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11-09-1999 DEED OF TRUST Page 4
<br /> Loan No 1041326 (Continued) 9 9 1110 2 2
<br /> property records,Lender may,at any time and without further authorization from Trustor,Hle executed counterparts,copies or reproductions of
<br /> this Deed of Trust as a financing statement. Trustor shall reimburse Lender for all expenses incurred in pertecting or continuing this security
<br /> interest. Upon defautt,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 /> Addresaes. The mailing addresses of Trustor(debtor) and Lender (secured party), fiom 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 flrst page of this Deed
<br /> of Trust.
<br /> FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating to further assuranc�s 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 o�and plac�s as Lender may deem appropriate,any and all such mortgages,
<br /> deeds of trust,securiry deeds,security agreements,financing statements,continuation statemenis,instruments of further assurance,certificates,
<br /> and other documents as may, in the sole opinion of Lender, be necassary or desirable in order to effectuate,complete, perfect, continue, or
<br /> preserve (a)the obligations of Trustor under the Note,this Deed of Trust,and the Related Documents,and (b)the liens and security interests
<br /> created by this Deed of Trust as first and prior liens on the Property,whether now owned or hereafter acquired by Trustor. Unless prohibited by
<br /> law or agreed to the contrary by Lender in writing,Trustor shali reimburse Lender for all cosis and e�e�incurred in connection with the
<br /> matters referred to in this paragraph.
<br /> Attomey-in-Fact. 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 appants Lender as Trustor's attorney�r�fact for the purpose
<br /> of making, executlng, delivering, filing, recording, and doing all other things as may be necessary or desirable, in Lender's sole opinion, to
<br /> accomplish the matters referred to in the preceding paragraph.
<br /> FULL PERFORMANCE. If Trustor pays all the Indebtedness when due,and otherwise performs aH the oblfgaHons imposed upon Trustor under this
<br /> Deed of Trust, Lender shall execute and deliver to Trustee a request for full reconveyance and shali execute and deliver to Trustor suitable
<br /> statements of termination of any financing statement on file evidencin� Lender's security interest in the Renis and the Personal Properly. Any
<br /> reconveyance fee required by law shall be paid by Trustor,if permitted by applicab�s law.
<br /> DEFAU.T. Each of the following,at the option of Lender,shaH cons�tute an event of defautt("Event of Defauli'�under this Deed of Trust:
<br /> DeMult on Indebtedness. Failure of Trustor to make any payment when due on the Indebtedness.
<br /> Default on Other Payments. Failure of Trustor within the time required by this Deed of Trust to make any payment for taxes or insurance,or
<br /> any other payment necessary to prevent filing 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 Documents.
<br /> False StatEments. Any warranty,representation or statement made or furnished to Lender by or on behalf of Trustor under this Deed of Trust,
<br /> the Note or the Related Documents is false or misleading in any material respect,either now or at the time mede or furnished.
<br /> Defective Collaterallzation. This Deed of Trust or any of the Related Documenis ceases to be in full force and effect(including failure of any
<br /> collateral documenis to create a valid and perfected security interest or lien)at any time and for any reason.
<br /> Death or Insolvency. The death of Trustor, the insolvency of Trustor, the appantment of a receiver for any part of Trustor's property, any
<br /> assignment for the beneflt of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or
<br /> insolvency laws by or against Trustor.
<br /> Foreclosure,Fortelture,etc. Commencement of foreclosure or forfeiture proceedings,whether by judicial pra�eding,self-help,repossession
<br /> or any other method,by any creditor of Trustw or by any governmental agency against any of the Property. However,this subsection shall not
<br /> apply in the event of a good faith dispute by Trustor as to the validity or reasonableness of the claim which is the basis of the foreclosure or
<br /> forefeiture proceeding, provided that Trustor gives Lender written notice of such claim and furnishes reserves or a surety bond for the claim
<br /> satisfactory to Lender.
<br /> Breach of Other A�reement. Any breach by Trustor under the terms of any other agreement between Trustor and Lender that is not remedied
<br /> within any grace period provided therein,including without limitation any agreement concerning any indebtedness or other obligation of Trustor
<br /> to Lender,whether existing now or later.
<br /> Evenis Affectiny Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedness or any Guarantor
<br /> dies or becomes incompetent,or revokes or disputes the validity of,or liability under,any Guaranty of the Indebtedness. Lender,at its option,
<br /> may, but shall not be required to, permit the Guarantor's estate to assume unconditionaNy the obligadons arising under the guaraniy in a
<br /> manner satisfactory to Lender,and,in ddng so,cure the Event of Default.
<br /> Insecurity. Lender in good faith desms itself insecure.
<br /> Right to Cure. If such a feilure is curable and if Trustor has not been given a notice of a breach of the same provision of this Deed of Trust
<br /> within the preceding iwelve (12) months, it may be cured (and no Event of DefauK wiii have occurred) if Trustor, after Lender sends written
<br /> notice demanding cure of such failure: (a)cures the failure within ten(10)days;or (b)if the cure requfres more than ten(10)days,immediately
<br /> initiates steps sufficient to cure the failure and thereaffer continues and completes all reasonable and necessary steps sufficient to produce
<br /> compl'�ance as soon as reasonably practical.
<br /> RIGHTS AND REMEDIES ON DEFAI�T. Upon the occurrence of any Event of Default and at any time thereaRer,Trustee or Lender,at its opHon,
<br /> may exercise any one or more of the following rights and remedies,in addiNon to any other rights or remedies provided by Iaw:
<br /> Acceleration upon Defeult; Additiond Remedies. If any event of default occurs as per the terms of the Note secured hereby,Lender may
<br /> declare alt Indebtedness secured by this Deed of Trust to be due and payable and the same shall thereupon become due and payable without
<br /> 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 iis security,enter upon and take possession of the Property,or any pa�t 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,marketebiliiy or rentability of the Property,or part
<br /> of the Property or interest in the Property;increase the income(rom the Property or protect the.security of the Property;and,with or without
<br /> taking possession of the Property,sue for or otherwise coliect the renis,issues and profits of the Property, including those past due and
<br /> unpaid,and apply the same,less costs and e�enses of operation and cdlection,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 application thereof shail not cure or waive any defautt or notice of default under this Deed of Trust
<br /> or invalidate any act done in response to s�h defauR or pursuant to such notice of defauR; and, noiwithstanding the continuance in
<br /> possession of the Property or the cotlection, receipt and application of rents, issues or profds, Trustee or Lender shail be entiHed to
<br /> exercise every right provided for in the Note or the Related Dxuments or by law upon the occurrence of any event of default,including the
<br /> right to exercise the power of sale;
<br /> (b) Commence an action to foreclose this Deed of Trust as a mortgage,appant a receiver or specifically enforce any of the covenanks
<br /> hereof;and
<br /> (c) Deliver to Trustee a written declaration of default and demand for sale and a written notice of default and elecNon to cause Trustor's
<br /> interest in the Properiy to be soid,which nodce Trustee shall cause to be duly filed for record in the appropriate of�of the Counry in
<br /> whkh the Property is located;and
<br /> (d) With respect to all or any part of the Personal Property, Lender shall have all the righis and remedies of a secured party under the
<br /> Nebraska Uniform Commerciai Code.
<br /> Foreclosure by Power of Sale. If Lender elecls 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 Note and such receipts and evidence of e�enditures made and secured by this Deed of
<br /> 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 law and after recordation of such Notice of Default and after Notice of Sale having been given as required by law,sell
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