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200308465 whatsoever, whether tangible or intangible, whether or not any such personal property is now or becomes a "fixture ", which is used or will be used in construction of, or is or will be placed upon or is derived from or used in any connection with the use, occupancy or enjoyment of the Property. Such personal property ( "Collateral") shall include those items as shown on the attached Exhibit "B ". "Fixtures" shall include all articles of personal property, furniture and furnishings which are so related to the Property such that an interest arises in them under the real estate laws of the State of Nebraska. To the extent of the existence of Collateral encumbered by this Deed of Trust, this Deed of Trust shall constitute a security agreement and when filed with the Nebraska Secretary of State and in the real property records of the county where the Property is situated is intended to create a perfected security interest in such Collateral in favor of Lender and to constitute a "fixture filing" in accordance with the provisions of Nebraska Uniform Commercial Code. This Deed of Trust shall be self - operative with respect to such Collateral, but Borrower agrees to execute and deliver on demand such security agreements, financing statements and other instruments as Lender may request in order to impose the lien hereof more specifically upon any such Collateral and to pay the recording and /or filing fees associated therewith. For purpose of treating this Deed of Trust as a security agreement and financing statement, Lender shall be deemed to be the Secured Party and Borrower shall be deemed to be the Debtor. 28. RECONVEYANCE. Upon payment of all sums secured by this Deed of Trust, Lender shall request Trustee to reconvey the Property and shall surrender this Deed of Trust and all Notes evidencing indebtedness secured by this Deed of Trust to Trustee. Trustee shall reconvey the Property without warranty and without charge to the person or persons legally entitled thereto. Such person or persons shall pay all costs of recordation, if any. 29. SUBSTITUTE TRUSTEE. Lender, at Lender's option, may from time to time by an instrument recorded in the Register of Deeds' office of the County in which this Deed of Trust is recorded and otherwise in accordance with the provisions of Neb. Rev. Stat. § 76 -1004 remove Trustee and appoint a successor trustee to any Trustee appointed hereunder. Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties conferred upon the Trustee herein and by applicable law. 30. OTHER DOCUMENTS. The undersigned has also executed other Loan Documents simultaneously with the Note and this Deed of Trust. The parties hereto agree that said Loan Documents shall survive the closing, and that a default or violation of any one Loan Document is a default or violation of all Loan Documents, and that as a result thereof, the Deed of Trust can be foreclosed or a default can be declared. 31. ANNUAL OPERATING STATEMENTS. Borrower shall furnish to Lender, annual financial statements for the Borrower by April 1 of each year during the loan term. Said statements shall include a balance sheet, profit and loss statement, and any supplemental schedules. If Borrower fails to furnish said statements, Lender shall, at its option, have the right to audit Borrower's books and records. Upon request, Borrower will also provide copies of its federal income tax returns to Lender. Guarantor, Michael D. Raasch, shall submit personal financial statements dated and signed certifying to the accuracy of the statement by April 1 of each year during the term of the loan. Said personal financial statements must be current (not more than 60 days old) when submitted to Lender. Upon request, Guarantor will also provide copies of his federal income tax returns to Lender. 32. DAILY INSTALLMENT ADJUSTMENTS. Borrower and Lender acknowledge that the Interest and Installments of Interest of the Note secured hereby are subject to periodic adjustment pursuant to the provisions of said Note. 33. SECONDARY FINANCING. Borrower hereby agrees that there shall be. no secondary financing on the Property without the prior written consent of Lender. a 12