acts which it
<br /> deems necessary or desirable to preserve Yhe value, marketability or rentability of the Property, or part of
<br /> the Property or interest in the Property; increase the income frorn 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, including those past due and unpaid, and apply the same, less
<br /> costs and expenses of operation and collection attorneys'fiees,to any indebtedness secured by this Deed
<br /> of Trust, all in such order as Lender may determine. The entering upon and taki.ng possession of the
<br /> Property, the collection ofi such rents, issues and profits, and the application thereof shall not cure or
<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 Ptoperty or the collection, receipt and applieation of rents, issues or profits, Trustee or Lender snall
<br /> be entitled to exercise every rignt provided for in the Credit Agreement or the Related Documents or by .
<br /> Iaw upon the occurrence ofi any event of defiault, includi.ng the right to exercise the power of sale;
<br /> (b) Commence an action to foredose this Deed of Trust as a mortgage, appoint a receiver or speci4ically
<br /> enforce any of the covenants nereof; and
<br /> (c) Deliver to Trustee a written declaration of defaulY and demand for sale and a written notice of default
<br /> and election to cause Trustor's interest in the Property to be sold, which notice Trustee shall cause to be
<br /> duly fiiled for 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, Lender shall have all the rights and remedies
<br /> of a secured party under the Nebreska Unifiorm Commercial Code.
<br /> Forecbsure.by Power ofi Sale. If Lender elects to foredose by exercise ofi the Power of Sale herein contained,
<br /> Lend�er shall notify Trustee and shall deposit with Trustee this Deed of 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 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 iime 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 Proper[y 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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