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r 22. SECURITY AGREEMENT AND FINANCING STATEMENT. This Deed of Trust constitutes a security agreement and IInanclng slltemenl under the Unllorm Commercial Code 01 the State of Nebraska with respect to any part of the property which mayor might now or herelllter be Of be deemed to be personal property, IIxlures and/or property other then real property. 23. INCORPORATION OF TERMS. All of the terms. condltlona and provisions of the Agreement BrB Incorporated Into this Deed of Trust as It InCluded In this Deed of Trust Itself. 2.. TIME OF ESSENCE. TIme is Df the essence In this Deed of Trust, and the Agreement. 25. ACTUAL KNOWLEDGE. For purposes 01 this Deed of Trust and the Agreement, First Federal Lincoln does not receive aclual knowledge of Information required lobe conveyed 10 First Federallincoln In writing byus unlll the date 01 actual recelpl 01 such Information at the address for nollcesspecUled In paragraph 11 above. Such date shall be conclusively determined by reference tothe relurn receipt In our possession. With regard to other events orlnfonnatlon not provided byus under the Credit Documents, First Federal Lincoln will be deemed 10 have sctusl knowledge of such event or Infonnella" 8S of the date First Federal Lincoln receives a written notice of such event or Information from asource First Federal Lincoln reasonably believes to be reliable, Including but not limited to, a court or othergovernmental agency, Inslllutlonallender, or lIt1e company. 26. TAXES-If the laws now In torce for the taxation of deeds 01 trust. or the debls they secure, or the manner of operation of such taxes, change In anyway after the date of this Deed of Trust so as to aHect the Interest of First F6deral Lincoln, then we shall pay the full amount of such tEiixes. 27. EXPENSE OF LITIGATION. In any suit to invoke the powerof sale under this Deed ofTrustorentorceanyotherremedyof First Federal Lincoln under the Credit Documents there shall be allowed and Included, to the extent permitted by applicable law. as addlllonal Indebtedness In the judgment or decree, all court costs and out of pocket disbursements and all expenditures and expenses which may be paid or Incurred by First Federal Lincoln or on First Federal Lincoln's be hall for attorneys' fees, appraisers' fees, outlays for documentary and expert evidence. stenographers' charges, publication costs, survey costs, and costs(whlch may be estimated as to Items to be expended after entryofthe decree} of procuring allabstrects of title, title searches and examinations, title Insurance policies, andslmllardataand assurances with respect to title ae First Federal Lincoln may consider reasonably necessary either to prosecute such suit or to evidence to bidders at any safe which may be had pursuant to such decree the true condition of the title to or value of the Property. All such expenditures and expenses, end those that maybe Incurred In the protection of the Properly Bnd the maintenance of the lien of Ihis Deed of Trust, Including the fees of any attorney employed by First Federal Lincoln In any IItlgatlon or proceeding aUectlng this Deed of Trust, the Agreement or the Property or In preparation for the commencement of defense of any proceeding or threatened suit or proceeding, shall be immediately due and payable by us, with Interest at the Interest rate payable under the Agreement . 28. WAmEN STATEMENTS. Within five (6) calendar days upon request In person orwlthinlen(10) calendardeys upon request bymall, we will furnish a written statement duly aCknowledged of the amount due on this Deed of Trust and whether any oftsets or defenses exist against the dept secured by this Deed of Trust Byal nT:;;;lrrf~a _ USTOR Russell C. Rathjen M~. C7 _~'0A.l TRUSTOR arilyn Il.Ra'tffren' TRUSTOR TRUSTOR STATE OF NEBRASKA On Ihe 25 h day of October. 1988 ,belore me personally came the above signed 10 me known 10 be the Indlvldual(s) described In and who culed the foregoing Inslrumenl, and aCknowledged 1hatlhey executed the same. CIIIIAlIllMY-Sllb of IImstI CONNIE S. BALES My tom"- E~P'y~ 1r~ .' REOUEST FOR FULL RECONVEYANCE SEAL TO TRUSTEE: The undersigned 15 the holder of the Agreemont secured by this Deed of Trust. Said Agreemenl. together with all other indebtedness secured by this Deed of Trust. has been paid in full, perthe termsoltheAgreement. You are hereby directed to cancel said Agreement and this Deed of Trust, which are delivered herby, and to reconvey. without warranty, all the estate now held by you under this Deed of Trust to the person or persons legally entitled thereto. '~ 0818<1: ~ ~ on '~ ~~ i-J l c.s!~:li~ 8 ,M:; ~ ~~ o <3 """'0 ",00 ~~ .. CIQ .... "" 1 ~5 "'<> C ... ... = :c """ e i~ , ~~ ~i. ~~~ ~ ~ ~~ ~ ~~~~ U> .... ..... ..... = ... ~ L FORM l)Q1.e86