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2010086�5
<br />UEED OF TRUST
<br />(Continued}
<br />Page �
<br />�II�NTS OF DEFAULT. Trus6ar wllf k�e in def�utk under this deed of Trust if any c�f the faltaw€ng happen: (A) Tru�tor cammits fraud ar
<br />makes a materlai misrepresenta�on at any time in oonnectlon wlth the Credit Aqreamerrt. This can include, far �xampla, a felse statement
<br />af�out TrusEo�s income, esseta, liabilities, or any other aspects of 7rustar's flnar+cial candition. (B) Trustpr d�ea nat meet the repayment
<br />farms af the Credit Agreerr�r�t. (C) 7tusto�'s actian or inactian actversely affects the collateral ar Lender's rights in the coltateral. TMis
<br />can inolude, for sxample, failure ta maintain reqtttred insut�ence, waste or desWctive use of the dwailing, tailur�e ta pay taxes, deaEh of �tl
<br />persans llable pn the account, transfer ot titla ar s�le crF th� dwefling, creatian af a s�nior lien vn the dwefling without Lender's permission,
<br />fareclasure hy the holder of anvther Ilen, ar the use of funds or the dwelling for prohibited purposas.
<br />RIGHTS AND REMEDlFS QN pEFpULT'. if an �vent ot Default occurg undar this Deed af 7rusf, at any time thereaftar, Trustee 4r L.ender
<br />may exercise any nne nr mqr� af the followirtg rlghts and remedies:
<br />Acaeleratlon Upon Default; Addttional Ramadles. If any �v�nt of [��fauk ocvurs as per the terms pf tha Credit Agreement
<br />secured hereby, l,.ender may derdare all lndebtedness secured by this Daed pf Trust to be due and payable and the sama shait
<br />thereupon bscome duB and payabie withouf any presentment, demand, proteat or notice of any kind. Thereafter, �.ender may:
<br />(a) Elther In persnn or by ager�t, with vr wlthnut bringing any action or proceeding, ar by a recefver appointed by a court and
<br />without regard to the adequacy of iGs security, enter upvn and take posseasion of tt� Properry, ar any part thereof, in its
<br />awn name or in #he name of Trustea, and do arry acts which it deems necessary ar desirable to preserve th� vaEue,
<br />marketability or rentability of the F'roperly, pr part of the Property or in�rest In the property Inarease tt,e incvme tram tr�e
<br />Property or prot�ct #he secutity of the Froperry; and, with or wlthaut taking ppss�ssion of fhe Properky, sue iar or otherwise
<br />collect the rents, issues and pnpfit� pf tMe Prnp�rty, including thnse past due and unpaid, and apply the same, lass costs and
<br />expenses af operatlon �nd cnllection at6vmeys' fees, tv any indebtedness secured by this Deed af Trust, a!I �n such ord�r as
<br />Lend�r may determfne. The antering apori and taking possesslon of the Property, the colfectian of such rer,fs, issues and
<br />profits, and the epplicatian thereof shall not cure ar walve any default or no�ce of deiault under this Deed of Trust or
<br />invalidate any act dcme in response fv such default or pursuant ta such notice of default; artd, notwithstanding titie
<br />cvn{inuance in possession of the Prvperty or the coilectlan, receipt and a�plicatlnn of rertts, issues ar pro�iks, �'rustse or
<br />Lender shal! be enfitied to exercise every rlght provided fvr in the Credit Agreement ar the Refated pocuments or by law
<br />upan th� accurrance of any event of defau�t, including the right to exercise the ppwer af sale;
<br />(b) Commenc.a an actlon tq foredose thfs Deed of Trust as a mortgage, appoint a recelv�r or speoificaily enforce any of the
<br />co�enants h�reof; and
<br />(c) I]efiver to Truatee a written dectaration of deiault and demand fnr ssle and a wrltt�n hotice oi defautk and election to
<br />cavse 7rustor's intBrest in th� Property ta be sold, which natice 7rustee sh�A cause to be duly �i€ed fo� record in the
<br />appropri�te afFices of tha County fn whlch the PropeRy is iocated; and
<br />{d) With respect ta all or any part of the p�rsonal Property, Lender shali hav� all tha rEghts and remedias af a secured party
<br />under tha Nebraska tJnlfam Cvmmerciai Code.
<br />Foraclouure By ppwer of Sala. If Lander elects to foreclose by exercise of the Power of S�is henein cantalned, Lender sha11 natEfy
<br />Truatee and shall depasit with Trust�ie this Daed of Trust and the Gredit Agreemerrt and such recetpts and evidence of
<br />expenditures made and seaired by this C7eed of Truat as 7rustee may requfre.
<br />(a) Upon receipt of such nottce from Lender, Trustee shall cause to be recorded, published and delivered to Trustnr such
<br />No�ice of Default and Notic� of 3ale as then required by law and by thls Aeed af l"rust. Trustee shall, without damand on
<br />7rustar, atter such tim� as may then be r�quired by 4aw and �fter recnrdatlan cafi such Nakice qf pefautt and after Notice of
<br />Sa6e having been g3ven as �equired by law, sel! ihe property at the time ar�d place of sale �ixed by it in such Natioe of Sale,
<br />either as a whnfe, or In separate la#s ar parcels or items as Trustee ahall deem expedient, �nd In sUOh prder as it may
<br />determine, at public �ucHan ta the highest hidder for cash in lawFul maney crF khe United States payabie at the time of safa.
<br />7rustae shall delivar to such purchaser or purchasers there�f its gnad and aufficiar�t deed qt deeds conveying the property sa
<br />sold, but without sny cnvenant or warranty, express or implisd. The recftals in such deed of any matters or facts shail be
<br />conclusive proof of the truthfulness therec�. Any person, including without Iimitation Trustdr, Trustae, or Lender, may
<br />purch�se �t such sai�,
<br />(b) As may be permitted by law, after deducting ail costs, tees and expenses of Trustee snd 4f thi6 71'uSt, Including cpsts pf
<br />evfder�ce of title {n c�nnactian with salo, Trustee shali spply the praoeeda af sale to payment nf (i) aN sums expended un�er
<br />the terms of tf�is Oeeci of Trust or under the terms of the Credit Agreement not then repaid, lnduding but not I€mited to
<br />aca'ued intarest and late charges, (il) all other sums then secured hereby, and (iil) the remainder, it' any, to tha persan pr
<br />persorrs tegaliy entitled therefp.
<br />(c) Trustae may in the manRer provtded by law pns#pane sake of all ar any portian af the Property.
<br />Remedies Not ExclusNre. Trustee and Lendar, and each of th�m, shall be entltled tn enfarce payment anci perCnrmance of any
<br />indebtedness vr obligatlans aec>ured by this qeed o+F Trust and ta exerclse ali rights and pownrs under this I]eed of Trust, under the
<br />Credit Agr�ement, under any af tne Rel�ted Documents, or under any othsr agreement or any laws now or hereaft�r in farce;
<br />n�twlkhstanding, some or ail of such indebtedness and obiigatfons secured by this peed of Trust may now or hereafter b� othewwiae
<br />securecl, whether by mortgage, deed di ttugt, pledge, lien, assignment or otherwise. Neither the aoceptance af this Deed af Trust nor
<br />its enforcement, whether by oourt action or pursuant fo the power af safe or other powerss contained in this Deed of Trust, shall
<br />prejudice ar €n any manner affect Trustee's qr Lende�s right to realize upon or en#oroe any ott�r security now or hereaftar held by
<br />T'rustee or Lender, it being agreed that Trustee and Lander, and each of them, shall be enNtled to enflnrGe #his 17eed af Truat and any
<br />other security nvw or hereafter held by Lsnder ar Trustee in such order and manner as they or eifher of them may in thelr absalute
<br />discrefian determine. No remedy cnMerred upon or reserved to Trustee or Lander, is Intended to be exclusive of any ofher remedy in
<br />this Deed of 7rust or by law prtrvided or permitted, but each �h�p ha cumulat€v� and shall be in adciition to every other remedy given in
<br />this Deed of Trust or now ar hereaFter exi�ting at 1aw ar in equity vr by st�tute. Every pawer ar remedy glven by the Credlt
<br />Agreemerrt a+' any of the Ftelated Dacuments ta Trustee ar I�rtder or to whlch �ither af ihem may be othervvise entltled, may be
<br />exercfsed, cvncurrently or Indeperidently, from tlme ta tim�a and as often as may be desemed exped€er�t by Trustee or Lender, and
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