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0�-27-Z000., ., ' �i ,, �� �, � : DEED OF TRUST 2 O 0 0 0 0 7 9 8 � Pe�e 4
<br /> (Continued)
<br /> Securlty Interost. Upon request by Lender,Trustor shall execute financing statements and take whatever other action is requested by Lender
<br /> to perfect and continue Lender's security interest in the Rents and Personal Property. In additfon to recording this Deed of Trust in the real
<br /> property records,Lender may,at any time and without further authorization from Trustor,file executed counterparts,copies or reproductions of
<br /> this Deed of Trust as a �nancing statement. Trustor shall reimburse Lender for all expenses incurced in perfecting or continuing this security
<br /> interest. Upon defeult,Trustor shall assemble the Personal Properiy in a manner and at a place reasonably convenient to Trustor and Lender
<br /> and make it available to Lender within three(3)days after receipt of written demand from Lender.
<br /> Addresaes. The mailing addresses of Trustor(debtor) and Lender (secured party), from which information concerning the security interest
<br /> granted by this Deed of Trust may be obtained(each as required by the Uniform Commercial Code),are as stated on the first page of this Deed
<br /> of Trust.
<br /> FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating to further assurances and attorney-in-fact are a part of this
<br /> Deed of Trust.
<br /> Further Assurances. At any tlme,and from tlme to time, upon request of Lender,Trustor will make, execute and deliver, or will cause to be
<br /> made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be flled, recorded, reflled, or
<br /> rerecorded,as the case may be,at such times and in such offices and places as Lender may deem appropriate,any and all such mortgages,
<br /> deeds of trust,security deeds,security agreements,financing statements,continuation statements,instruments of further assurance,certificates,
<br /> and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect,continue, or
<br /> preserve (a)the obligations of Trustor under the Note,this Deed of Trust,and the Related Dxuments,and (b)the liens and security interests
<br /> created by this Deed of Trust as first and prior liens on the Property,whether now owned or hereaffer acquired by Trustor. Unless prohibited by
<br /> law or agreed to the contrary by Lender in writing,Trustor shall reimburse Lender for all costs and expenses incurred in connection with the
<br /> matters referced to in this paragraph.
<br /> Aftomey-In-Fect. If Trustor fails to do any of the things referced to in the preceding paragraph, Lender may do so for and in the name of
<br /> Trustor and at Trustor's expense. For such purposes,Trustor hereby irrevocably appoints Lender as Trustor's attorney-in-fact for the purpose
<br /> of making, executing, delivering, filing, recording, and doing all other things as may be necessary or desirable, in Lender's sole opinion, to
<br /> accomplish the matters referred to in the preceding paragraph.
<br /> FUl PERFORMANCE. If Trustor pays all the Indebtedness,including without limitation all future advances,when due,and otherwise performs all
<br /> the obligations imposed upon Trustor under this Deed of Trust,Lender shall execute and deliver to Trustee a request for full reconveyence and shall
<br /> execute and deliver to Trustor suitable statements of termination of any financing statement on file evidencing Lender's security interest in the Rents
<br /> and the Personal Property. Any reconveyance fee required by law shall be paid by Trustor,if permitted by applicable law.
<br /> DEFAI�T. Each of the following,at the option of Lender,shall constitute an event of default("Event of Default")under this Deed of Trust:
<br /> Defaulf on Indebtedness. Failure of Trustor to make any payment when due on the Indebtedness.
<br /> DeMult on Other Payments. Failure of Trustor within the time required by this Deed of Trust to make any payment tor taxes or insurance, or
<br /> any other payment necessary to prevent filing of or to effect discharge of any lien.
<br /> Defeult in Favor of Third Partles. Should Borrower or any Trustor default under any loan,extension of credit,security agreement,purchase or
<br /> sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of BoRowePs property or
<br /> Bonower's or any Trustor's ability to repay the Losns or perform their respective obligations under this Deed of Trust or any of the Related
<br /> Documenls.
<br /> Compliance Defeult. Failure of Trustor to comply with any other term, obligation, covenant or condition contained in this Deed of Trust, the
<br /> Note or in any of the Related Documents.
<br /> FMae Statements. Any warranty,representation or statement made or furnished to Lender by or on behalf of Trustor under this Deed of Trust,
<br /> the Note or the Related Documenis is false or misleading in any material respect,either now or at the time made or furnished.
<br /> Defective Collaterallzation. This Deed of Trust or any of the Related Documents ceases to be in full force and effect(including failure of any
<br /> collateral documents to create a valid and perFected security interest or lien)at any time and for any reason.
<br /> Detith or Insolvency. The death of Trustor or the dfssolution or termination of Trustors existence as a gofng business, the insolvency of
<br /> Trustor,the appointment of a receiver for any part of Trustor's property,any assignment for the benefit of creditors,any type of creditor workout,
<br /> or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Trustor.
<br /> Foreclosure,Forfelture,etc. Commencement of foreclosure or forfeiture prxeedings,whether by judicial proceeding,self-help,repossession
<br /> or any other method,by any creditor of Trustor or by any governmental agency against any of the Property. However,this subsection shall not
<br /> apply in the event of a good faith dispute by Trustor as to the validity or reasonableness of the claim which is the basis of the foreclosure or
<br /> forefeiture proceeding, provided that Trustor gives Lender written notice of such claim and furnishes reserves or a surety bond for the claim
<br /> satisfactory to Lender.
<br /> Breech of Other A�reement. Any breach by Trustor under the terms of any other agreement between Trustor and Lender that is not remedied
<br /> within any grace period provided therein,including without limitation any agreement concerning any indebtedness or other obligation of Trustor
<br /> to Lender,whether existing now or later.
<br /> Events Affectln�Guarentor. Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedness or any Guarantor
<br /> dies or becomes incompetent,or revokes or disputes the validity of,or Ifability under,any Guaranty of the Indebtedness.
<br /> Adverse Chanye. A material adverse change occurs in Trustor's financiel condition, or Lender believes the prospect of payment or
<br /> performance of the Indebtedness is impaired.
<br /> Insecurity. Lender in good faith deems itself ins�ure.
<br /> RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Event of Default and at any time thereafter,Trustee or Lender,at its option,
<br /> may exercise any one or more of the following rights and remedies,in addition to any other righis or remedies provided by Iaw:
<br /> Acceleratlon upon Dehwlt; Addltional Remedies. If any event of default occurs as per the terms of the Note secured hereby,Lender may
<br /> declare all Indebtedness secured by this Deed of Trust to be due and payable and the same shall thereupon become due and payable without
<br /> any presentment,demand,protest or 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 appointed by a court and without
<br /> regard to the adequacy of its securiiy,enter upon and take possession of the Property,or any part thereof,in its own name or in the name
<br /> of Trustee,and do any acts which it deems necessary or desirable to preserve the value,marketability or rentability of the Property,or part
<br /> of the Properly or interest in the Properly;increase the income from the Property or protect the security of the Property;and,with or without
<br /> taking possession of the Property,sue for o�otherwise collect the rents,issues and proflls of the Property, including those past due and
<br /> unpaid,and apply the same,less cosis and expenses of operation and collection,to any indebtedness secured by this Deed of Trust,all in
<br /> such order as Lender may determine. The entering upon and taking possession of the Property,the collection of such rents, issues and
<br /> pro�ts, and the applicadon thereof shall not cure or waive any default or notice of default under this Deed of Trust or invalidate any act
<br /> done in response to such defauft or pursuant to such notice of default;and,notwithstanding the continuance in possession of the Property
<br /> or the collection,receipt and applicetion of rents,issues or profits,Trustee or Lender shall be entitled to exercise every�ight provided for in
<br /> the Note or the Related Documents or by law upon the occurrence of any event of default,including the right to exercise the power of sale;
<br /> (b) Commence an acHon to foreclose this Deed of Trust as a mortgage,appoint a receiver or specifically enforce any of the covenants
<br /> hereof;and
<br /> (c) Deliver to Trustee a written declaraHon of default and demand for sale and a written notice of default and election to cause Trustor's
<br /> interest in the Property to be sold,which noHce Trustee shall cause to be duly filed for record in the appropriate offices of the County in
<br /> which the Property is located;and
<br /> (d) With respect to ali or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party under the
<br /> Nebraska Unfform Commercial Code.
<br /> Foreclosure by Power of Sale. If Lender elects to foreclose by exercise of the Power of Sale herein contained,Lender shall notify Trustee and
<br /> shall deposit with Trustee this Deed of Trust and the Note and such receipts and evidence of expenditures made and secured by this Deed of
<br /> Trust as Trustee may require.
<br /> (a) Upon receipt of such notice from Lender,Trustee shall cause to be recorded,pubNshed and delivered to Trustor such Nodce of Default
<br /> and Notice of Ssle as then required by law and by this Deed of Trust. Trustee shall,without demand on Trustor,after such tlme as may
<br /> then be required by Iaw and after recordation of such Notice of Default and after Notice of Sale having been given as required by law,sell
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