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o~~o o~ -TRUST 2 010 0 317 3
<br />Loan Na: 0872057955 (Continued) Page 4
<br />FULL PERFORMANCE. If Truster pays all the Indebtedness when clue, terminates the credit line account, and otherwise performs all the
<br />obligations imposed upon Trustor under this Ueed of Trust, Lender shall execute and deliver to Trustee a request for full reconveyanca and
<br />shall execute and deliver to Truster suitable statements of termination of any financing statement on file evidenciny Lender's security
<br />interest in the Rents and the Personal Property. Any reconveyanca fee required by law shall be paid by Trustor, if permitted by applicable
<br />law.
<br />EVENTS OF DEFAULT. Trustar 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 cannectian with the Credit: Agreement. This ran include, for example, a false stafernent
<br />about Trustor's income, assets, liabilities, or any other aspects of Trustor's financial condition. (l3) Trustor does not meat the repayment
<br />terms of the Credit Agreement. IC- Trustor's action or inaction adversely affects the collateral or t.ertder's rights in the collateral. This
<br />can include, for example, failure to maintain required insurance, waste or destructive use of the rJweiling, failure to pay faxes, 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 6y 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 Ueed 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, Lander may declare all Indebtedness secured by this ^eed of Trust to be due and payable and the same shall
<br />thereupon became due and payable without any presentment, demand, protest ar notice of any kind. Thereafter, Lander may:
<br />(al Either in person or by agent, with or without bringing any artivn 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 rtarne of Trustee, and do any ar•.ts which it deems necessary ar 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 ar without takiny 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 ar notice of default under this Ueed of Trust ar
<br />invalidate any act done in response to such default or pursuant io sur•.h 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 yr
<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 Sala;
<br />Ib- Commence an action to foreclose this heed of Trust as a mortgage, appoint a receiver or specifically enforce any of the
<br />covenants hereof; and
<br />Ic) 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 Bald, which notice Trustee shall cause to 6e duly filed for record in the
<br />appropriate offices of the County in which the Property is located; and
<br />Id- With respect to all ar 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 6y Power of Sale. If Lender elects to foreclose by exercise of the Power of Sala herein contained, Lender shall notify
<br />Trustee and shall deposit with Trustee this Deed of Trust and the Credit Agreerrrent and such receipts and evidence of
<br />expenditures made and secured by this Dead of Trust as `f rustee may require.
<br />la) Upon receipt of such notice from Lender, Trustee shall cause to be recorded, published and delivered to Trustor such
<br />Notice of befault and Notice of Sale as then required by law and by this Deed of Trust. Trustee shall, without dernartd an
<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, call 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 payahle at the time of sale.
<br />Trustee shall deliver to such purchaser or purchasers thereof its good and srrrficiant 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 ar facts sftall be
<br />conclusive proof of the truthfulness thereof. Any person, including without limitation Trustor, 'Trustee, or lender, Wray
<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 Burns expended under
<br />the terms of this Daed of l'rust ar under the terms of the Credit Agreement not then repaid, including but not limited to
<br />accrued interest and late charges, lii- all other sums then secured hereby, and (iii) the remainder, if any, to the person or
<br />parsons legally entitled thereto.
<br />Ic- Trustee may in the manner provided by law postpone sale of all ar any portion of tfte 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 unrJer this Geed of Trust, under the
<br />Credit Agreement, under any of the Related Documents, or under any other agreement or any laws now or hereafter in force;
<br />notwithstanding, some or all of such indebtedness and obligations secured by this Ueed of 7'rt.rst may now or hereafter be otherwise
<br />secured, whether by mortgage, deed of trust, pledge, lien, assignment ar otherwise. Neither the acceptance of this Ueed of Trust nor
<br />its enforcement, whether by court action or pursuant to the power of sale or other powers contained in this feed 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 artier 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 exciuslve 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 Geed 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 ar Lender nr to which either of them may be atherwise entitled, may be
<br />exercised, concurrently or independently, Pram time to lime 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 Trustar to the extent such action is permitted by law.
<br />Election of Remedies. All of Lender's rights anrJ remedies will k.~e cumulative and may be exercised alone ar together. If lender
<br />decides to spend money or to perform any of Trustor's obligations under this Deed of Trust, after Truster's failure to do so, that
<br />decision by Lander will not affect lender's right to declare Trustor in default and to exercise L.ender's remedies.
<br />Request for Notice. Trustor, on behalf of Trustor and Lender, hereby requests that a copy of arry Natire of Default and a atpy of any
<br />Notice of Sale under this Deed of Trust be mailed to them at the addresses sat forth in the first paragraph of this Deed of Trust.
<br />Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Deed of Trust, Lender shall be
<br />entitled tv recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any
<br />court action is involved, and to the extent not prohibited by law, all reasonahle expenses Lender incurs that in k.enrJer's opinion are
<br />necessary at any time far the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable
<br />on demand and shall bear interest at the Credit Agreerrrent rate from the date of the expenditure until repaid. Expenses covered by
<br />this paragraph include, without limitation, however subject to any limits under applicable law, tender's attorneys' fees and lender's
<br />legal expenses, whether or not there is a lawsuit, including attorneys' foes and expenses for bankruptcy proceedings (including efforts
<br />to modify or vacate any automatic stay or injunctionl, appeals, and any anticipated past-judgment collection services, the cost of
<br />searching records, obtaining title reports (including foradosure reports, surveyors' reports, and appraisal fees, title insurance, and
<br />fees for the Trustee, to the extent permitted by applicable law. Trustor also will pay any court costs, in addition to all other sums
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