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20�04�75�
<br />DEED OF TRUST
<br />Loan No: $72058045 (Continued) Page 4
<br />of Trustor and at Trustor's expense. For such purposes, Trustor hareby 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 ba nscessary or desirable, in Lender's
<br />sole opinion, to accomplish the matters referred to in the preceding paragraph.
<br />FULL PERFORMANCE. If Trustor peys 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 executa and deliver to Trustee a request for full reconveyance and
<br />shall sxecute 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 6y Trustor, if permitted by applicable
<br />law.
<br />�VENTS OF DEFAULT. Trustor will 6e in default under this Deed of Trust if any of the fallowing happen: (A) Trustor commits fraud or
<br />makes a material misrepresentativn at any time in connectivn 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. (B) Trustar does not meet the repayment
<br />terms of the Credit Agreement (C) Trustor's action nr 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 nr 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 ar the dwelling for prohibited purposes.
<br />RIGHTS AND REMEDI�S 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 fpllowing 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 Deed of Trust to be due and payable and the same shall
<br />thereupon become due and payable without any presentment, damand, protest or notice of any kind. Thereafter, Lender may:
<br />(a) Either in parson 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, end do any acts which it deems necessary or desirable to preserve the value,
<br />marketa6ility or rentability of tha Property, or part of tha Prnperty or interest in #he Prnperty; increase the incoma from the
<br />Property or protect the security of the Property; and, with or without taking pvssession of the Property, sue for or atherwise
<br />collect the rents, issues end profits of the Property, including those past due and unpaid, and apply the same, less costs and
<br />expenses of operation and collection attvrneys' fees, to any indebtedness secured by this Deed nf Trust, all in such order as
<br />Lender may determine. The entering upnn and taking possession of the Property, the collection of such rents, issues and
<br />profits, and the application therevf shall not cure ar 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 prafits, Trustee or
<br />Lender shatl be entitled to exercise every right provided for in the Credit Agreement or the Related bocumants or by law
<br />upon the occurrence of any evant of default, including the right to exercise the power of sale;
<br />(b) Commence an actipn to foreclose this Deed of Trust as a mortgage, appoint a receiver or specifically enfnrce 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 tv be sold, which notice Trustee shall cause to be duly filed for record in the
<br />appropriate oftices of the County in which the Property is Iocated; and
<br />(d) 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 />�areclosure by Power nf Sale. If Lender alects to foreclose by sxercise of the Power of Sale herein contained, Lender shall notify
<br />Trustee and shall deposit with Trustee this Deed af Trust and the Credit Agreement and such receipts and evidence of
<br />expenditures made and secured by this Deed of 7rust as Trustee mey 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 5ale 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 Natice of �efault 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 5ale,
<br />either as a whole, or in separate Iots or parcels or items as Trustee shall daem expedient, and in such order as it may
<br />determine, at public auction to the highest bidder for cash in lawful maney of the United 5tates payable at the time of sale.
<br />Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient deed or deeds canveying the property so
<br />sold, but without any covenant or warranty, express or implied. The recitals in such deed of any metters 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 6y 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 (i1 all sums expended under
<br />the terms of this Deed of Trust or under #he terms af the Credit Agreement not then repaid, including but not limited to
<br />accrued interest and late charges, (ii) all ather sums then secured hereby, and (iii) the remainder, if any, to the person or
<br />persons legally entitled thareto.
<br />(c) Trustee may in the manner provided by law postpone sale of all or any portion of the Property.
<br />Remedies Not Exclusive. 7rustee and Lender, and each of them, shall be sntitled to anforce payment and performance of any
<br />indebtedness or obligations secured by this Deed of 7rust and to exercise all rights and powers under this �eed of Trust, under the
<br />Credit Agreement, under any of the Related Documents, or under any other agreament or any laws now or hereafter in force;
<br />notwithstanding, some or all af 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 ar 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 beed 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 6eing agreed that Trustee and Lender, and each of them, shsll be entitled to enforce this I7eed of Trust and any
<br />other security now or hereafter held 6y Lender or Trustee in such order and manner as they or either of them may in their a6solute
<br />discretion determine. No remedy conferred upon or reserved to Trustee or Lender, is intended tv be exclusive of any other remedy in
<br />this Deed of Trust or by law provided or parmitted, but each shall be cumulative and shall be in addition to every other remedy given in
<br />this Deed of Trust pr now vr hereafter existing at law or in equity or by statute. Every power or remedy given by tha 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 tima and as aften as may be deemed expedient by 7rustee or Lender, and
<br />either of them may pursue inconsistent remedies. Nothing in this Deed of Trust shall be canstrued as prohibiting Lender from seeking
<br />a deficiency judgment against the Trustor to the extent such action is permitted by law.
<br />�lection of Remedies. All of Lender's rights and ramedies will be cumulative and may �e exercised alone or together. If Lender
<br />decides to spend money or to perform any of Trustor's abligations under this Deed of Trust, after Trustor's failure to do so, that
<br />decision by Lender will not affact 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 capy 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 af this Deed of Trust.
<br />Attorneys' Feas; 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 sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or nat any
<br />caurt activn is involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are
<br />necessary at any time for the protection of its interest or the enforcement of its rights shall became a part of the Indebtedness payable
<br />on demand and shall bear interest at the Credit Agreement rate from the date of #he expenditure until repaid. Expenses covered by
<br />this paragraph include, withoui limitatipn, however subject to any limits under applicable law, Lender's attornays' fees and Lender's
<br />legal expenses, whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings (including efforts
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