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<br />DEED OF TRUST
<br />(Continued)
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<br />200807065
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<br />Page 4
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<br />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 preoedingparagraph, Lender may do so for a.nd in the name of
<br />Trustor and at Trustor's expense, For such purposes, Trustor hereby irrevocably appOints Lender as Trustbr'sattorney-in-fact for the
<br />purpose of making, exeouting, delivering, filing, recording, and doing all other things as may be necessary or desirable, in Lender's sole
<br />opinion; t6 accomplish the matters referred to in the preceding paragraph,
<br />
<br />FULL PERFORMANCE. If Trustor pays all the Indebtedness, including without limitation all future advances, when due, terminates the line of
<br />credit, and otherwise periorms all the obligations imposed upon Trustor under this Deed of Trust, Lender shall execute and deliver to Trustee a
<br />request for full reconveyance and shall execute and deliver to Trustor suitable statements of termination of any financing statement on file
<br />evidencing Lender's security interest in the Rents and the Personal Property, Any reconveyance fee required by law shall be paid by Trustor, if
<br />permitted by applicable law,
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<br />EVENTS OF DEFAULT. At Lender's option, Trustor will be in default under this Deed of Trust if any of the following happen:
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<br />Payment Default. Trustor fails to make any payment when due under the Indebtedness,
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<br />Break Other Promises. Trustor breaks any promise made to Lender or fails to perform promptly at the time and strictly in the manner
<br />provided in this Deed of Trust or in any agreement related to this Deed of Trust.
<br />
<br />Compliance Default. Failure to comply with any other term, obligation, covenant o(condition,contained in this Deed of Trust, the N6te or In
<br />any of the Related Documents,
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<br />Default on Other Payments. Failure of Trustor within the time required by this Deed of Trust to make any payment for taxes or insurance, or
<br />any other payment necessary to prevent filing of or to effect discharge of any lien,
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<br />False Statements. Any representation or statement made or furnished to Lender by Trustor or on Trustor's behalf under this Deed of Trust
<br />or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished,
<br />
<br />Defective Collaterallzatlon. This Deed of Trust or any of the Related Documents ceases to be in full force and effect (including failure of any
<br />collateral document to create a valid and perfected security interest or lien) at any time and for any reason,
<br />
<br />Death or Insolvency. The death of Trustor, the inSOlvency of Trustor, the appointment of a receiver for any part of Trustor's property, any
<br />assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or
<br />insolvency laws by or against Trustor,
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<br />Taking of the Property. Any creditor or governmental agency tries to take any of the Property or any other of Trustor's property in which
<br />Lender has a lien, This includes taking of, garnishing of or levying on Trustor's accounts with Lender, However, if TrlJstordisputesin good
<br />faith whether the claim on which the taking of the Property'is based is valid or reasonable, and if Trustor gives Lender written notice of the
<br />t:Iaimand furnishes Lender with monies or a surety bond satisfactory to Lender to satisfy the claim, then this default provision will not apply,
<br />
<br />Breach of Other Agreement. Any breach by Trustor under the terms of any other agreement between Trustor and Lender that is not
<br />remedied within any grace period provided therein, including without limitation any agreement concerning any indebtedness or other
<br />obligation of Trustor to Lender, whether existing now or later.
<br />
<br />Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party
<br />of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes
<br />the validity of, or liability under, any Guaranty of the Indebtedness,
<br />
<br />Insecurity. Lender in good faith believes itself insecure.
<br />
<br />RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust, at any time thereafter, Trustee or Lender may
<br />exercise anyone or more of the following rights and remedies:
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<br />Acceleration Upon Default; Additional Remedies. 'If any Eve~t of Default occurs as per the terms of th~ Note sec'ured hereby, Lender
<br />may declare all Indebtedness secured by this Deed of Trust to be due and payable and the same shall thereupon become due and
<br />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 bringing 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 take possession of the Property, or any part thereof, in its own name
<br />or in the name of Trustee, and do any acts which it deems necessary or desirable to preserve the value, marketability or rentability
<br />of the Property, or part of the Property or interest in the Property; increase the income from the Property or protect the security of
<br />the Property; and, with or without taking possession of the Property, sue for or otherwise collect the rents, issues and profits of the
<br />Property, including those past due and unpaid, and apply the same, less costs and expenses of operation and collection attorneys'
<br />fees, to any indebtedness secured by this Deed of Trust, all in such order as Lender may determine, The entering upon and taking
<br />possession of the Property, the collection of such rents, issues and profits, and the application thereof shall not cure or waive any
<br />default or notice of default under this Deed of Trust or invalidate any act done In response to such default or pursuant to such
<br />notice of default; and, notwithstanding the continuance in possession of the Property or the collection, receipt and application of
<br />rents, issues or profits, Trustee or Lender shall be entitled to exercise every right prOvided for in the Note of the Related
<br />Documents or by law 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 as 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 declaration of default and demand for sale and a written notice of default and election to cause
<br />Trustor's interest in the Property to be sold, which notice Trustee shall cause to be duly filed for record in the appropriate offices of
<br />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 Property, Lender shall have all the rights and remedies of a secured party under
<br />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 Deed of Trust and the Note and such receipts and evidence of expenditures made and
<br />secured 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, published and delivered to Trustor such Notice
<br />of Default and Notice of Sale as then required by law and by this Deed of Trust. Trustee shall, without demand on Trustor, after
<br />such time as may then be required by law and after recordation of such Notice of Default and after Notice of Sale having been
<br />given as required by law, sell the Property at the time and place of sale fixed by it in such Notice of Sale, either as a whole, or in
<br />separate lots or parcels or items as Trustee shall deem expedient, and in such order as it may determine, at public auction to the
<br />highest bidder for cash in lawful money of the United States payable at the time of sale, Trustee shall deliver to such purChaser or
<br />purchasers thereof its good and sufficient deed or deeds conveying the property so sold, but without any covenant or warranty,
<br />express or implied, The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof, Any
<br />person, including without limitation Trustor, Trustee, or Lender, may purchase at such sale.
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<br />(b) As may be permitted by law, after deducting all costs, fees and expenses of Trustee and of this Trust, including costs of
<br />evidence of title in connection with sale, Trustee shall apply the proceeds of sale to payment of (i) all sums expended under the
<br />terms of this Deed of Trust or under the terms of the Note not then repaid, including but not limited to accrued interest and late
<br />charges, (ii) all other sums then secured hereby, and (iii) the remainder, if any, to the personor.,persons legally entitled thereto.
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<br />(c) Trustee may in the manner provided by law postpone sale alall 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 enforce payment and periormanceof ,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 Note,
<br />under any of the Related Documents, or under any other agreement or any laws now or hereafter in force; notwithstanding, some or all of
<br />such indebtedness and obligations secured by this Deed of Trust may now or hereafter be otherwise secured, whether by mortgage, deed of
<br />trust, pledge, lien, assignment or otherwise, Neither the acceptance of this Deed of Trust nor its enforcement, whether by court action or
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