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<br /> 201002083
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<br /> DEED OF TRUST
<br /> (Continued) Page 4
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<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) Trustor's obligations under the Credit Agreement, this Deed of Trust, and
<br /> the Related Documents, and (2) ;the liens and security Interests created by this Dead of Trust on the Property, whether now owned
<br /> or hereafter acquired by Trustor. Unless prohibited by taw or Lender agrees to the contrary In writing, Trustor shall reimburse Lender
<br /> for all costs and expenses incurred in connection with the matters referred to in this paragraph.
<br /> Attorney-in-Fact. If Trustor fails to do any of the things referred to in the preceding paragraph, Lender may do so for and in the name
<br /> of Trustor and at Trustor's expense. For such purposes, Trustor hereby irrevocably appoints Lender as Trustor's attorney-in-fact for
<br /> the purpose of making, executing,, delivering, filing, recording, and doing all other things as may be necessary or desirable, in Lender's
<br /> sole opinion, to accomplish the matters referred to in the preceding paragraph.
<br /> FULL PERFORMANCE. If Trustor pays) all the Indebtedness when due, terminates the credit line account, and otherwise performs all the
<br /> obligations imposed upon Trustor under this Deed of Trust, Lender shall execute and deliver to Trustee a request for full reconveyance and
<br /> shall execute and deliver to Trustor suitable statements of termination of any financing statement on file evidencing Lender's security
<br /> interest in the Rents and the Personal Property. Any reconveyance fee required by law shall be paid by Trustor, if permitted by applicable
<br /> law.
<br /> EVENTS OF DEFAULT. Trustor will be in default under this Deed of Trust if any of the following happen: (A) Trustor commits fraud or
<br /> makes a material misrepresentation at any time in connection with the Credit Agreement. This can include, for example, a false statement
<br /> about Trustor's Income, assets, liabilities, or any other aspects of Trustor's financial condition. (8) Trustor does not meet the repayment
<br /> terms of the Credit Agreement. (C) Trustor's action or inaction adversely affects the collateral or Lender's rights in the collateral. This
<br /> can include, for example, failure to maintain required insurance, waste or destructive use of the dwelling, failure to pay taxes, death of all
<br /> persons liable on the account, transfer of title or sale of the dwelling, creation of a senior lien on the dwelling without Lender's permission,
<br /> foreclosure by the holder of another lien, or the use of funds or the dwelling for prohibited purposes.
<br /> RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust, at any time thereafter, Trustee or Lender
<br /> may exercise any one or more of the following rights and remedies:
<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 Indebtedness secured by this Deed of Trust to be due 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:
<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
<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 the Property, or part of the Property or Interest in the 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, and apply the same, less costs and
<br /> expenses 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 or
<br /> Lender shall be entitled to exercise every right provided for in the Credit Agreement or the Related Documents or by law
<br /> upon the occurrence of any event of default, including the right to exercise 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 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 the Property 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 party
<br /> under the Nebraska Uniform Commercial Code.
<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 Credit Agreement and such receipts and evidence of
<br /> expenditures made and secured by this Deed 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 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, sell the Property at the time and place of sale fixed by it in such Notice of Sale,
<br /> either as a whole, or in separate lots or parcels or Items as Trustee shall deem expedient, and in such order as it may
<br /> determine, at public auction to the highest bidder for cash in lawful money of the United States payable at the time of sale.
<br /> Trustee shall deliver to such purchaser or purchasers thereof 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 limitation Trustor, Trustee, or Lender, may
<br /> purchase at such sale.
<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
<br /> the terms of this Deed of Trust or under 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 secured hereby, and (Iii) the remainder, if any, to the person or
<br /> persons legally entitled thereto.
<br /> (c) Trustee may In the manner provided by law postpone sale of all or any portion of the Property.
<br /> Remedies Not Exclusive. Trustee and Lender, and each of them, shall be entitled to enforce payment and performance 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 any lawns 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 held by
<br /> Trustee or Lender, it being agreed that Trustee and Lender, and each of them, shall be entitled to enforce this Deed of Trust and any
<br /> other security now or hereafter held by Lender or Trustee in such order and manner as they or either of them may in their absolute
<br /> discretion determine. No remedy conferred upon or reserved to Trustee or Lender, is intended to be exclusive of any other remedy in
<br /> this Deed of Trust or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given in
<br /> this Dead of Trust or now or hereafter existing 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 Trustee 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 expedient by Trustee or Lender, and
<br /> either of them may pursue inconsistent remedies. Nothing in this Deed of Trust shall be construed as prohibiting Lender from seeking
<br /> a deficiency judgment against the Trustor to the extent such action is permitted by law.
<br /> Election of Remedies. All of Lender's rights and remedies will be cumulative and may be exercised alone or together. If Lender
<br /> decides to spend money or to perform any of Trustor's obligations under this Deed of Trust, after Trustor's failure to do so, that
<br /> decision by Lender will not affect Lender's right to declare Trustor in default and to exercise Lender's remedies.
<br /> Request for Notice. Trustor, on behalf of Trustor and Lender, hereby requests that a copy of any Notice of Default and a copy of any
<br /> Notice of Sale under this Deed of Trust be mailed to them at the addresses set forth in the first paragraph of this Deed of Trust.
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