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. Loan No: 129238
<br />DEED OF TRUST
<br />(Continues) 2 0 0 9 0 5 2 0 5 page 2
<br />Insurance, if available, for the full unpaid principal balance of the loan and any prior liens on the property securing the loan, up to the
<br />maximum policy limits set under the National Flood Insurance Program, or as a#herwise required by Lender, and to maintain such
<br />insurance for the term of the loan.
<br />LENDER'S EXPENDITURES. If Truster falls (A) to keep the Property free of all taxes, liens, security interests, encumbrances, and other
<br />claims, (B) to provide any required Insurance on the Property, (C) to make repairs to the Property or to comply with any obligation to
<br />maintain Existing Indebtedness In good standing as required below, then Lender may do so. If any action or proceeding is commenced that
<br />would materially affect Lender's interests in the Property, then Lender an Trustors behalf may, but is not required to, take any action that
<br />Lender believes to be appropriate to protect Landers interests. All expenses Incurred or paid by Lender for such purposes will than bear
<br />interest at the rate charged under the Note from the date Incurred or paid by Lender to the date of repayment by Trustor. All such
<br />expenses will become a part of the Indebtedness and, at Lenders option, will (A) be payable on demand; (B) be added to the balance of
<br />the Note and be apportioned among and be payable with any Installment payments to become due during either (1) the term of any
<br />applicable insurance policy; or (2) the remaining term of the Nota; ar (C) be treated as a balloon payment which will be due and payable
<br />at the Note's maturity.
<br />WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Deed of Trust:
<br />Title. Trustor warrants that: (a) Trustor holds good and marketable title of record to the Property in fee simple, free and clear of all
<br />liens and encumbrances other than those set forth in the Real Property description or in the Existing Indebtedness section below or In
<br />any title Insurance policy, title report, ar final title opinion issued in favor of, and accepted by, Lender in connection with this Dead of
<br />Trust, and (b) Trustor has the full right, power, and authority to execute and deliver this Deed of Trust to Lender.
<br />Defense of Title. Subject to the exception in the paragraph above, Trustor warrants and will forever defend the title to the Property
<br />against the lawful claims of all persons.
<br />F..XISTING INDEBTEDNESS. The following provisions canceming Existing Indebtedness are a part of this Deed of Trust:
<br />Fxlsting Llen. The lien of this Deed of Trust securing the Indebtedness may 6e secondary and inferior to an existing Ilan. Truster
<br />expressly covenants and agrees to pay, or sea to the payment of, the Existing Indebtedness and to prevent any default on such
<br />Indebtedness, any default under the instruments evidencing such Indebtedness, or any default under any security documents far such
<br />indebtedness.
<br />EVENTS OF DEFAULT. At Lenders option, Trustor will 6e in default under this Dead of Trust if any of the following happen:
<br />Payment Default. Trustor fails to make any payment when due under the Indebtedness.
<br />Break OlMr Promisn. Trustor breaks any promise made ~ Lender or fails to perform promptly at the time and strictly in the manner
<br />provided in this Deed of Trust or in eny agreement related to this Daed of Trust.
<br />Complianu Default. Failure to comply with any other term, obligation, covenant or condition contained in this Deed of Trust, the Note
<br />or in any of the Related Documents.
<br />Default on Other Payments. Failure of Truster within the time required by this Deed of Trust to make any payment far taxes or
<br />Insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien.
<br />Death or Insolvency. The death of Trustor, the insolvency of Trustor, the appointment of a receiver for any part of Trustors property,
<br />any assignment far the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any
<br />bankruptcy or insolvency laws by or against Trustor,
<br />Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, ar accommodation
<br />party of any of the Indebtedness or any guarantor, endorser, surety, or acoommadatian party dies or becomes incompetent, or
<br />revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness.
<br />Insecurity. Lender in good faith believes itself Insecure.
<br />Existing Indebtedness. The payment of any installment of principal or any Interest on the Existing Indebtedness is not made within the
<br />time required by the promissory note evidencing such Indebtedness, or a default occurs under the instrument securing such
<br />indebtedness and is not cured during any applicable grece period in such instrument, or any suit or other action is commenced to
<br />foreclose any existing lien an the Properly.
<br />Right to Cure. If any default, other than a default In payment is cureble and if Trustor has not been given a notice of a breach of the
<br />same provision of this Deed of Trust within the preceding twelve (12) months, it may be cured if Trustor, after receiving written notice
<br />from Lender demanding cure of such default: (1) cures the default wkhin fifteen (15) days; or (2) if the cure requires more than
<br />fifteen (15) days, immediately Initiates steps which Lender deems in Lenders sole discretion to be sufficient to cure the default and
<br />thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably
<br />practical.
<br />RIGHTS AND REMEDIES ON DEFAULT. Upon the ocourrence of any Event of Default under any indebtedness, or should Trustor fail to
<br />comply with any of Trustors obligations under this Deed of Trust, Trustee or Lender may exercise any one or more of the following rights
<br />and remedies:
<br />Acceleration Upon Default; Additional Romadlas. If any Event of Default occurs as per the terms of the Note secured hereby,
<br />Londer may deGare all Indebtedness secured by this Deed of Trust tp be due and payable and the same shall thereupon become
<br />due and payable without any presentment, demand, protest or notice of any kind. Thereafter, Lender may:
<br />(a) Either in perspn 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 at i#s security, enter upon and take 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 ar rentability of the Property, or part of the Property or interest in the Property; increase the income from the
<br />Properly ar protect the security of the Property; and, with ar 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, and apply the same, less costs and
<br />expanses of operation and collection attorneys' fees, 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 rents, issues and
<br />profits, and the application thereof shall not cure or waive any default or notice of default under this Deed 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 collection, receipt and application of rents, issues or profits, Trustee ar
<br />Lender shall be entitled to exercise every right provided for In the Nate or the Related Documents or 6y law upon the
<br />occurrence of any event of default, Including the right to exeroise the power of sale;
<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
<br />(c) Deliver to Trustee a written declaration of default and demand for sale and a written notice of default and election to
<br />cause Trustors Interest in the Properly to be sold, which notice Trustee shall cause to be duly filed for retard in the
<br />appropriate offices of the County in which the Properly is located; and
<br />(d) With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured perky
<br />under the Nebraska Uniform Commercial Code.
<br />Foreclosure by Power of Sale. If Lender elects to foreclose by axeroise of the Power of Sala 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 Dsed of Trust as Trustee may require.
<br />(a) Upon receipt of such notice from Lender, Trustee shall cause to be recorded, published and delivered to Truster 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 />Truster, 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, sell the Property at the time and place of sale fixed by it In such Notice of Sale,
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