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<br />loan No: 0872056735
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<br />DEED OF TRUST
<br />(Continued)
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<br />200806242
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<br />Page 4
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<br />this Deed of Trust:
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<br />Further Assurances. At any time, and from time to time, upon request of Lender, Trustor will make, execute and deliver, or will cause
<br />to be made, executed or delivered, to lender or to Lender's designee, and when requested by lender, cause to be filed, recorded,
<br />refiled, or rerecorded, as the case may be, ot such times and in such offices and places as Lender may deem oppropriate, any and all
<br />such mortgages, deeds of trust. security deeds, security agreements, financing statements, continuation statements, instruments of
<br />further assurance, certificates, and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to
<br />effectuate, complete, perfect, continue, or preserve (1) Borrower's and Trustor's obligations under the Credit Agreement, this Deed
<br />of Trust, and the Related Documents, and (2) the liens and security interests created by this Deed of Trust on the Property, whether
<br />now owned or hereafter acquired by Trustor. Unless prohibited by law or lender Ilgrees to the contrary in writinIJ, Trustor shllll
<br />reimburse Lender for all costs and expenses incurred in connection with the matters referred to in this paragraph.
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<br />Attorney-in-Fact. If Trustor fails to do any of the things referred to in the preceding paragraph, lender may do so fur and in the name
<br />of Trustor and at Trustor's expense. For such purposes, Trustor hereby irrevocably afJlJOints lender as Trustor's attorney-in-fact for
<br />the fJurpose of making, executing, deliverinlJ, filing, recording, and doing all other things as may be necessary or desirable, in Lender's
<br />sole opinion, to accomplish the matters reforred to in the preceding paragraph.
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<br />FULL PERFORMANCE. If Borrower and Trustor pay oil the Indebtedness when due, tenninatf!s thf! crf!dit line account, and Trustor
<br />otherwise performs all the obligations impoSf!d upon Trustor under this Deed of Trust, Lender shall exocute and deliver to Trustee a request
<br />for full reconveyance and stlllll execute and deliver to Trustor suitable statements of termination of any finllncing stlltement on file
<br />evide.':lC;ing lender's security interest in the Rents and the Personol Property. Any reconveyance fee required by law sholl bf! paid by
<br />Trustor, if permitted b\iapplicab1e law.'
<br />
<br />EVENTS OF DEFAULT. Trustor will be in default under this Deed of Trust if Ilny of the following happen: (A) Trustor commits fraud or
<br />makes a material miSrf!presentation at any time in connection with the Credit Agreement. This can include, for example, a false statement
<br />about Borrower's or Trustor's income, assets, liabilities, or any other aspects of Borrow(H's or Trustor's financial condition. (8) Borrower
<br />does not meet the repayment terms of the Credit Agreement. IC) Trustor's action or inaction adversely affects the collateral or Lendm's
<br />rights in the collateral. This Clln include, for example, failurf! to maintain required insurance, waste or rJestructive use of the dwellinIJ,
<br />failure to pay taxes, death of all persons liable on the account, transfer of title or sale of the dwelling, Crf!lltion of a senior lif!n on the
<br />dwelling without Lender's permission, foreclosure by the holder of another lien, or the use of funds or the dwelling for prohibited purposes.
<br />
<br />RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust, at any time thereafter, Trustee or Lemier
<br />mllY 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 Indebtedrlf!Ss secured by this Deed of Trust to be dUf! and payable and the same shall
<br />thereupon become due and payable without any presentment, demand, protest or notice of any kind. Thereafter, Lender may:
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<br />(a) Either in person or by agent, with or without brinIJing any action or proceeding, or by a receiver appointed by a court and
<br />without regard to the adequacy of its security, enter upon and lakf! possession of the Property, or any part thereof, in its
<br />own name or in the name of Trustee, and do any acts which it deems necessary or desirable to preserve the value,
<br />marketability or rentability of tho Property, or part of the Property or interest in tllf! 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, ond apply the same, less costs and
<br />expenses of operation and collection attorneys' fef!s, to any indebtedness secured by this Deed of Trust, all in such order as
<br />lender may determine. The entering upon and taking possession of the Property, the collection of such mnts, issues and
<br />profits, and the application thereof shall not cure or waive any default or notice of default under this Df!ed of Trust or
<br />invalidate any act done in response to such default or pursuant to such notice of default; and, notwithstanding the
<br />continuance in possession of the Property or the colleetion, receipt and apfJlication of rents, issues or profits, Trustee or
<br />Lender shall be entitled to exercise eV(HY right provided for in the Credit Agreement or the Related Documents or by law
<br />upon the oceurrf!nce 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 as a mortgage, appoint a reeeiver or specifically enforce any of the
<br />covenants hereof; and
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<br />(e) Deliver to Trustee a written df!claration of default and demand for sale and a written notice of default and election to
<br />eause Trustor's interest in the Property to be sold, which notice Trustee shall cause to be duly filed for record in the
<br />appropriate offices of the County in which tlm Property is located; and
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<br />(d) With respect to all or any part of the Personal Property, lender shall have all the rights and rf!medies of a secured party
<br />under the Nebraska 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 [If!ed of Trust and the Cradit Agreement and such receipts and evidence of
<br />expenditures made and secured by this Deed of Trust as Trustee may require.
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<br />(a) Upon receipt of such notice from l.ender, Trustee shall cause to be recorded, published 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 as may then be required by law and after recordation of such Notice of Default and after Notice of
<br />Sale having been given as required by law, Sf!1l the Property fit the time and place of salf! fixed by it in SUdl Notice of Sale,
<br />either as a whole, or in separate lots or parcels or items as Trustee shall deem f!xpodient, and in sueh ordm as it may
<br />determine, at public auction to the hiIJhest bidder for cash in lawful money of the United States payable at t.he time of sale.
<br />Trustee shall deliver to such purchaser or purchasers theroof its good and sufficient deed or deeds conveying the property 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 limitlltion Trustor, Trustee, or Lender, may
<br />purchase at such sale.
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<br />(b) As may be permitted by law, after deducting all costs, fees and expenses of Trustell and of this Trust, including costs of
<br />evidence of title in connection with sale, Trustee shallllpply the proceeds of sale to payment of (i) all surns expended under
<br />the terms of this Deed of Trust or uncler the terms of the Credit Agreement not then repaid, including but not limited to
<br />accrued interest and late charges, (ii) all other sums then securf!d 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 Lender, and each of them, shall be entitled to f!nforce payrnf!nt and perforrnancf! of any
<br />indebtedness or obligations 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, or under any other agreement or ony laws now or hereafter in force;
<br />notwithstanding, some or all of such indebtedness and obligations secured by this Deed of Trust may now or hereafter be otherwise
<br />secured, whether by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor
<br />its enforcement. whether by court action or pursuant to the power of sale or other powers contained 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 hetd by
<br />Trustee or Lender, it being agreed that Trustee and lender, and eoch of them, shall be entitled to enforce this Deed of Trust and any
<br />other security now or hereafter hf!ld by Lender or Trustee in such order and manner as they or llither of them may in their absolutf!
<br />discretion determine. No remedy conferred upon or reserved to Trustee or Lendor, is intended to ,be exclusive of any other remedy in
<br />this Deed of Trust or by law providf!d or permitted, but each shall be cumulative and shall be in addition to every other remedy givf!n in
<br />this Deed of Trust or now or hereafter existinIJ 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 Trustf!e or Lender or to which either of them may be otherwise entitled, may be
<br />exercised, concurrently or independently, from time to time and as often as may be deemed f!xpedient by Trustee or Lender, and
<br />either of them may pursue inconsistent remedies. Nothing in this Deed of Trust shall be construed as fJrohibiting Londer from sef!king
<br />a deficiency judgment against the Trustor to the extent SUGh action is permitted by law.
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<br />Election of Remedies. All of lender's rights and remedies will be cumulative and may be f!xercised alone or together. If lender
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