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<br />loan No: 372055053
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<br />DEED OF TRUST
<br />( Continued)
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<br />200607991
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<br />Page 4
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<br />obligations imposed upon Trustor under this Deed of Trust, Lender shall execute and delivm 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 hy Trustor, if permitted by applicahle
<br />law.
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<br />EVENTS OF DEFAULT. Trustor will he 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 Agreelllent. This can include, for example, a false Stfltement
<br />about Trustor's income, assets, liabilities, or any other aspects of Trustor's financial condition, (8) Trustor does not meet the repayment
<br />terms of the Credit Agreement. (e) Trustor's action or inaction adversely affects the collateral or Lender's rights in the Collateral. This
<br />can include, for example, failure to mflintain required insurance, waste or destructive use of the dwalling, failure to pay tflxes, death of all
<br />persons liable on the account, transfer of title or sale of thQ 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, .
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<br />RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust, flt any time thereflfter, Trustee or Lender
<br />may exercise anyone or more of the following rights and remedies:
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<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 flnd pflyable without any presentment, demand, protest or notice of any kind, Thereafter, Lender may:
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<br />(a) Either in person or hy agent, with or without hringing any action or proceeding, or hy a receiver appointed by fl court and
<br />without regard to the adequacy of its security, enter upon flnd take possession of the Proparty, or any part thereof, in its
<br />own name or in the name of Trustee, and do any acts which it deems necessary or desirllble to preserve tho value,
<br />marketability or rentahility 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 rents, 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' fens, to llny indebtedness secured hy this Deed of Trust, all in such order as
<br />Lendnr may determine. The enrering upon and takinn possession of the Pruperly, the cullnction 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 />invalidatn any act done in response to such default or pursuant to such nutice 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 Doculllents or by law
<br />upon the occurrence of any event of default, including the right to exercise the power of sale;
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<br />(b) Commence an action to foreclose this Deed of Trust llS a mortgage, appoint a receiver or specifically enforce any of the
<br />covenants hereof; and
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<br />(c) Deliver to Trustee a written deGlaration of default and demand for sale and a written noticn of default and election to
<br />cause Trustor's interest in the Property to he sold, which notice Trustee shall cause to be duly filed for record in the
<br />appropriate offices of the County in which the Property is located; and
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<br />(d) With respect to all or any part of the Personal Pruperty, Lender shall have all the rights and remedies of Il secured Pilrty
<br />under the Nebraskll Uniform Commercial Code.
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<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 securnd by this Deed of Trust as Trustee may require,
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<br />(a) Upon receipt of such notice from Lender, Trustee shall cause to be recorded, puhlished 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 llS may then be required by law and after recordation of such Notice of Default and after Notice of
<br />Sale having heen given as required by law, sell the Pruperty at the time and place of snle fixed by it in such Notice of Sale,
<br />either as a whole, or in separate lots or parcels or items as Trustee shall deem expedient, and in such order llS it may
<br />determine, at public lluction to the highest biddnr for cash in lawful money of the United States payable at the time of sale.
<br />Trustee shall deliver to such purchaser ur purchasers thereof its good and sufficient deed or deeds conveying the properly so
<br />sold, but 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 Trustur, Trustee, or Lender, mlly
<br />purchase at such sllle.
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<br />(h) As may be permitted by law, after deducting all costs, fees and expenses uf Trustee and of this Trust, including costs of
<br />evidencn of title in connection with sale, Trustee shall apply the proceeds of sale to payment of (i) all sums expended under
<br />the terms of this Deed of Trust or under the terms of the Credit Anrenment not then repaid, including but not limited to
<br />accrued interest and late charges, (ii) 1111 other sums then secured hereby, and (iii) the remainder, if any, to the person or
<br />persons legally entitled thereto.
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<br />(c) Trustee may in the manner provided by law postpone sale of all or any portion of the Property.
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<br />Remedies Not Exclusive. Trustee and Lendnr, and each of them, shall be entil.led to enforce payment and performance of any
<br />indebtedness or ohligations 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 Documents, ur under any other agreement or any 11lwS now or hern1lfter in force;
<br />notwithstanding, some or all of such indebtedness flnd ohligations secured hy this Deed of Trust may nuw or hereafter be otherwise
<br />secured, whether by mortgage, deed of trust, pledge, lien, assignment or otherwise, Neither the accnptance of this Dead of Trust nor
<br />its enforcement, whether by court action or pursuant to the power of sale or other powers containnd 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, shll11 be entitled to enforce this Deed of Trust and any
<br />other security now or hereafter held hy 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 Deed of Trust or now or hereafter existing at law or in equity or 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 llS often as may be deemed expedient by Trustee or Lender, Imd
<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 Trustor to the extent such action is permitted by law.
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<br />Election of Remedies. All of l.ender's rights and remedies will be cumulative llnd may be exercised alone or together, If Lender
<br />decides to spend money or to perform any of Trustor's obligations under this Deed of Trust, after Trustor'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.
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<br />Requost for Notico. Trustor, on behalf of Trustor and Lender, hereby requests that a copy of any Notice of Default and a copy uf any
<br />Notice of Sale under this Deed of Trust be mailed to them at the addrnsses set forth in the first parllgraph of this Deed of Trust.
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<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
<br />entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any
<br />court action is involved, and to the extent not prohihited hy law, all reasonable expenses Lender incurs that in Lender's opinion are
<br />necessary at any time for the pratnction of its interest or the enforcement of its rights shall become a pMt of the Indebtedness payable
<br />on demand and shall bear interest at the Credit Agreement rate from the date of the expenditure until repaid. Expenses covernd by
<br />this paragraph include, without limitation, however suhject to any limits under applicable law, Lender's attorneys' fees and Lender's
<br />leglll expenses, whether or not there is a 11lwsuit, including attorneys' fees llnd expenses for bflnkruptcy proceedings (including efforts
<br />to modify or vacate any automatic stay or injunction), llppeals, and any anticipated post-judgment collection services, the cost of
<br />searching records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees, title insurance, and
<br />fees for the Trustee, to the extent permitted by applicahle law. Trustor also will pay any court costs, in addition to all other sums
<br />provided by law.
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