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201310005
<br />11. Documentary Stamps; Mortgage Taxes. Borrower shall pay all costs incurred in
<br />recording, perfecting or continuing this Deed of Trust and the liens and interests created hereby,
<br />including without limitation, all taxes, fees, documentary stamps, and other charges for recording or
<br />registering this Deed of Trust, together with any other taxes or assessments which may now or
<br />hereafter be levied against the Trustee or Lenders in connection with the Notes, this Deed of Trust, and
<br />the Loan Documents.
<br />892675/5/COLUMBUS
<br />065439.00076
<br />12. Security Agreement; Financing Statements.
<br />a. Security Agreement. This Deed of Trust constitutes a security agreement under
<br />the Uniform Commercial Code in effect in the State of Nebraska ( "State "), as amended from
<br />time to time (the "UCC "). Borrower has granted and hereby GRANTS TO LENDERS a
<br />security interest under the UCC in all of the Property which is or may be subject to the
<br />provisions of Article 9 of the UCC, including, without limitation, all Personal Property,
<br />Fixtures, Leases, Rents, Equipment, Awards, and other tangible and intangible personal
<br />property described above, and all proceeds and products of the same (collectively, the
<br />"Personalty ") and, cumulative of all other rights and remedies of Lenders hereunder, Lenders
<br />shall have all of the rights and remedies of a secured party under the UCC.
<br />b. Financing Statements. Borrower hereby authorizes the Lenders to file such
<br />financing statements, continuation statements and take such other action as is requested by
<br />Lenders to impose, perfect and continue Lenders' security interest in the Personalty. In
<br />addition to recording this Deed of Trust in the real property records, Lenders may, at any time
<br />and without further authorization from Borrower, file counterparts, copies or reproductions of
<br />this Deed of Trust as fmancing statements. Borrower shall pay to Lenders on demand any and
<br />all expenses, including attorneys' fees and expenses, incurred or paid by Lenders in perfecting,
<br />continuing, and protecting its interest in the Personalty and in enforcing its rights hereunder
<br />with respect to the Personalty. Upon the occurrence of any default hereunder not cured within
<br />any applicable grace period, Lenders shall have the right to cause any of the Property which is
<br />personal property and subject to the security interest of Lenders hereunder to be sold in one or
<br />more public or private sales as permitted by applicable law, including at a sale held in
<br />conjunction with the sale of the Premises by Trustee, as provided for in this Deed of Trust, and
<br />Lenders shall further have all rights and remedies, whether at law, in equity or by statute, as are
<br />available to secured creditors under applicable law. Any such disposition may be conducted by
<br />an attorney, employee or other agent of Lenders or Trustee. Expenses of retaking, holding,
<br />preparing for sale, and selling such personal property shall be borne by Borrower and shall
<br />include Lenders' and Trustee's fees and actual and reasonable legal expenses. Lenders shall
<br />have the right to enter upon the Premises and the Improvements or any other real property
<br />where any personal property which is the subject of the security interest granted herein is
<br />located, to take possession of, assemble and collect such personal property or to render it
<br />unusable, or Borrower, upon demand of Lenders, shall assemble such personal property and
<br />make it available to Lenders at a place deemed reasonably convenient to Lenders. If notice is
<br />required by law, Lenders shall give Borrower at least five (5) days' prior written notice of the
<br />time and place of any public sale or other disposition of the Premises or of the time of or after
<br />which any private sale or other intended disposition is to be made, and, if such notice is sent to
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