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Loan No: $72058125
<br />DE�D OF TRUST
<br />IContinued) 2� � 0 0 9 D�� Page 4
<br />of Trustor and at Trustor's expense. �or such purposes, Trustor hereby irrevocably appoints Lender as Trustor's attorney-in-fact for
<br />the purpose of making, executing, delivering, filing, recording, and doing all ather things as may be necessary or desirable, in Lender's
<br />sole opinion, to accomplish the metters referred to in the preceding paragraph.
<br />FULL PERFOFiMANC�. If Trustor pays all the Indebtedness when due, terminatss the credit line accaunt, and otherwise performs all the
<br />obligations imposed upon Trustor under this Deed of Trust, Lender shall execute and deliver to 7rustee a request for full reconveyance and
<br />shall execute 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 6e paid by Trustor, if permitted by applicable
<br />law.
<br />EVENTS OF DEFAULT. Trustor will be in default under this Deed of 1'rust if any of the following happen: (A) Trustor commits fraud or
<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 Trustor'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 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 or 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 or the dwelling for prohibited purposes.
<br />RIGHTS ANQ R�MEDIES ON D�FAULT. If an Event of Default nrr,urs under this deed of Trust, at any time thereafter, Trustee or Lender
<br />may exercise any one or more of th� following rights and remedies:
<br />Acceler�tinn Upon Default; Additional Remedies. If any Event of Default occurs as per the terms of the Credi# Agreement
<br />secured hereby, Lender may declare all Indebtedness secured 6y this Deed of Trust to be due and payable and the same shall
<br />thereupon become due and payable without any presentment, demand, protest or notice of any kind. Thereafter, Lender may:
<br />(a) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court and
<br />without regard #o 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, and do any acts which it deems necessary or desirable tv 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 pratect the security of the Property; and, with or withaut taking possession af the Property, sue for or otherwise
<br />collect the rents, issues snd 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 of Trust, all in such vrder 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 epplication theravf shall not cure or 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 af default; and, notwithstanding the
<br />continuance in possession of the Property or the collection, receipt and application of rents, issues or profits, Trustee or
<br />Lender shall be entitled to exercise every right provided for in the Credit Agreement or the Related Documents ar 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 />covenants hereof; and
<br />(c) DelivBr to Trustee a written declaration of default and demand for sale and a written notice of default and election to
<br />ceuse Trustar's interest in the Property to ba sold, which notice Trustee shall cause to be duly filed for record in the
<br />appropriate offices of the County in which tha Property is Iocated; and
<br />(d) With respect to all or any part of the Psrsonal Property, Lender shall have all the rights and remedies of a secured party
<br />under the Nabraska Uniform Commercial Code.
<br />Foreclosure by Power of Sale. If Lender elects to foreclose by exsrcise 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 Deed of Trust as 7rustee may require.
<br />(a) Upon receipt of such notice from l.ender, Trustee shall cause to be recorded, published and delivered to ?rustor such
<br />fVotice of Default and Notice of Sale 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 Notice of Default 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 Sale,
<br />either as a whole, or in separate lots or 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 lawful money of the United States payable at the time of sale.
<br />Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient deed or deeds conveying the property so
<br />snld, but without any covenant or warranty, express or implied. The recitals in such deed of any matters or facts shall be
<br />conclusive proof vf the truthfuln�ss thereof. Any person, including without limitation Trustor, Trustee, or Lender, may
<br />purchase et such sale.
<br />(b) As may be permitted by law, after deducting all costs, fees and expenses of Trustae and of this Trust, including costs of
<br />evidence of title in connection with sale, Trustee shall apply the proceeds of sale tv payment of (i) all sums expended under
<br />the terms of this Deed of Trust or under the terms af the Credit Agreement not then repaid, including but not limited to
<br />accrued interest and late charges, (ii) 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 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 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 ❑eed of Trust, under the
<br />Credit Agreement, under any of tha Related Dncuments, 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 �eed of Trust may now or hereafter be otherwise
<br />secured, whether by mnrtgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor
<br />its enforcement, whether by caurt action or pursuent to the power of sale or other powers contained in this Deed of Trust, shall
<br />prejudica 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 />Truatee or Lender, it being egreed that Trustee and Lender, and each of them, shall be entitled to enforce this Deed of 7rust and any
<br />other security now or hereafter held by Lander or Trustee in such order and manner as [hey 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 exclusive of any othar remedy in
<br />this peed of Trust or by law provided or permittad, but each shall be cumulative and shall be in addition to avery other remedy given in
<br />this Daed of Trust or now or hereafter existing at law or in equity or by statute. Every power or remedy givan by the Credit
<br />Agreement or any of the Related Documents to Trustee or Lender or tv which either of them may be otherwise entitled, may be
<br />exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Trustee or Lender, and
<br />either of them may pursue inconsistent remedies. Npthing in this Deed of Trust shall be construed as prohibiting Lender from seeking
<br />a defioiency judgment agsinst the Trustor to the extent such action is permitted by law,
<br />Electian of Remadies. 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 Trustar's obligations under this Deed of Trust, after Trustor's failure to do so, that
<br />decision by Lender will not affect Lender's right to declare Trustor in default and ta exercise Lender's remedies.
<br />Request for Notice. Trustor, on behalf of Trustnr and Lender, hereby requests that a copy of any Notice of �efault and a copy of any
<br />Notice of 5ale under this Deed of Trust be mailed to them at the addresses set 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 beed of Trust, Lender shall be
<br />entitled to racover such sum as the court may adjudge reasonable as attomeys' fees et 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 Lender's opinion are
<br />necessary at any time for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable
<br />on demand and shell bear interest at the Credit Agreement rate from the date of the expendi; rg unti� �epaid. Exqenses covered by
<br />this paragraph include, withnut limitation, however subject to any limits under applica6le law; �eYider s a'tto�neys' fees and Lender's
<br />legal expenses, whether vr not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings (including efforts
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