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201500950
<br /> DEED OF TRUST
<br /> Loan No: Si'2059395 (Continued? Page 4
<br /> security agreement are a part of this Deed of Trust:
<br /> Security Agreement. This instrument shal[ constitute a Security Agreement to the extent any of the Property
<br /> constitutes fixtures, and Lender shal] have al[ of ihe rights of a secured party under the Uniform Comme:c'sal Code
<br /> as amended from time to time.
<br /> Security Interest. Upon request by Lender, Trustor shall ta[ce whatever action is requestecE by Lender to perfect
<br /> and continue Lender's security interest in the Personal Property. In addition to recording this C7eed of 7rust in the
<br /> real property records, Lender may, at any time and without further authorization from �rustor, file executed
<br /> counterparts, copies or reproductions of this Deed of Trust as a financing statement. Trustor shall reimburse
<br /> Lender fo� all experises incurred in perfecting or continuing this security interest. Upon default, Trustor shall noi
<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 arad make it available to Lsnder within three (3} days after receipt of written demand �rom Lender to the
<br /> exient perrnitted by applicable law.
<br /> Addresses. The mailinq addresses of Trustor {debtor} and �ender (secured partyl from which information
<br /> concerning the security interest granted by this Deed of Trust may be o6tained ieach as required 6y the Uniform
<br /> Commercia[ Cocte} are as stated on the first page of this Deed of Trust.
<br /> FURTNER ASSUIiANCES; AiTOEiNEY-IN-FACT. The following provisions relating to further assurances and
<br /> attorney-in-fact are a part of this Deed of Trust:
<br /> FurE�,er Assurances. At any time, and from time to time, upon req�est of Lender, 3rustor will make, execute and
<br /> deliver, or will cause to �e made, executed or delivered, to Lender or to Lender's designee, and when requested by
<br /> Lencfer, cause to be fi[ed, recorded, refiled, or rerecorded, as the case may be, at such times and in such offices
<br /> and places as Lender may deesn appropriate, any and a11 such morYgages, deeds of irusY, security deecis, security
<br /> agreements, financing statements, continuation statements, instruments of further assurance, certificates, and
<br /> other documents as may, in the sole opinion of Lender, be necessary ar desirable in order to effectuate, complete,
<br /> perfect, continue, or presenre I1) Trustor's obligations under the Credit Agreement, this Deed of Trust, and the
<br /> Related �ocuments, and [2} the liens and security interests created by this Deed of Trust as first and prior Eiens
<br /> on the Property, whetF�er now owned or hereaiter acquired by Trustor. Unless prohibited by law or Lender agrees
<br /> to the contrary in writing,Trustor shalE reimbursa Lender for all costs and expenses incurred in connection with the
<br /> matters referred to in this paragraph.
<br /> Attorney-6n-Faet. If Trustor fails to do any of the things referred to in the preceding paragraph, Lender may do so
<br /> €or and ir� the name of Tre�stor and at Trustor's expense. For such purposes, Trustor hereby irrevocably appoints
<br /> Lender as 7rustor's atEorney-in-fact for the purpose of making, executing, delivering, 'fiEing, recording, and doing all
<br /> othsr thirtgs as may be necessary or desirable, in Lender's sole opinion, to accomplish the matters refarred to in
<br /> the preceding paragraph.
<br /> FU!!PERFORMANCE. If Trustor pays all the Indebtedness when due, terminates the credit line acco�nt, and otherwise
<br /> performs aq the obligations imposed upon Trustor under this Deed of Trust, Lender shall execute and deliver to 7rustee
<br /> a request for full reconveyance and shall execute and deliver to Tsustor suitable statements of termination of any
<br /> financing statement on file evit3encing Lender's security interest in the Rents and the Personal Property. /-1ny
<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 o�TrusT if any of the following happen: {Af Trustor
<br /> comrrtits fraud or ma[ces a maierial misrepresentation at any time in connection with the Gredit Agreement. This can
<br /> include, for example, a false statement a6out Trustor's income, assets, [iabilities, or any other aspects of Trustor's
<br /> financia! condition. iB} Trustor does not meet the repayment terms of the Credit Agreement. (C} Trustor`s action or
<br /> inaction adversefy affects the collatera] or Lender's rights in the colEateral. This can include, �or example, failure to
<br /> maintain required insurance, waste or destructive use of tE�e dwelling, faiEuse to pay taxes, death of all 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#he holder of another lien, or the use of funds or the dwelling for�rohibited purposes.
<br /> RIGHTS AND REMEdIES DE1! DEFAULT. If an E�ent of Defauft occurs under this Deed of Trust, at any time th8reafiEer,
<br /> Trustee or l.en�der may exercise any one or more of the following rights and remedies:
<br /> Acceleration Elpon Default;Additional Remedies. lf any Event of Defau[t occurs as per#he terms of the Credit
<br /> Agreement secured E�ereby, Lender may declare all Indebtedness secured by this Deed of Trust to be due and
<br /> payable and the same sha[I thereupon become due and payable wiEhout any presentment, derrtand, prptest or
<br /> notice of any kind. Tf�erea�ter, Lender may:
<br /> {a) �ither in person or by agent, with or without hringing 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 possess'son
<br /> of the Property, ar any part thereof, in its awn name or in the name of Trustee, and do any acts which it
<br /> deerris necessary or desirable to preserve Ehe vafue, marketability or rentability of the Property, or part of
<br /> #he 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, ir�cluding thase past due and unpaid, and apply the same, less
<br /> costs a�d expenses of operation and collection attorneys' fees,�o any indebtedness secured by this Dsed
<br /> of Trust, a11 in such order as Lender may determine. The entering upan and taking possession of the
<br /> Property, the co3lection of such rents, issues and profits, and the application thereof sha11 not cure or
<br /> waive any defau[t or notice of default under th'ss Deed of Trust or inva[idate any act dane in response to
<br /> such default or pursuant to such notice of default; and, notwithstanding the continuance in possession of
<br /> the F'roperty or the collection, receipt and application of rents, issues or profits, Trustee or Lender shap
<br /> be entitled to exercise every right provided for in the Credit Agreement or the Refated Documents or by
<br /> law upon the occurrence of any event of dafault, including the right ta exercise the power of sale;
<br /> [b} Commence an action to fareclose this Deed of Trust as a mortgage, appoint a receiver or specifically
<br /> enforCe �ny Of the COven�n#S here0f; and
<br /> ic) Deli�er to Trusiee a wr�tten declaration af defaufT and demand for sale and a written notice of default
<br /> and election to cause Trustor's interest in the Psoperty Yo be sold, which notice Trustee shall �ause to be
<br /> dufy fi[ed for record 9n the appropriate offices of the County in which the Property is located; and
<br /> (d) With respect to al] or any part of the Personal Property, Lender shal[ have all the rights and remedies
<br /> of a secured party under the Nebraska Uniform Commercial Code.
<br /> Forec[osure by Power af SaEe. If Lender e[ects to foreclase by exercise of the Pawer of Sale herein contained,
<br /> Lenc1er shafl notify Trustee arod shall deposit with Trustee this Deed of Trust and the Credit Agreement and
<br /> sucfu 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 sha[I cause to be recarded, published and delivered
<br /> to 7rustor such Notice of Clefault and f�otice of Sa[e as then required by law and by this Deed of Trust.
<br /> Trustee shall, without derrtand on Trustor, after such time as may Ehen be required by ]aw and after
<br /> recordation of se�ch 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 fixed by it in such Notice of Sale, either as a whole, or in
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