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200504312
<br />In the event of any breach, default or event of default with respect to the obligations to be
<br />performed by Trustor under this Deed of Trust, or with respect to the obligations to be performed
<br />by Borrower under the Note or the Loan Documents which remains uncured beyond any
<br />applicable curative period provided therein, Beneficiary may, without limitation on any other
<br />rights and remedies granted pursuant hereto, or pursuant to the Loan Documents, deliver to
<br />Trustee a written declaration of default, and Trustee, upon presentation to it of such written
<br />declaration signed by Beneficiary setting forth facts showing such default is authorized to accept
<br />as true and conclusive all facts and statements therein, and to act thereon pursuant to the terms of
<br />this Deed of Trust.
<br />6. This Deed of Trust encumbers, and Trustor hereby grants Beneficiary a security interest in, all
<br />personal property of any kind whatsoever, whether tangible or intangible, whether or not any
<br />such personal property is now or hereafter becomes a "fixture ", which is used or will be used in
<br />construction of, or is or will be placed upon or is derived from or used in any connection with the
<br />use, occupancy or enjoyment of, the Subject Property. Such personal property ( "Collateral ")
<br />shall include those items as shown on the attached Exhibit "B."
<br />"Fixtures" shall include all articles of personal property, furniture and furnishings which are so
<br />related to the Subject Property such that an interest arises in them under the real estate laws of
<br />the State of Nebraska. This Deed of Trust constitutes a security agreement and when filed with
<br />the Nebraska Secretary of State and in the real property records of the county where the property
<br />is situated is intended to create a security interest in the Collateral in favor of Beneficiary and to
<br />constitute a "fixture filing" in accordance with the provisions of the Nebraska Uniform
<br />Commercial Code. This Deed of Trust shall be self - operative with respect to such Collateral, but
<br />Trustor agrees to execute and deliver on demand security agreements, financing statements and
<br />other instruments as Beneficiary may request in order to impose the lien hereof more specifically
<br />upon any such Collateral and to pay the recording and/or filing fees associated therewith. For
<br />purposes of treating this Deed of Trust as a security agreement and financing statement,
<br />Beneficiary shall be deemed to be the Secured Party and Trustor shall be deemed to be the
<br />Debtor.
<br />TO PROTECT THE SECURITY OF THIS DEED OF TRUST THE PARTIES AGREE AS
<br />FOLLOWS:
<br />[: Vl M C 1 If X10 Q pill Y 1 af.Y/11M h. -
<br />1. WARRANTIES BY TRUSTOR. Trustor warrants that, except as otherwise disclosed to Beneficiary
<br />in writing, Trustor is the lawful owner of the Subject Property in fee simple without limitation on
<br />its right to encumber.
<br />2. TAXES AND ASSESSMENTS. Trustor shall pay or cause to be paid when due, all real property
<br />taxes, general or special assessments, transaction privilege taxes or sales taxes, levies and
<br />charges imposed by any public or quasi- public authority or utility company which are or may
<br />become a lien upon the Subject Property, any part thereof or interest therein. Trustor shall also
<br />pay when due, all real property taxes, general or special assessments, transaction privilege taxes
<br />or sales taxes, levies and charges imposed by any public authority upon Beneficiary by reason of
<br />its interest in the Subject Property created hereby; provided, however, that Trustor shall have no
<br />obligation to pay or discharge taxes which may be imposed from time to time upon Beneficiary
<br />and which are measured by and imposed upon Beneficiary's net income.
<br />As used herein, the term "real property taxes" shall include any form of assessment, possessory
<br />interest tax, license fee, license tax, business license fee, business license tax, commercial rental
<br />tax, levy, charge, penalty, tax or similar imposition, imposed by any authority having the direct
<br />power to tax, including any city, county, state or federal government, or any school, agricultural,
<br />lighting, drainage or other improvement or special assessment district thereof, as against any
<br />legal or equitable interest of Trustor in the Subject Property, including, but not limited to, the
<br />following:
<br />(a) any assessment, tax, fee, levy or charge in substitution, partially or totally, of any
<br />assessment, tax, fee, levy, or charge previously included within the definition of
<br />real property tax. It is the intention of Trustor and Beneficiary that all such new
<br />and increased assessments, taxes, fees, levies and charges and all similar
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