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�2-2�-1999 2 0 4 �U 112 3 DEED OF TRUST Page 4
<br /> Loan No 1045079 (Continued)
<br /> time.
<br /> Security Interest. Upon request by lender,Trustor shall execute financing statements and take whatever other action is requested by Lender
<br /> io perfect and continue Lender's security interest in the Rents and Personal Property. In addition to recording this Deed of Trust in the real
<br /> property records,Lender may,at any time and without further suthorization from Trustor,file executed counterparts,copies or reproductions of
<br /> this Deed of Trust as a financing statement. Trustor shall reimburse Lender for all expenses incurred in perfecting or continuing this security
<br /> interest. Upon default,Trustor shall assemble the Personal Property 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 /> Addresses. 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 time, and from time 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 filed, recorded, refiled, 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 otheF clacumenls fls may,in the sote'opinion of Lender, be necessary or desirabie in order to effectuate, complete, perfect,continue, or
<br /> preserve (a) the obligations of Trustor under the Credit Agreement, this Deed of Trust, and the Related Documents, and (b) the liens and
<br /> security interests created by this Deed of Trust as 6rst and prior liens on the Property, whether now owned or hereafter acquired by Trustor.
<br /> Unless prohibited by law or agreed to the contrary by Lender in writing,Trustor shall reimburse Lender for all costs and expenses incurred in
<br /> connection with the matters referred to in this paragraph.
<br /> Attorney-in�aCt. If Trustor fails to do any of the things referred 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 /> accompiish the matters referred to in the preceding paragraph.
<br /> FULL PERFORMANCE. If Trustor pays ati the indebtedness when due,terminates the credit line account,and otherwise performs all the obligations
<br /> imposed upon Trustor under this Deed of Trust,Lender shali execute and deliver to Trustee a request for full reconveyance and shall execute and
<br /> deliver to Trustor suitable statements of termination of any financing statement on file evidencing Lender's security interest in the Rents and the
<br /> Personal Property. Any reconveyance fee required by law shall be paid by Trustw,if permitted by applicable law.
<br /> DEFAULT. Each of the fdlowing, at the option of Lender, shall constitute an event of default ("Event of Default") under this Deed of Trust: (a)
<br /> Trustor commits fraud or makes a material misrepresentation at any time in connection with the Credit Agreement. This can include,for example,a
<br /> false statement about Trustor's income, assets, liabilities, or any other aspects of Trustor's financial condition. (b) Trustor does not meet the
<br /> repayment terms of the Credit Agreement. (c)Trustor's action or inaction adversely affects the collateral for the Credit Agreement or�ender's rights
<br /> in the collateral. This can include,for example,failure to maintain required insurance,waste or destructive use of the dwelling,failure to pay texes,
<br /> death of all persons liable on the account,transfer of title or sale of the dwelling,creation of a lien on the dweliing without our permission,foreclosure
<br /> by the holder of another lien,or the use of funds or the dwelling for prohibited purposes.
<br /> RIGHTS AND REMEDIES ON DEFAIA.T. 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 rights or remedies provided by law:
<br /> Acceleration upon Detault; Addiiional Remedies. If any event of default occurs as per the terms of the Credit Agreement secured hereby,
<br /> Lender may declare all Indebtedness secured by this Deed of Trust to be due and payable and the same shall thereupon become due and
<br /> payable without 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 security,enter upon and take possession of the Property,or any part thereof,in its own name or in th�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 Properfy or interest in the Property;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 or otherwise collect the rents, issues and profits of the Property, including those past due and
<br /> unpaid,and apply the same,less costs and expenses of operation and collection,including attorneys'fees,to any indebtedness secured
<br /> by this Deed of Trust,all in such order as Lender may determine. The entering upon and taking possession of the Properiy,the collection
<br /> of such rents,issues and profits,and the application thereof shall not cure or waive any default or notice of default under this Deed of Trust
<br /> or invalidate any act done in response to such default or pursuant to such notice of default; and, notwithstanding the continuance in
<br /> possession of the Property or the collection, receipt and application of rents, issues or profits, Trustee or Lender shall be entitled to
<br /> exercise every right provided for in the Credit Agreement or the Related Documents or by law upon the occurrence of any event of default,
<br /> including the right to wcercise the power of sale;
<br /> (b) Commence an action 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 declaration 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 notice 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 all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party under the
<br /> Nebraska Uniform Commercial Code.
<br /> Foreclosure by Powcr of Sale. If Lender elects to foreclose by exercise of the Power of Sate herein contained,Lender shall notify Trustee and
<br /> shall deposit with Trustee this Deed of Trust and the Credit Agreement and such receipts and evidence of expenditures made and secured by
<br /> 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 to Trustor such Notice of Default
<br /> and Notice of Sale as then required by law and by this Deed of Trust. Trustee shall, without demand on Trustor,after such time as may
<br /> then be required by Iaw and after recordation of such Notice of Default and affer 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 separate lols or parcels or items as
<br /> Trustee shall deem expedient, and in such order as it may determine, at public auction to the highest bidder for cash in lawful money of
<br /> the United States payable at the time of sale. Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient deed or
<br /> deeds conveying the property so sold,but without any covenant or warranty,express or impiied. The recitals in such deed of any matters
<br /> or facts shall be conclusive proof of the truth',u:ness thereof. Any persan, iradudi►�g wilhouf Nmitalion Trustor,Truska, or lender, may
<br /> purchase at such sale.
<br /> (b) As may be permitted by law,after deducting all costs,fees and expenses of Trustse and of this Trust, including costs of evidence of
<br /> title in connection with sale,Trustee shall apply the proceeds of sale to payment of (i)aN sums expended under the terms of this Deed of
<br /> Trust or under the terms of the Credit Agreement not then repaid, including but not limited to accrued interest and Iate charges, (ii)all
<br /> other sums then secured hereby,and (iii)the remainder,if any,to the person or persons legally entitled thereto.
<br /> (c) Trustee may in the manner provided by Iaw postpone sale of all or any portion of the Property.
<br /> Remedies Not Exclusive. Trustee and Lender,and each of them,shall be entitled to enforce payment end performance of any indebtedness
<br /> or obiigations secured by this Deed of Trust and to exercise all rights and powers under this Deed of Trust,under the Credit Agreement, under
<br /> any of the Related Documents, or under any other agreement or any laws now or hereaffer in force; notwithstanding, some or ell of such
<br /> indebtedness and obligations secured by this Deed of Trust may now or hereafter be otherwise secured,whether by mortgage, deed of trust,
<br /> pledge,lien,assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement,whether by court action or pursuant io
<br /> the power of sale or other powers contained in this Deed of Trust,shall prejudice w in any manner affect Trustee's or lender's right to realize
<br /> upon or enforce any other security now or hereafter held by Trustee or Lender,it being agreed that Trustee end Lender,and each of them,shall ;
<br /> be entitled 10 enforce this Deed of Trust and any other security now or hereafter held by Lender or Trustee in such order and manner as they w
<br /> either of them may in their absolute discretion determine. No remedy conferred upon or reserved to Trustee or Lender, is intended to be
<br /> exclusive of any other remedy in this Deed of Trust or by law provided or permitted, but each shall be cumulative and shaN be in addition to
<br /> every other remedy given in this Deed of Trust or now or hereafter existing at law w in equity or by statute. Every power or remedy given by the
<br /> Credit Agreement or any of the Related D�uments to Trustee or Lender or to which either of them may be otherwise entitled, may be
<br /> exercised,concurrently or independently,from time to time and as often as may be deemed expedient by Trustee or Lender,and either of them
<br /> may pursue inconsistent remedies. Nothing in this Deed of Trust shatl be construed as prohibiHng Lender kom seeking a deficiency Judgment
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