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DEED OF TRUST 200304275
<br />Loan No: 1677350 (Continued) Page 4
<br />effectuate, complete, perfect, continue, or preserve (1) Toaster's obligations under the Credit Agreement, this Deed of Trust, and
<br />the Related Documents, and (2) the liens and security interests created by this Deed of Trust on the Properly, whether now owned
<br />or hereafter acquired by Truster. Unless prohibited by .SV or Lender agrees to the contrary in writing, Trustor shall reimburse Lender
<br />for all costs and expenses incurred in connection with the matters referred m in this paragraph.
<br />Attorney -In -Fact. If Trustor fails to do any of the things referred to at the preceding paragraph, Lender may do so for and in the name
<br />of Treater and at Truster's expense. For such purposes, Trustor hereby irrevocably appoints Lender as Truster's attorney -in -fact for
<br />the purpose of making, executing, dell.ering, Pang, .acu:,ing, c;. :doing sll other things as may be necessary or desirable, in Lender's
<br />sole opinion,.m accomplish the matters referred to in the preceding paragraph.
<br />FULL PERFORMANCE. If Tructor payu all the Indebtedness when due, lo.mmatas the credit line account, and otherwise performs all the
<br />obligations imposed upon Trustor under this Deed of Trust, Lender shall execute and deliver to Trustee a request for full reconveyance and
<br />shall execute and deliver to Trustor suitable statements of termination of any financing statement on file evidencing Lender's 'security
<br />interest in the Rents and the Personal Property. Any reconveyance fee required by law shall be paid by Trustor, if permitted by applicable
<br />law.
<br />EVENTS OF DEFAULT. Truster will br in default under this Deed of Trust if any of the following happen: (A) Trustor commits fraud or
<br />makes a material misrepresentation at any time in connection with the Credit Agreement. This can include, for example, a false statement
<br />about Trustoi s income, assets, liabilities, or any other aspects of Truster a financial condition. (9) Trustor does not meet the repayment
<br />term. o..the C :sd: ^Ago 9mknt_ `,C) Twa:arz .vFwn or m%tar, ad tersely af3zts is w:iairel or cider's rights in 0a collateral. This
<br />can include, for example, failure to maintain required Insurance, waste or destructive use of the dwelling, failure to pay taxes, death of all
<br />persons liable on the account, transfer of title or sale of the dwelling, creation of a senior lien on the dwelling without Lender's permission,
<br />foreclosure by the holder of another lien, or the use of funds or the dwelling for prohibited purposes.
<br />RIGHTS AND REMEDIES ON DEFAULT. It an Event of Default occurs under this Deed of Trust, at any time thereafter, Trustee or Lender
<br />may exercise any one or more of the following rights -ar,d remedies-
<br />Acceleration Upon Default; Additional Remedies. If any Event of Default occurs as per the terms of the Credit Agreement
<br />secured hereby, Lender may declare all Indebtedness secured by this Deed of Trust to be due and payable and the same shall
<br />thereupon become due and 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
<br />without regard to the adequacy of its security, enter upon and take possession of the Property, or any part thereof, in its
<br />own name or in the name of. Trustee, and do any acts which it deems necessary or desirable to preserve the value,
<br />marketability or rentability of the Property, or part of the Property or interest in the Property; increase the income from the
<br />Property or protect the security of the Property; and, with or without taking possession of the Property, sue for or otherwise
<br />collect the rants, issues and profits of the Property, including those past due and unpaid, and apply the same, less costs and
<br />expenses of operation and collection attorneys' fees, to any indebtedness secured by this Deed of Trust, all in such order as
<br />Lender may determine. The entering upon and taking possession of the Property, the collection of such rents, issues and
<br />profits, and the application thereof shall not cure or waive any default or notice of default under this Deed of Trust or
<br />invalidate any act done in response to such default or pursuant to such notice of default; and, notwithstanding the
<br />continuance in possession of the Property or the collection, receipt and application of rents, issues or profits; Trustee or
<br />Lender shall be entitled to exercise every right provided for In the Credit Agreement or the Related Documents or by law
<br />upon the occurrence of any event of default, including the right to exercise the power of sale;
<br />(b) Commence an action to foreclose this Deed of Trust as a mortgage, appointa receiver or specifically enforce any of the
<br />covenants hereof: and
<br />(c) Deliver to Trustee a written declaration of default and demand for sale and a written notice of default atd election to
<br />cause Tr Imers i6tmser n' 1,.= rapers to he tort,.y+M _oics T�.. .s,^h0 w re . i, fP l t! recrd, in the
<br />appropriate offices of the County ih which the Property is located; and
<br />(it) With respect to all or any part of the Personal Property, Lender shall have all the rights and remetlies of a secured party
<br />under the 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
<br />Trustee and shall deposit with Trustee this Deed of Trust and the Credit Agreement and such receipts and evidence of
<br />expenditures made and secured by 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
<br />Notice of Default and Notice of Sale as then required by law and by this Deed of Trust. Trustee shall, without demand on
<br />Trustor, after such time as may then be required by law and after recordation of such Notice of Default and after Notice of
<br />Sale having been given as required by law, sell the Property at the time and place of sale fixed by it in such Notice of Sole,
<br />either as a whole, or in separate lots or parcels or items as Trustee shall deem expedient, and in such order as it may
<br />determine, at public auction to the highest bidder for cash in lawful money of the United States payable at the time of sale.
<br />Trustee shall deliver to such purchaser or purchaserathereof its good and sufficient deed or deeds conveying the property ao
<br />sold, bat without any covenant or warranty, express or implied. The recitals in such deed of any matters or facts shall be
<br />conclusive proof of the truthfulness thereof. Any person, including without limitation Trustor, Trustee, or Lender, may
<br />purchase at such sale.
<br />@I As may be permitted by law, after deducting all costs, fees and expenses of Trustee and of this Trust, including costs of
<br />evidence, of title in connection with sale, Trustee shall apply the proceeds of sale to payment of (i) all sums expanded under
<br />the terms of this Deed of Trust or under the terms of the Credit Agreement not then repaid, including but not limited to
<br />accrued interest and late charges, (ii) all other sums then secured hereby, and (iii) the remainder, if any, to the person or
<br />persons legally entitled thereto.
<br />(c) Trustee may in the manner provided by law postpone sale of all or any portion of the Property.
<br />Remedios Nat Exclusive. Trustee and Lender, and each of them, shall be entitled to enforce payment and performance of any
<br />indebtednes,. or obligations secured by this Deed of Trust, and to exercise all rights and powers under this Deed of Trust, under the
<br />Credit Agreement, under any of the Related Docome :.la, br under sty eth, er egsement or soy ..laws now or hereafter In force;
<br />notwithstanding, some or sit of s'. ch indebtedness and bluigatinns iscared by this Dead of Trwt :nay how cr-Leri aHor be otherwise
<br />secured, whether by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor
<br />its enforcement, whether by court action or pursuant to the power of sale or other powers contained in this Deed of Trust, shall
<br />prejudice or in any manner affect Trustee's or Lender's right to realize upon or enforce any other security now or hereafter held by
<br />Trustee or Lender, it being agreed that Trustee and Lender, and each of them, shall be entitled to enforce this Deed of Trust and any
<br />other security now or hereafter held by Lender or Trustee in such order and manner as they or either of them may in their absolute
<br />discretion determine. No remedy conferred upon or reserved to Trustee or Lender, is intended to be exclusive of any other remedy In
<br />this Deed of Trust or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given in
<br />this Dead of Trust or now or hereafter existing at law or In equity cr by statute. Every power or remedy given by the Credit
<br />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
<br />either of them may pursue inconsistent remedies. Nothing in this Deed of Trust shall be construed as prohibiting Lender from seeking
<br />a deficiency judgment against the Truster to the extent such action is permitted by law.
<br />Election of Remedies. All of Lender's rights and remedies will be cumulative and may be exercised alone or together. If Lender
<br />decides to spend money or to perform any of Toaster's obligations under this Dead of Trust, after Truster's failure to do so, that
<br />decision by Lender will not affect Lender's right to declare Trustor in default and to exercise Lender's remedies.
<br />Request for Notice. Trustor, on behalf of Trustor and Lendur, hereby requests that a pepy of any Notice of Default and a copy of any
<br />Notice of Sale under this Deed of Trust be mailed to them at the ci dresses 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
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