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07-26-1999 DEED OF TRUST �:� � � 7 9 5 3 Page 3
<br /> ' Loan No 6113579 (Continued)
<br /> Existing Lien. The lien of this Deed of Trust securing the Indebtedness may be secondary and inferior to an existing lien. Trustor expressly
<br /> covenants and agrees to pay,or see to the payment of,the Existing Indebtedness and to prevent any default on such indebtedness,any default
<br /> under the instruments evidencing such indebtedness,or any default under any security documents for such indebtedness.
<br /> DEFAULT. Each of the following, 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 Lender'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 taxes,
<br /> death of all persons liable on the account,transfer of title or sale of the dwelling,creation of a lien on the dwelling 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 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 rights or remedies provided by Iaw:
<br /> Acceleration upon Default; Additional 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 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 Property 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 coilect 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 Property,the collection
<br /> of such rents,issues and profits,and the appiication 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 defautt 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 exercise 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 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 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 shail,without demand on Trustor, after such time as may
<br /> then be required by law and after recordation of such 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 separate lots 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 implied. The recitals in such deed of any matters
<br /> or facts shall be conclusive proof of the truthfulness thereof. Any person, including without limitation Trustor, Trustee, or Lender, may
<br /> purchase at such sale.
<br /> (b) As may be permitted by law,after deducting all costs,fees and expenses of Trustee 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)all 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 late 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 law postpone sale of ail or any portion of the Property.
<br /> Remedies Not Exclusive. Trustee and Lender,and each of them,shall be entitled to enforce payment and performance of any indebtedness
<br /> or obligations 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 Iaws now or hereafter in force; notwithstanding, some or all 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 to
<br /> the power of sale or other powers contained in this Deed of Trust,shall prejudice or 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 and Lender,and each of them,shall
<br /> be entitled to enforce this Deed of Trust and any other security now or hereafter held by Lender or Trustee in such order and manner as they or
<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 Iaw provided or permitted, but each shail be cumulative and shall be in addition to
<br /> every other remedy given in this Deed of Trust or now or hereafter existing at law or in equity or by statute. Every power or remedy given by the
<br /> Credit Agreement or any of the Related Documents 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 shall be construed as prohibiting Lender from seeking a deficiency judgment
<br /> against the Trustor to the extent such action is permitted by Iaw.
<br /> Request For Notice. Trustor, on behalf of Trustor and Lender, hereby requests that a copy of any Notice of Default and a copy of any Notice
<br /> of Sale under this Deed of Trust be mailed to them at the addresses set forth in the first paragraph of this Deed of Trust.
<br /> Attorneys'Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Deed of Trust,Lender shall be entitled to
<br /> recover such sum as the court may adjudge reasonable as attorneys' fees at trial and on any appeal. Whether or not any court action is
<br /> involved,all reasonable expenses incurred by Lender which in Lender's opinion are necessary at any time for the protection of its interest or the
<br /> enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear interest at the Credit Agreement rate from
<br /> the date of expenditure until repaid. Expenses covered by this paragraph include, without limitation, however subject to any limits under
<br /> applicable Iaw,Lender's attorneys'fees whether or not there is a lawsuit,including attorneys'fees for bankruptcy proceedings(including efforts
<br /> to modify or vacate any automatic stay or injunction), appeals and any anticipated post—judgment collection services, the cost of searching
<br /> records, obtaining title reports (including foreclosure reports),surveyors'reports,appraisal fees,title insurance, and fees for the Trustee,to the
<br /> extent permitted by applicable law. Trustor also will pay any court costs,in addition to all other sums provided by Iaw.
<br /> MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
<br /> Applicable Law. This Deed of Trust has been delivered to Lender and accepted by Lender in the State of Nebraska. This Deed of Trust
<br /> shall be governed by and construed in accordance with the laws of the State of Nebraska.
<br /> Tlme Is of the Essence. Time is of the essence in the performance of this Deed of Trust.
<br /> Waivers and Consents. Lender shall not be deemed to have waived any rights under this Deed of Trust(or under the Related Documents)
<br /> unless such waiver is in writing and signed by Lender. No deiay or omission on the part of Lender in exercising any right shall operate as a
<br /> waiver of such right or any other right. A waiver by any party of a provision of this Deed of Trust shall not constitute a waiver of or prejudice the
<br /> party's right otherwise to demand strict compliance with that provision or any other provision. No prior waiver by Lender, nor any course of
<br /> dealing between Lender and Trustor, shall constitute a waiver of any of Lender's rights or any of Trustor's obligations as to any future
<br /> transactions. Whenever consent by Lender is required in this Deed of Trust, the granting of such consent by Lender in any instance shall not
<br /> constitute continuing consent to subsequent instances where such consent is required.
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