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11-04-1999 DEED OF TRUST 9 9 110 8 0 4 Page 4
<br /> Loan No (Continued)
<br /> SECURITY AGREEMENT;FINANCING STATEMENTS. The fdlowing provisions relating to this Deed of Trust as a securiiy agreement are a part of
<br /> this Dsed of Trust.
<br /> Sacurity Apreement. This instrument shall consikute a security aqreement to the extent any of the Property consdtutes flxtures or otF�er
<br /> personal properiy, and Lender shall have ail of the ri�hts of a secured party under the Uniform Commercial Code as amended trom Ume to
<br /> tlme.
<br /> SecurNy IMerost. Upon request by Lender,Trustor shaq execute flnancing statements and take whatever other acdon is requested by Lender
<br /> to perfec.�t and contlnue Lender's secu�ity interest in the Rents and Personal Property. In addition to recording this Deed of Trust in the real
<br /> properiy records,Lender may,at any tlme and without further authorizaUon from Trustor,file executed counterparts,copies or reproductlons of
<br /> this Deed of Trust as a financinp statement. Trustor shall reimburse Lender for aii e�enses incurred in perfecting or conHnuing this security
<br /> Intera5t. Upon defauft,Trustor shall assembte the Personal Property in a manner and at a piace 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 /> Addressea. The mailing addresses of Trustor(debtor) and Lender (secured party), from which information concerning the securiiy interest
<br /> pranMd by iNs DNd d Tn�st may be obtalned(e�ch as roqufrod by tFw Uniform Commerdal Code).ere as stated on the first page of this Deed
<br /> of Trust.
<br /> FURTHER ASSURANCES; ATTORNEY-IN-FACT. The fdlowinfl provisions relaiiny to further assura�and attorney-ir�fact are a part of this
<br /> Deed of Trust.
<br /> purtlier Assurances. At any time,and irom Hme to tlme, upon request of Lender,Trustor will make,execute and deliver, or will cause to be
<br /> mede, 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 otfices and plac�s as Lender may deem appropriate,any and all such mortgages,
<br /> deeds of trust,securily deeds,securilY ayreemenis,finandng statements,continuation statements,ir�shumenls of further assurance,certificates,
<br /> and other dxumenis as may, i�the sole opinion of Lender,be necessary or desirable in order to effectuate,complete, perfect,condnue, w
<br /> preserve (a)the obOpatlons of Trustor under the Note,this Deed of Trust,and the Related Documenis,and (b)the liens and security interesls
<br /> created by this Deed of T�ust as first and prior liens on the Properiy,whether now owned or hereafter acquired by Trustor. Unless prohibited by
<br /> law or agreed to the contrary by Lender in writin�,Trustor shell reimburse Lender for ail'costs and e�enses incurred in connection with the
<br /> matters referred to in this paragraph.
<br /> Altorney�n-F1�ct• If Trustor fails to do any of the thinys 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 appdnis Lender as Trustor's attomey-irr-fact for the purpose
<br /> o} makirp, executlny, delivering, filiny, recordin�, and doing all other thinqs as may be necessary or desirable. in Lender's sde opinion, to
<br /> accomplish the matters referced to fn the preceding paregreph.
<br /> FUl PERFORMANCE. If Trustor pays all the Indebtedness,including without Rmitation all future advances,when due,and otheiwise performs al�
<br /> the obligations imposed upon Tn�stor under this Deed of Trust,Lender shaN execute and deliver to Trustee a request for full reconveyance 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 Personel Property. My reconveyance fee requMed by lew shall be paid by Trustor,ff permitted by appHcable law.
<br /> DEFAI�T. Each of the followinp,at the opdon of Lender,shaN constltute an event of default("Event of Default")under this Deed of Trust:
<br /> DefauR on indebtedness. Failure of Tn�stor to meke any payment when due on the Indeb�dr�ess.
<br /> De}aun q�pther payments. Failure of Trustor wittdn the tlme requked by this Deed oi Trust to make any payment for taxes or insurance,or
<br /> any other paymeM necessary to prevent flling of or to effect discharge of any lien.
<br /> Compliance Default. 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 Dacumenis.
<br /> FaIM� N'#Y�+�tY.rePrase�titm er s�rrwde or furrWShod to k.andec-by or on betwlf Qf Tiust�x undor this�aaclnf.Trust,
<br /> the Note or the Relatsd Documsnts is falae or misleadirq in arry maMrial respac.�t.either rww or at tFw tlme made or hunished.
<br /> Detective CoIlMerdization. This Deed of Trust or any of the Related Documents ceases to be in full force and effect(including failure of any
<br /> coNateral documenis to create a valid and perfected security interest or lien)at any time and for any reason.
<br /> Dsath or Insolvency. The death of Trustor or the dissolution or termination of Trustor's e�dstence as a goiny business, the insolvency of
<br /> Trustor,the appointmeM of a receiver for any part of Trustors properiy,any assignment for the benefit of creditors,any type of creditor watcout,
<br /> or the commencement of any proceeding under any bankruptcy or insolvency Iaws by or against Trustor.
<br /> Foreclowre,ForhHure,Nc. Commencement of foredosure or forfeiture procesdings,whether by judicial procesdir►g,self-help,repossession
<br /> or any other method,by any creditor of Trustor or by any governmental agency apainst any of the Property. However,this subsection shall not
<br /> o�refyeiture p eoceediny� Provided thadt Trustor�ender tw�n�otice �uch daim��asnd furnishes Wh�or a s�urery bo�r,d for�the cleim
<br /> setlsfactory to Lender.
<br /> Broech of Othsr Apresment. Any breach by Trustor under the terms of any other apreement beiwesn Trustor and Lender that is not remedied
<br /> within any grace period provided therein,induding without AmNation any agreement corxx�rrnirp any indebtedness or other obligation of Trustor
<br /> to Lender,whether epsting now or later.
<br /> Events AflecHny Gwnntor. Any of the preceding events occurs with respect to any Guerantor of any of the Indebtedness or any Guarantor
<br /> dfes or becomes fncompetent,or revokes or d'isputes the validity of,or liability under,any Guaranty of the Indebtedness.
<br /> Adverse Chanpe. A mat�fal adverse change occurs in Trustor's financial condition, or Lender believes the prospect of payment or
<br /> performance of the Indebtedness is impai�ed.
<br /> Insscurity. Lendsr in yood faith deems itself ir�ec�xe.
<br /> RIGHTS AND REMEDIES ON DEFAU.T. Upon the accurrence of any Event of Default and at any tlme thereafter,Trustee or Lender,at iis option,
<br /> may exercise any one or more of the foNowinp riyhis and remedies,in addiiion to any other ri�hts or remedies provided by law:
<br /> ���� pe}�; /�n�pnai pemedles. If ar►y event�default occixs ts per the terms of the Note secured hereby,Lender may
<br /> dedere aN Indebtedness sec�xed by this Deed of Trust to be due and payable and the same shaN thereupon become due and payable without
<br /> any presentmsnt,demand,protest or notice of any kind. ThereaRer,Lender may:
<br /> (e) Effher in person or by agent,with or without bringinp any action or proceeding, or by a receiver appdnted by a court and without
<br /> �.a�p���i��u�y.�r,ter up�and�p�ssasslon of the PFOperty.or any part thereof,in its own name oc in the name
<br /> of Trustee,and do any acis which H deems necessary or desirable to presenie the val�e.marketability or rentability of the Property,or part
<br /> of the Property or interest in the Properiy;increase the income from the Property or protect the security of the Property;and,with or wfthout
<br /> taking paesession of the Property,sue for or othe�wise cdlect the rents,issues and•profits of the Property,Including those past due and
<br /> unpaid,and apply the same,less cosls and experues of operation and collectlon,induding attorneys'fees,to any indebtedness secured
<br /> by this Deod of Trust,aN in such order as Lender rtwy determine. The entainy upon and tekinp po�session of the Properly,the cdlectlon
<br /> of such rents,issues and pro�ts,and the applicaBon thereof sheN not cixe or waive any default or nodce of default under this Deed of Trust
<br /> or �nvalidate ar�y act done in response to such defauft or pursuant to such notice of default; and, noiwithstandirp the conBnuance in
<br /> po�sicn of the Froperty or the collecHon, rec�ipt and applicatlon of renis, issues or pro�ts, Trustee or Lender shall be eniitled to
<br /> exe�dse avory ripht providad for in the Note or the Related Documents or by law upon the occurrence of any event of default,indudinp the
<br /> ripht to exe�cise the power of sa�e:
<br /> (b) Commence an acUon to fored�e thfs Deed of Trust as a mortgage,appdnt a recefver or specl�ca�b enforce any of the covenants
<br /> hereof;and
<br /> (c) Deliver to Trustee a written dederatlon of defauR and demand for sale and a written notice of default and election to cause Trustor's
<br /> interest in the Property to be sdd,whkh noiice Trustee shaU ceuse to be duly iNed for record in the appropriate offi�s of the Couniy in
<br /> which the Properiy is located;and
<br /> (d) With respect to aH or any pert of the Personal Property, Lender shaA have aN the rights and remedies of a secured periy under the
<br /> Nebraska Uniform Commerciel Code.
<br /> pproc�p�ure py ppwer oi Sde. If Lender elects to foredose by exercise of the Power of Sale herein contained,Lender shall noHfy Trustee and
<br /> shsq deposit wfth Trustee this Deed of Trust and the Note and such recefpls and evidence of expenditures made end secured by this Deed of
<br /> Trust as Truatee may require•
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