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201304045
<br /> DEED OF TRUST
<br /> Loan No: 872059089 (Continued) Page 4
<br /> Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender.
<br /> SECURITY AGREEMENT; FINANCING STATEMENTS. 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 instrument shall constitute a Security Agreement to the extent 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 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 further authorisation 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 default,Trustor shall not
<br /> remove, sever or detach the Personal Property from the Property. Upon default, 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) deys 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 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 Lime,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,raffled,or rerecorded,as the case may be,at such times and in such offices
<br /> and places as Lender may deem appropriate,any end 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,he necessary or desirable in order to effectuate,complete,
<br /> perfect,continue,or preserve (1) Borrower's and Trustor's obligations under the Credit Agreement,this Deed of
<br /> Trust,and the Related Documents,and (2) the liens and security interests created by this Deed of Trust as first
<br /> and prior liens on the Property,whether now owned or hereafter acquired by Trustor. Unless prohibited by law or
<br /> Lender agrees to the contrary in writing,Trustor shall reimburse Lender for at costs and expenses incurred in
<br /> connection with the matters referred 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 attorney-in-fact for the 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 Borrower and Trustor pay all the Indebtedness when due,terminates the credit line account,
<br /> and Trustor otherwise performs all the obligations imposed upon Trustor under this Deed of Trust,Lender shall execute
<br /> and deliver to Trustee a request for full reconveyance and shall execute and deliver to Trustor suitable statements of
<br /> termination of any financing statement on file evidencing Lender's security interest in the Rents and the Personal
<br /> Property. Any reconveyance fee required by law shall be paid by Trustor,if permitted by applicable law,
<br /> EVENTS OF DEFAULT. Trustor wit 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 Borrower's or Trustor's income,assets,liabilities,or any other aspects of
<br /> Borrower's or Trustor's financial condition. (B) Borrower does not meet the repayment terms of the Credit Agreement.
<br /> (Cl Trustor's action or inaction adversely affacts the collateral or Lender's rights in the collateral. This can include,for
<br /> example,failure to maintain required insurance,waste or destructive use of the dwelling,failure to pay taxes,death of
<br /> all persons liable on the account, transfer-of title or sale of the dwelling, creation of a senior lien on the dwelling
<br /> without Lender's permission,foreclosure by the holder of another lien,nr the use of funds or the dwelling for prohibited
<br /> purposes.
<br /> RIGHTS AND REMEDIES ON DEFAULT. If an Fvent 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 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 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 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'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, the collection of 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 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 the right to exercise the power of sale:
<br /> (lel 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 /> lc) 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 he sold,which notice Trustee shall cause to be
<br /> duly filed for record in the appropriate offices of the County in which the Property is located;and
<br /> (dl 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 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 I rustee 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 /> fa) Upon receipt of such notice from Lender,Trustee shall cause to be recorded,published and delivered
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