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<br />200804971 <br /> <br />'. <br /> <br />The Note secured by this Deed of Trust is further secured by a Financing Statement and Security Agreement of even date <br />herewith, covering all equipment, improvements, fixtures and appurtenances as described in said Financing Statement <br />and Security Agreement. <br /> <br />This instrument shall constitute a security agreement with respect to the fixtures Income and Personal Property included <br />in the description of the Property. <br /> <br />Upon request by second party, first party shall execute financing statements and take whatever other action is requested <br />by second party to perfect and continue second party's security interest in the fixtures, Income and Personal Property. <br />First party hereby appoints second party first party's attorney in fact for the purpose of executing any documents <br />necessary to perfect or continue the security interest granted therein and authorized second party to file such financing <br />statements as second party deems appropriate to perfect its security interest in the fixtures, Income and Personal Property. <br />Second party may file copies or reproductions of this deed as a financing statement at any time without further <br />authorization from first party. First party will reimburse second party for all expenses incurred in perfecting or <br />continuing this security interest. Upon default, first party shall assemble the personal property and make it available to <br />second party within three days after receipt of written demand from third party. <br /> <br />This instrument constitutes a financing statement filed as a fixture filing in the Official Records of the County Recorder <br />of the County in which the Real Property is located with respect to any and all fixtures included in the term Property as <br />used herein and with respect to any goods or other personal property that may now be or hereafter becomes fixtures. <br /> <br />Beneficiary shall have the right, power and authority during the continuance of this Deed of Trust to collect the rents, issues <br />and profits of the property and of any personal property located thereon with or without taking possession of the property <br />affected hereby, and Trustor hereby absolutely and unconditionally assigns all such rents, issues and profits to Beneficiary. <br />Beneficiary, however, hereby consents to Trustor's collection and retention of such rents, issues and profits as they accrue <br />and become payable, so long as Trustor is not, at such time, in default with respect to payment of any indebtedness secured <br />hereby, or in the performance of any agreement hereunder. If any event of default described hereafter in respect to this Deed <br />of Trust shall have occurred and be continuing, Beneficiary, as a matter of right and without notice to Trustor or anyone <br />claiming under Trustor, and without regard to the value of the trust estate or the interest of the Trustor therein, shall have the <br />right to apply to any court having jurisdiction to appoint a receiver of the property. It is further agreed that in case of default <br />in the payment of the said principal Deed of Trust Note or interest, or any part thereof, as it shall mature, or in the case of <br />failure to keep or perform any of the covenants or agreements contained in this Deed of Trust, then the Beneficiary, its <br />successors or assigns, shall be and is hereby authorized and empowered to take immediate possession of the said premises <br />hereby conveyed and all crops thereon, or to collect the rents therefrom, and to apply the proceeds thereofto the payments of <br />the debt hereby secured. <br /> <br />To Have and to Hold the Same, together with all and singular the privileges and appurtenances thereunto belonging: In Trust <br />Nevertheless, that in case of default in the payment of said Deed of Trust Note or any part thereof, or in the payment of the <br />interest thereon, according to the tenor and effect of said Deed of Trust Note, principal or interest, if any, or in case default <br />shall be made in or in case of violation or breach of any of the terms, conditions, covenants, or agreements herein contained, <br />then all sums secured hereby shall immediately become due and payable at the option of the holder of the Deed of Trust <br />Note, and the Trustee may proceed to sell the property in accordance with the Nebraska Trust Deeds Act (Section 76- 100 1 <br />et. seq.). As a fee in exercising the power of sale, Trustee shall receive its reasonable fees actually incurred. <br /> <br />As additional and collateral security for the payment of the note and indebtedness hereinbefore described, the said parties <br />of the first part (sometimes referred to herein as "Borrower") hereby absolutely, presently and unconditionally grant, <br />assign and transfer to said party of the second part, its successors and/or assigns (sometimes herein referred to as <br /> <br />2 <br />