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<br />200902520
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<br />16. Personal Property: 11Iis Deed ofTmst is also intended to encumber and create, and Tmstor does hereby grant to Beneficiary, a security interest in any and all of
<br />such property which is personal property owned hy Trustor and now or hereafter located on or used in cOllnection with such properly including, hUI not limited to, all fixtures, owned
<br /> by
<br />Tmstor and now or hereafter located on, attached to or used in and about the Improvements which are necessary to the complete and comfortable use and occupancy of the Improvements
<br />for all purposcs for which they arc intended and such other goods and chattels and persoual property owned by Tmstor as are ever to be used Or fumished in operating Ihe ImprovemenlS,
<br /> or
<br />the activilies Conducled Iherein, and all renewals or replacemellls thereof or SUbSlilUlions Iherefore, conducted therein, and all renewals or replacemellls thereof or substimtions therefore,
<br />whether or not the same shall be attached to the Improvements in any manner, and all building materials and equipmelll hereafter simate on or about the Real Estate or the Improvements.
<br />111e foregoing items which arc leased by Trustor, Tmstor shall, fom' time to time, upon request of Beneficiary, provide Beneficiary with a current inventory of all of the personal property
<br /> in
<br />which the Beneficiary is granted a security interest hereunder, j11 such detail as Beneficiary may require. Any lieu created against personal property will be in compliance with Regulation
<br />AA.
<br />
<br />17. Security Agreement: 111is Deed of Trust constitutes a security agreement between Tmstor and Beneficiary with respect to all re.peet to all persoual property in
<br />which Beneficiary is granted a security intere.t hereunder, aud, cumulative of all other rights and remedies of Beneficiary hereunder, Beneficiary shall have all of the rights and remedies
<br /> of
<br />a secured parly under Ihe Nebraska Unifonn Commercial Code. Truslor hereby agrees 10 execute and deliver 011 demand alld hereby irrevocably constitutes and appoints Bcnefieiary the
<br />attomey-in-fact of Tmstor to execute and deliver and, if appropriate, to me with the appropriate filing officer or officers such security agreements, financing slalemellls, cOlllinualion
<br />statements or other instrumeuts as Beneficiary may request Or rcquire in order to impose, perfect or continue the perfection of the lien or security interest created hereby. Upon the
<br />occurrence of any defauh hereunder tIOl cured within any applicable grace period, Beneficiary shall have Ihe right to cauSe any of such property which is personal property and subject
<br /> to
<br />security interest of Beneficiary hereunder to be .old in one of public or private sales as pennitted by applicable law, including at a sale held in conjunction with the sale of such
<br /> property by
<br />Tmslee, as provided for in this Deed of Tmst, and Beneficiary shall further have all rights and remedies, whether allaw in eqnity or by stalnte, as are available 10 secured creditors
<br /> under
<br />applicable law. Any such disposition nlay be conducted by au employee or agent of Beneficiary or Tmstee. Expenses ofTetaking, holding, preparing for sale, selling or the like shall be
<br />bonle by Tmslor aud shall include Beneficiary's and Tmstee's fees and legal expenses. Beneficiary shall have Ihe right 10 elller npon the Real Estate and Ihe ImprovemenlS or any other
<br /> real
<br />property or any personal property which is the subject of the security interest ~'fanted herein as located to take possession of, assemble and collect such personal property or to reuder
<br /> it
<br />unusable, or Trustor, upon demand of Beneficiary, shall assemble such personal properly and make il availahle to beneficiary at a place deemed reasonably convenient to Beneficiary. If
<br />notice is required by law, Beneficiary shall give Tmstor at least five (5) days' prior writtennOlice of the time and place of any public sale or other intended disposition is to be made,
<br /> and, if
<br />such nOlice is sent to Truslor, a. the same is provided for dIe mailing ofuolices herein, it is hereby deemed that such noliee shall be and i. reasonable notice to Tmstor. Any sale
<br /> made
<br />pursuant to the provisions of this paragraph shall be deemed 10 have been a public sale conducted in a reasonably commercial manner if held contemporaneously with the sale under the
<br />power of sale grallled in Ihis Deed of Tmst upon giving Ihe same nOlice with respect to the sale of the personal property hereunder as is required wilh respeCI to Ihe sale undcr the
<br /> power of
<br />sale given the Tmstee under this Deed of Tmst.
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<br />18. Fixture Financing Statement: 111is Deed of Tmst is intended to be a financing statemeut within the purview of Ihe Nebraska Uniform Commercial Code
<br />with respecI to those items of such property as constimte fixmres on the Real ESlale. 'l1,e address ofTtustor (Deblor) and Beneficiary (Secured Party) are set forth on the first page
<br /> of this
<br />Deed of Tmst. 11lis Deed of Tmst is to be filed for record with the Register of Deeds ofthe County where the real eslate is localed. Tmstor is Ihe record owner oflhe real estate.
<br />
<br />19. Substitution of Trustee: 11Iat Beneficiary may, from time to time, by instrument in wriling, substimle a successor or successors 10 any Truslee named herein or
<br />acting herennder, which in'lrumenl, execuled and acknowledged by Beneficiary and recorded in the office of the register of deeds of the county or counties where such property is situated,
<br />shall be conclusive proof of property substitulion of such Tmstee or Tmstees, who shall, without conveyance from the Tmslee predecessor, succeed to all ils title, eSlale, rights, power
<br /> and
<br />duties.
<br />
<br />20. No Waiver by Beneficiary: No waiver by Beneficiary of any righlunder Ihis Deed of Trust shall be effeclive unless in writing. Waiver by Bcnefieiary o!'any
<br />right gran led 10 Beneficiary under this Deed of Tru't or oCCurrences shall not be deemed a waiver as to any Future transactions or occurrences. By accepting payment of any Sllln secmed
<br />hereby after it, due date, or by making any paymeut or perfomling any aCI on behalf of Tmstor that Tm.tor was obligated hereunder, but biled to make or perfonn, or by adding any
<br />paymelll so made by Beneficiary to tile indebtedness secured hereby, Beneficiary does nol waive its righl to require prompt payment when due of all other sums so secured or to require
<br />prompt perfbmlanee of all other acts required hereunder, or to declare a default for failure so to pay.
<br />
<br />21. Waiver of Statute of Limitation: Time is of Ihe essence in all Trustor's obligations hereunder; and to the extent pennitted by law, Tmstor waives all
<br />present or fllture statutes of limitations witll respect to any debt, demand or obligations secured hereby in any action or proceeding for the purpose of enforcing this Tmst or any right
<br /> or
<br />remedie, hereunder.
<br />
<br />22. Inspection and Business records: Beuefieiary at any time during the continuation of this Tmst may elller and inspect such properly at any reasonable time.
<br />Tmstor agrees that in the evelll such property is now or hereafter used for commercial or residelllial i1lcOJne purposes, when requested by Beneficiary, Tmstor will promptly deliver
<br /> to
<br />Beneficiary such certified financial Slalemems and profit and loss statements of such types and at such intervals as may be required by Beneficiary, which will be in form and content
<br />prepared according to the usual and acceptable accounting principals and practices, which slalemenls shall cover Ihe financial operations relaling to such property. Tmstor further a~'fees
<br />when requesled by Beneficiary to promptly deliver in writing such furlher additional infomlation as required by Beneficiary relating to any such financial statemellls.
<br />
<br />23. Acceleration Clause: Should Tmstorbe in default under this Deed of TruSI, or should Trustor, or any sueecssorin interest of Tmstor, voluntarily or involuntarily
<br />sell, exchange, convey, transfer, contract to sell, lease with option to purchase, sublease, change tile characler or use of, or furlher encnmber ,uch property, Or any part thercol~
<br /> or any
<br />interest therein; or if any of said parties shall be dives led of title to .uch propcrty, or any part tllereof, or any interest tllerein, eitller voluntarily or iftitle to such property
<br /> be subjecled 10 ally
<br />lien or charge, voluntarily or involuntarily, contractual or slatutory, witllOut tile written con,ent of Beneficiary being first had and obtaiued, the Beneficiary shall have tile right,
<br /> al its oplion,
<br />to declare all sums secured hereby fortllwitll due and payable; and Ihis same righl of acceleration shall be available to Beneficiary if the uudersi~'1led is a partnership and any illlerest
<br /> of a
<br />general partner tenuinates is a corporation and any of the corporate stock is transferred, sold or assigned; or if the undersigned is a Irustee of a trust and there is a change or any
<br /> of the
<br />beneficial illlerest of the trust.
<br />
<br />24. Remedies: No remedy herein provided shall be exclusive of any other remedy herein or now or hereafter existing by law, bnl shall be cumulalive. Every power or
<br />remedy hereby given to Tmstee or Beneficiary, or 10 which eitller of them may he otherwise entitled, may be exercised !'rom time to time and as often as may be deemed expedielll by them,
<br />and either of them may pursue inconsistent remedies. If Beneficiary holds any additional security for any obligalion ,ecured hereby, it may enforce the sale thereof at its option, eitller
<br />before, eontemporaueously Witll, or after the sale is made hereunder, and on any default of Truslor, Beneficiary may, at ilS option, offset against any indebtedness secured hereby, and
<br /> the
<br />Beneficiary is hereby authorized and empowered at its opli(lIl, wilhout any obligation so to do, and WitllOut affecting the obligations hereof, to apply loward the paymenl of any indebtedness
<br />of the Tmstor to the Beneficiary any and all sums of money of Tmstor which Beneficiary may have in it. posscssion or under its eoutrol, including WitllOut limiting tile generalily of
<br /> Ihe
<br />foregoing, any savings account, deposit, inveSl1'nent ceTtificatc~ escrow or trust thuds.
<br />
<br />25. Acknowledgment: TmSlor agrees and acknowledge.lhat prior to tile execution of this Deed of Tmst, Tmstor did acknowledge in wriling and hereby eonfim,.
<br />again that (a) this Deed ofTmst is not a mortgage, but a Deed ofTmst, (b) tllat the power of sale provided for herein provide. substantially different rights aud obligations for IImtor
<br /> tllan a
<br />mortgage in the evelll of a default or breach of any obligalion hereunder, and (c) the aforementioned written ackllowledgemelll was execuled prior 10 Ihe execulion ofthi. Deed of Tmst.
<br />
<br />26. Law Applicable: That Ihis Deed of Trust shall be eOllstrued according to tile laws or the Slate of Nebraska.
<br />
<br />27. Illegality: In tile cveut tllat any provision or clause ofthis Deed of Tmsl conflicts with applicable law, such conflict shall not affect otller provisions of tllis Deed of
<br />Tmst which can be given effecI without the conflicting provision and to this end the provisions oftllis Deed ofTmst are declared to be severable.
<br />
<br />28. General Provisions: (a) 11Iis Deed of Tmst applies to, inures to tile benefit of, and binds all parties hereto, tlleir heirs, legatees, devisees, administrators,
<br />executors, successors and assigns. (b) 11le term "Beneficiary" shall mean tile owner and holder (including a pledgee) of any note secured hereby, whetller or not named as Beneficiary
<br />herein. (c) Wherever the context so requircs, the masculine gender includes the feminine and neuter, the singular number includes Ihe plural, and vice versa. (d) Captions and paragraph
<br />headings used herein are for convenience only~ are not a part of this agreement, and ~han not be used in construing it. Jflllorc than one person is named herein as Trustor, each obligation
<br /> of
<br />Trustor shall be Ihe join I and several obligation of each such person. 11Ie rights or remedies granted hereunder, or by law, shall not be exclusive, bul shall be eoneurreut and cumulative.
<br />
<br />29. TRUSTEE ACCEPTS Ihis Trusl when this Deed of Tmst, duly executed and acknowledged, is made a public record as provided by law. Tmstee is not
<br />obligated to notify any party hereto of pending sale under any otller Deed of Trust or any action or proceeding in whieh Tmstor, Beneficiary or Tmstee shall be a party, unless brought
<br /> hy
<br />Trustee.
<br />
<br />30. Address for Mailing Notices: Trustor herehy requests that a copy ohny notice of default and a copy of any notice of sale hereunder shall be mailcd to each
<br />person itemized below allhe address indica led;
<br />
<br />412 East Nebraska Place
<br />
<br />Cairo, NE 68824
<br />
<br />31. Tmstors acknowledge tllat Ihey have executed tile Preface 10 Deed ofTmst prior to the execution of Ihis Deed of Tmst and have made Ihe applicable eleclion, disclaimer or
<br />waiver of homes lead. Tru'tors furlher waive any addilional or furtherholllestead rights, exemptions, or elections olher Ihanlhose reserved in dIe Preface to Deed ofTmst, whether existing
<br />by common law, or any other law now existing, or enacted in the future.
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<br />8123.CY (4103)
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