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o~~o o~ TRUS-r 2 010 0 4 9 4 9
<br />Loan No: 872058071 (Continued) Page 4
<br />the purposa of making, executing, delivering, filing, recording, and Going all other things as rnay he 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 clue, terminates the rrEdit line account, and otherwise performs all the
<br />obligations imposed upon Trtastor under this Deed of Trust, Lender shall exerutrt and deliver to Trustee a request for full recanveyance and
<br />shall execute and deliver to Trustor suitable statements of termination of any financing statern(+nt: on Pilo evidencing Lenric*.r's security
<br />interest in the Rents and the Personal Property. Any reconvcyance fee required by law shall be paid by Trustor, if permitted by applicatJle
<br />law.
<br />EVENTS OF DEFAULT. Trustor will be in default under this Deed of llust if any of the following happen: (A) Trustor commits fraud or
<br />makes a material misrepresentation at any tune in connection with the Credit Agreement. This can include, for example, a false statement
<br />about Trustar's income, assets, liabilities, ar any other aspects of Trustor's financial condition. (t3) Trustor does nrtt rneef the repayment
<br />terms of the Credit Agreemerll. ICI Trustar's action or inacti(Jn adversely affects the collateral ar kender's rights in the r,allaleral. 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, rreatian of a senior lien on the dwelling without Lender's permission,
<br />foreclosure by the holder of another lien, or the use aT funds ctr the dwelling far prohibited purposes.
<br />RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default or,r•.urs under this []ee(1 of 1 rust, at any time thereafter, Trustee or Lender
<br />may exercise any one or more of the fallowing rights and remedies:
<br />Acceleration Upon Default; Additional Remedios. If any Event of Default occurs as per the tetras of the Credit Agreement
<br />secured hereby, lender may clerlare all Indebtedness secured by this Deed of Trust fo he due and payable and the same shall
<br />thereupon becortte due and payabia without any presentrnFent, demand, protest or notice of any kind. Thereafter, Lender rnay:
<br />la) Either in person or by agent, with or without bringing any action or ftroceediny, or by a reraiver appointed 6y a court and
<br />without regard to the adequacy of its security, ertler upon and take possession of the Property, ar any part thereof, in its
<br />own name ar in the name of Trustee, anti da any acts which it deems ner•.essary or desirable to preserve the value,
<br />marketability or rentability of the Properly, or part of the Property or interest in the Property; increase the income irarn the
<br />Property or protect the security of the Property; an(1, with or withotat taking possession of the Property, sue for or otherwise
<br />collErt the rents, issues and profits of the Property, including those past due and unpaid, and api]ly i.he same, less Costs and
<br />expenses of operation and cailer•.tion attorneys' feces, to arty indebtedness secured by this I;]eed of Trust, all in such artier as
<br />Lender may determine. The entering upon and taking possession of the Property, tha collection of such rents, issues and
<br />profits, and the application thereof shall not curet or waive any default ar nol.ir•.e of default under this I]eed of 'Trust or
<br />invalidate any act done in response to such default or pursuant to sucht notice of default; and, nal.withstanding the
<br />continuance in possession of the Proparty or the collection, receipt and application of rents, issues nr profits, Trustee or
<br />Lender shall be entitled to exercise every right provided for in the L'redit Agreement. ar the Related Documents or by law
<br />upon the ocaarrence of any event of defatalt, including the right to exercise the Rower of sale;
<br />(b) Commence an arfian to foreclose this Deed of trust as a m(Jrtyaye, appoint a receiver or specifically enforce any of the
<br />covenants herctof; and
<br />(r,) Deliver to Trustee a written declaration of default and demand for sale and a written notice of default and election to
<br />cause TYustor's interest in the ['raperty to be sold, which notice Trustee shall cause to be duly filed for record in the
<br />appropriate offices of the County in whir•.h the Property is located; and
<br />(d) Witte respect to all ar any part of the Personal Property, Lender shall hava all the rights and remedies of a secured party
<br />under the Nebraska Uniform CUrnmercial Gode.
<br />Foreclosure by Power of Bale. 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 I:he Credit Agreement an(1 such receipts and evidence of
<br />Expenditures made and secured by this [Deed of Trust as Trustee may require.
<br />(al Upon receipt of such notice from Leender, Trustee shall cause to be recor(ied, published and delivered to Trustor such
<br />Notice of Default and Natire of Sale as there required by IoW and by this k)eed of Trust. Trustee shall, wiJ.hout demand on
<br />Trustor, after such time as may than be required by law and after recor(lation of such Notice of Default anti attar 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, pr in separate lots ar parcels or items as Trustea shall deem expedient, and in such order as it may
<br />determine, at public auction to t:he highest bidder far crash in lawful money of the [Jotted States payable at the time of sale,
<br />Trustee shall deliver to such purchaser or purchasers thereof its good and suffir,ient deed or deeds conveying the property so
<br />Bald, but without arty covenant ar warranty, express or implied. T'tte recitals in such deed of any matters or fat'.ts shall 6E
<br />conclusive proof of the truthfulness thereof. Any person, including without IirnitaticJn 1'rustar, Trustee, ar Lender, rnay
<br />purchase at stash sale.
<br />Ib) As may he permitted by law, after deducting ail 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 pracectds of sale to payment of (i) all sums expended trader
<br />the terms of this DeEd of Trust or under the terms of the (credit Agreement oat then repaid, including but oat limited to
<br />accrued interest and late charges, (ii) all other sums t.hr.n secured herekJy, and (iii) the remainder, if any, to the person or
<br />persons legally entitled thereto.
<br />Ic) TrusteE may in the manner provided by IoW postpone sale of all or any portion of the Proparty.
<br />Remedies Not Exclusive. Trustee and Lender, and each of them, shall he entitled 1'o enforce payment and performance of any
<br />indebtedness or obligations secured by this Deed of °TrusY 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 arty laws now ar hereafter in force;
<br />notwithstanding, same or all of such indebtedness and ohligatians secured by this Deed of Trust may now or hereafter be otherwisE
<br />secured, whither 6y mortgage, dead of trust, pledger, lien, assiyrunent or otherwise. Neither the acceptance of this Deed of Trust nor
<br />its enforcement, whether by court action or pursuant to rate power of sale or other powers cantairted in this Deed of Trust, shall
<br />prejudice or in any manner affect Trustee's ar Lender's right. to raalize upon or (enforce any other sec:urify 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 ancJ any
<br />other security now or hereafter held by Lender or Trustee in such artier and manner as they ar aither of them may in their absolute
<br />discretion determine. No remedy r•.onferrad upon or reserved to Trustee or Lender, is intended to he exclusive OF any other remedy in
<br />this Deed of Trust Ur by law provided or permitted, but each shall he cumulative and shall be in addiUOn to Every other remedy given in
<br />this peed of Trust or now or hereafter existing at law or in Equity or by statute. Every paver or comedy c.Jiven by the Credit
<br />Agreement ar any of the Related pacuments to TYustee or Lender or to which either of theca may be otherwise entitled, may be
<br />exercised, concurrently or independently, from tune to time and as oftan as may he deemed expedient by Trustee or Lender, and
<br />Either of them may pursue inconsistent remedies. Nothing in this 17eed of Trust shall be construed as prohibiting l ender Tram 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 ohligatians under this Daed of Trttst, after Trustar's failure to do so, that
<br />decision by Lender will not affect Len<fer'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 any NUt:ire of pefault and a copy of any
<br />Notice of Sale undar this Deed of Trust be mailed to them at the addresses set Earth 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 to recover such sure as the court may adjudge reasonabit: 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 reasonable expenses Lender incurs that in L.ender's opinion are
<br />necessary at any time for the protection of its interest or the enforcement of its rights shall bernme a part of the Indebtedness payable
<br />an demand and shall bear interest at the Credit Agreement corr. 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, L.ertder's attorneys' fees and tender's
<br />r • legal expenses, whether ar not there is a lawsuit, including attorneys' fees and expenses far bankruptcy proceedings (including efforts
<br />to rr~odify or vacate any automatic stay nr injunrtionl, appeals, an(1 any anticipated post-judge--ner-t fCpl~actipr~~e~vfbgs, the cost of
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