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DEED OF TRUST c� Q 1 � O � , 7 4
<br />Loan No: 4019754 (Continued) Page 5
<br />Attorney-in-Faat. 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 I..ender 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 desirak�le, in Lender's
<br />sole opinion, to accomplish the matters referred to in the preceding paragraph.
<br />FULL PEHFORMANCE. If Trustor pays all the Indebtedness when due, terminates the credit line account, and ntherwise performs all the
<br />obligations imposed upon Trustor under this �eed of Trust, Lender shall execute and deliver to Trustee a request for full reconveyance and
<br />shall execute and deliver to 7rustor suitable ststemants of termination of any financing statament vn 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 DEF/�UL7. Trustor will be in default under this Deed of Trust if any pf the following happen: (A) Trustor commits fraud ar
<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 7rustor's financial condition. (B) 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 cpllateral. 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, transter of title or sale of the dwelling, creation of a senior lien on the dwelling without Lander's permission,
<br />foreclosure hy the holder of another lien, or the use of funds or the dwalling for prohibited purposes.
<br />RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default nccurs under this Deed of Trust, at any time thereafter, Trustee or �.ender
<br />may exercise any one or more of the following rights and remedies:
<br />Acceleration Upon Default; Additional Remedias. If any Event of Default accurs as per the terms of the Credit Agreement
<br />secured hereby, Lender may declare all Indebtedness secured 6y this Deed of Trust to be due and payabls and the same shall
<br />thereupnn become due and payable without any presentment, demand, protest or notice of any kind. Thareafter, Lender may:
<br />la► Either in person or by agent, with or withput bringing any action or proceeding, or by a receiver appointed by a court and
<br />without regard tp the adequacy of its sscurity, 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 nscessary or desirable to preserve the value,
<br />marketability or rentability of the Property, or part pf the Property or interest in the Property; increase the income from the
<br />Prnperty or protect the security of the Property; and, with or withqut taking ppssession 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 collectipn af such rents, issues and
<br />profits, and the application thereof shall not cure or waive any default or notice of default under this D�ed of Trust or
<br />invslidate any act done in response to such default or pursuant to such notice of default; and, notwithstanding the
<br />continuance in pd�lnn of'�kr°°Prc►p�Ky qr tha caleotJap, c�lpt ��ppFioatian of rew�te, isauea or profits, Trwstee w
<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 />cpvenants hereof; and
<br />(c) Deliver to Trustee a written declaratipn of default and demand for sale and a written notice of default and election to
<br />cause Trustor's interest in the Prpperty to be sold, which natice Trustse shall cause to be duly filed fnr 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 Perspnal Property, Lender shall hava 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 Desd of Truat as Trustee 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 Default and Notice of Sale as then required by law and by this Deed of Trust. Trustee shall, without demand on
<br />7rustor, after such time as may then be required by law and after recordation af such Notice of Defeult and aher 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 Sala,
<br />either as a whole, or in separate lots pr parcels or items es Trustee shall deem expedient, and in such order as it may
<br />determine, at public auction to the highest bidder for cash in lawtul money of the United 5tates payable at the time af sale.
<br />Trustee shall deliver to such purchaser pr purchasars therepf its gaod 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 6e
<br />conclusive proof of the truthtulness thereof. Any person, including without limitation Trustor, Trustee, or Lender, may
<br />purchase at such sale.
<br />(b) As may ba permitted by law, after deducting all costs, fees and expenses of Trustee and of this Trust, including costs of
<br />evidence of title in cpnnection 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 npt 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 />persons legally entitled thereto.
<br />(c) Trustee may in the manner prpvided by law postpone sale of all or any portipn of the Property.
<br />Remedies Nqt Exclusive. Trustee and Lender, and each pf them, shall be entitled to enforce payment and performance of any
<br />indebtedness or o6ligations secured by this Deed of Trust and to exercise all rights and powers under this Deed of 7rust, under the
<br />Gredit Agreement, under any nf the Related Documents, or under any other egreement or any laws now or here�fter in force;
<br />nptwithstanding, some or all of such indebtedness and obligations secured by this Deed of Trust may nnw nr hereafter be otherwise
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