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<br />16. Personal Property: This Deed of Trust is also intended to encumber and create, and Truster does hereby grant to Beneficiary, a security
<br />interest in any and all of such property which is personal property owned by Trustor and now or hereafter located on or used in connection with such property
<br />including, but not limited to, all fixtures, owned by Trustor and now or hereafter located on, attached to or used in and about the Improvements which are necessary to
<br />the complete and comfortable use and occupancy of the Improvements for all purposes for which they are intended and such other goods and chattels and personal
<br />property owned by Trustor as are ever to be used or furnished in operating the Improvements, or the activities conducted therein, and all renewals or replacements
<br />thereof or substitutions therefore, conducted therein, and all renewals or replacements thereof or substitutions therefore, whether or not the same shall be attached to
<br />the Improvements in any manner, and all building materials and equipment hereafter situate on or about the Real Estate or the Improvements. The foregoing items
<br />which are leased by Trustor, Trustor shall, form time to time, upon request of Beneficiary, provide Beneficiary with a current inventory of all of the personal property in
<br />which the Beneficiary is granted a security interest hereunder, in such detail as Beneficiary may require. Any lien created against personal property will be in compliance
<br />with Regulation AA.
<br />17. Security Agreement: This Deed of Trust constitutes a security agreement between Trustor and Beneficiary with respect to all respect to all
<br />personal property in which Beneficiary is granted a security interest hereunder, and, cumulative of all other rights and remedies of Beneficiary hereunder, Beneficiary shall
<br />have all of the rights and remedies of a secured party under the Nebraska Uniform Commercial Code. Trustor hereby agrees to execute and deliver on demand and
<br />hereby irrevocably constitutes and appoints Beneficiary the attorney -in -fact of Trustor to execute and deliver and, if appropriate, to file with the appropriate filing officer
<br />or officers such security agreements, financing statements, continuation statements or other instruments as Beneficiary may request or require in order to impose,
<br />perfect or continue the perfection of the lien or security interest created hereby. Upon the occurrence of any default hereunder not cured within any applicable grace
<br />period, Beneficiary shall have the right to cause any of such property which is personal property and subject to security interest of Beneficiary hereunder to be sold in
<br />one of public or private sales as permitted by applicable law, including at a sale held in conjunction with the sale of such property by Trustee, as provided for in this
<br />Deed of Trust, and Beneficiary shall further have all rights and remedies, whether at law in equity or by statute, as are available to secured creditors under applicable
<br />law. Any such disposition may be conducted by an employee or agent of Beneficiary or Trustee. Expenses of retaking, holding, preparing for sale, selling or the like
<br />shall be borne by Trustor and shall include Beneficiary's and Trustee's fees and legal expenses. Beneficiary shall have the right to enter upon the Real Estate and the
<br />Improvements or any other real property or any personal property which is the subject of the security interest granted herein as located to take possession of,
<br />assemble and collect such personal property or to render it unusable, or Truster, upon demand of Beneficiary, shall assemble such persona! property and make it
<br />available to beneficiary at a place deemed reasonably convenient to Beneficiary. If notice is required by law, Beneficiary shall give Trustor at least five (5) days' prior
<br />written notice of the time and place of any public sale or other intended disposition is to be made, and, if such notice is sent to Trustor, as the same is provided for
<br />the mailing of notices herein, it is hereby deemed that such notice shall be and is reasonable notice to Trustor. Any sale made pursuant to the provisions of this
<br />paragraph shall be deemed to have been a public sale conducted in a reasonably commercial manner if held contemporaneously with the sale under the power of sale
<br />granted in this Deed of Trust upon giving the same notice with respect to the sale of the personal property hereunder as is required with respect to the sale under the
<br />power of sale given the Trustee under this Deed of Trust.
<br />18. Fixture Financing Statement: This Deed of Trust is intended to be a financing statement within the purview of the Nebraska Uniform
<br />Commercial Code with respect to those items of such property as constitute fixtures on the Real Estate. The address of Trustor (Debtor) and Beneficiary (Secured
<br />Party) are set forth on the first page of this Deed of Trust. This Deed of Trust is to be filed for record with the Register of Deeds of the County where the real estate
<br />is located. Trustor is the record owner of the real estate.
<br />19. Substitution of Trustee: That Beneficiary may, from time to time, by instrument in writing, substitute a successor or successors to any
<br />Trustee named herein or acting hereunder, which instrument, executed and acknowledged by Beneficiary and recorded in the office of the register of deeds of the county
<br />or counties where such property is situated, shall be conclusive proof of property substitution of such Trustee or Trustees, who shall, without conveyance from the
<br />Trustee predecessor, succeed to all its title, estate, rights, power and duties.
<br />20. No Waiver by Beneficiary: No waiver by Beneficiary of any right under this Deed of Trust shall be effective unless in writing. Waiver by
<br />Beneficiary of any right granted to Beneficiary under this Deed of Trust or occurrences shall not be deemed a waiver as to any Future transactions or occurrences. By
<br />accepting payment of any sum secured hereby after its due date, or by making any payment or performing any act on behalf of Trustor that Trustor was obligated
<br />hereunder, but failed to make or perform, or by adding any payment so made by Beneficiary to the indebtedness secured hereby, Beneficiary does not waive its right to
<br />require prompt payment when due of all other sums so secured or to require prompt performance of all other acts required hereunder, or to declare a default for failure
<br />so to pay.
<br />21. Waiver of Statute of Limitation: Time is of the essence in all Trustor's obligations hereunder; and to the extent permitted by law,
<br />Trustor waives all present or future statutes of limitations with respect to any debt, demand or obligations secured hereby in any action or proceeding for the purpose
<br />of enforcing this Trust or any right or remedies hereunder.
<br />22. Inspection and Business records: Beneficiary at any time during the continuation of this Trust may enter and Inspect such property at
<br />any reasonable time. Trustor agrees that in the event such property is now or hereafter used for commercial or residential income purposes, when requested by
<br />Beneficiary, Trustor will promptly deliver to Beneficiary such certified financial statements and profit and loss statements of such types and at such intervals as may be
<br />required by Beneficiary, which will be in form and content prepared according to the usual and acceptable accounting principals and practices, which statements shall
<br />cover the financial operations relating to such property. Trustor further agrees when requested by Beneficiary to promptly deliver in writing such further additional
<br />information as required by Beneficiary relating to any such financial statements.
<br />23. Acceleration Clause: Should Trustor be in default under this Deed of Trust, or should Trustor, or any successor in interest of Trustor,
<br />voluntarily or involuntarily sell, exchange, convey, transfer, contract to sell, lease with option to purchase, sublease, change the character or use of, or further encumber
<br />such property, or any part thereof, or any interest therein; or if any of said parties shall be divested of title to such property, or any part thereof, or any interest therein,
<br />either voluntarily or if title to such property be subjected to any lien or charge, voluntarily or involuntarily, contractual or statutory, without the written consent of
<br />Beneficiary being first had and obtained, the Beneficiary shall have the right, at its option, to declare all sums secured hereby forthwith due and payable; and this same
<br />right of acceleration shall be available to Beneficiary if the undersigned is a partnership and any interest of a general partner terminates is a corporation and any of the
<br />corporate stock is transferred, sold or assigned; or if the undersigned is a trustee of a trust and there is a change or any of the beneficial interest of the trust.
<br />24. Remedies: No remedy herein provided shall be exclusive of any other remedy herein or now or hereafter existing by law, but shall be cumulative.
<br />Every power or remedy hereby given to Trustee or Beneficiary, or to which either of them may be otherwise entitled, may be exercised from time to time and as often
<br />as may be deemed expedient by them, and either of them may pursue inconsistent remedies. If Beneficiary holds any additional security for any obligation secured
<br />hereby, it may enforce the sale thereof at its option, either before, contemporaneously with, or after the sale is made hereunder, and on any default of Trustor,
<br />Beneficiary may, at its option, offset against any indebtedness secured hereby, and the Beneficiary is hereby authorized and empowered at its option, without any
<br />obligation so to do, and without affecting the obligations hereof, to apply toward the payment of any indebtedness of the Trustor to the Beneficiary any and all sums of
<br />money of Trustor which Beneficiary may have in its possession or under its control, including without limiting the generality of the foregoing, any savings account,
<br />deposit, investment certificate, escrow or trust funds.
<br />25. Acknowledgment: Trustor agrees and acknowledges that prior to the execution of this Deed of Trust, Trustor did acknowledge in writing and
<br />hereby confirms again that (a) this Deed of Trust is not a mortgage, but a Deed of Trust, (b) that the power of sale provided for herein provides substantially different
<br />rights and obligations for trustor than a mortgage in the event of a default or breach of any obligation hereunder, and (c) the aforementioned written acknowledgement
<br />was executed prior to the execution of this Deed of Trust.
<br />26. Law Applicable: That this Deed of Trust shall be construed according to the laws or the State of Nebraska.
<br />27. Illegality: In the event that any provision or clause of this Deed of Trust conflicts with applicable law, such conflict shall not affect other provisions
<br />of this Deed of Trust which can be given effect without the conflicting provision and to this end the provisions of this Deed of Trust are declared to be severable.
<br />28. General Provisions: (a) This Deed of Trust applies to, inures to the benefit of, and binds all parties hereto, their heirs, legatees, devisees,
<br />administrators, executors, successors and assigns. (b) The term "Beneficiary" shall mean the owner and holder (including a pledgee) of any note secured hereby,
<br />whether or not named as Beneficiary herein. (c) Wherever the context so requires, the masculine gender includes the feminine and neuter, the singular number includes
<br />the plural, and vice versa. (d) Captions and paragraph headings used herein are for convenience only, are not a part of this agreement, and shall not be used in
<br />construing it. If more than one person is named herein as Trustor, each obligation of Trustor shall be the joint and several obligation of each such person. The rights
<br />or remedies granted hereunder, or by law, shall not be exclusive, but shall be concurrent and cumulative.
<br />29. TRUSTEE ACCEPTS this Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided by law.
<br />Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceeding in which Trustor, Beneficiary or Trustee
<br />shall be a party, unless brought by Trustee.
<br />30. Address for Mailing Notices: Trustor hereby requests that a copy of any notice of default and a copy of any notice of sale hereunder
<br />shall be mailed to each person itemized below at the address indicated:
<br />1222 West 7th Street
<br />Grand Island Nebraska 68801
<br />31. Trustors acknowledge that they have executed the Preface to Deed of Trust prior to the execution of this Deed of Trust and have made the applicable
<br />election, disclaimer or waiver of homestead. Trustors further waive any additional or further homestead rights, exemptions, or elections other than those reserved in the
<br />Preface to Deed of Trust, whether existing by common law, or any other law now existing, or enacted in the future.
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