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';;` �;: t• r:�;` DE�D OF TRUST 2 01 Q 4 9 211
<br />(Continued) Page 4
<br />to be made, executed ar delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded,
<br />refiled, or rerecorded, as the case may be, at such times and in such o�ces and places as Lender may deem appropriate; any and all
<br />such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statement&, instruments af
<br />further assurance, certificates, and other documents as may, in the sole opinion of Lender, be necessary or desir�ble in order to
<br />effectuate, complete, pertect, continue, or preserve (1) Borrower's and Trustor's obligations under the Credit Agreement, this Deed
<br />of Trust, and the Related �ocuments, and (2) the liens and security interests created by this Deed of Trust on the Property, whether
<br />now owned or hereafter acquired by Trustor. Unless prohiblted by law nr Lender agrees to the cantrary In writing, Trustor shall
<br />reimburse Lender for �II costs and expenses incurred in connection with the matters referred to in this paragraph.
<br />Attomey-in-Fact. 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 purpases, Trustor hereby irrevocably appoints Lender as Trustor's attorney-in-fact for
<br />the purpose of making, executing, delivering, filing, recording, end doing all other things as may be necessary or desirable, in Lender's
<br />sole opinion, to accomplish the matters referred tn in the preceding paragraph.
<br />FULL PERFQRMANCE. If Borrower and Trustor pay all the Indebtedness when due, terminates the credit line account, and Trustor
<br />otherwise perForms all the obligations imposed upon Trustor under this Deed of 7rust, Lender shall execute and deliver to Trustee a request
<br />�.... for full reconveyance and shall execute and deliver to Trustor suitable statements di termin.atipn pf any financing statement on flle
<br />evideticing Lentlers �ecurity interest in the Rents and the Personal Proparty. Any reccnveqpnce fee requtrsd�r�iew sh�ll be by
<br />trustor, if permitted by applicable law. � ' �
<br />@VENT8 OF DEFAULT. Trustor will be in default under this Deed af Trust if any of the following happen: (A) Trustor commits fraud or
<br />makes a material misrepresentation at any time in connectiqn with tha Credit Agreement. This can include, for example, a false statement
<br />about Borrower's or Trustor's income, assets, liabilities, or any pther aspects of Borrower's or Trustor's financial condition. (6) Borrower
<br />does not meet the repayment terms of the Credit Agraement. (C) Trustor's action or inaction adversely affects the collateral or Lender'5
<br />rights in the collateral. This can include, for example, failure to maintain required insurance, waste or destrwctive use af the dwelling,
<br />failure to pay taxes, death of ail persons liable on the account, transfer of title or sale of the dwelling, creation of a senipr lian pn the
<br />dwelling without Lender's permission, foreclosure by the holder of another lien, or the use of funds or the dwelling for prohibited purposes.
<br />RIGWT5 AND REME�IES ON DEFAUL7. 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 following rights and remedies:
<br />Acceleration llpon Default; Additional Remedies. If any Event of pefault occurs as per the terms of the Credit Agreement
<br />secured hereby, Lender may declare all Indebtedness secured by this beed of 1'rust to be due and payable and the same shall
<br />thereupon become due and payable without any presentment, demand, protest nr 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 to the adequacy of its security, enter upon and take possession of the Property, or any part theraof, in its
<br />own name or in the name of Trustee, and dn any acts which it deems necessary or desirable tn 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 protect the security of the Property; and, with nr without taking possession of the Property, sue for or otherwise
<br />collect the rents, issues and proflts of the Property, including those past due and unpaid, and apply the same, less costs and
<br />expenses of operatipn and collection attorneys' fees, to any indebtedness secured by this Desd of Trust, all in such order as
<br />Lender may determine. 7he entering upon and taking possession of the Pcoperty, the collection pf such rents, issues and
<br />profits, and the application thereof shall not cure or waive any default or notice nf 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 nf the Property or the collection, receipt and applicatian 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 qocuments or by law
<br />upon the occurrence of any event of default, including the right to exercise the power of sale;
<br />� (6) Cornrn�nce an aation tu foreciose iiiis Deed af Trust as a^'�ortga�e, appcint s receiver or spacifcally enfores any of the
<br />cavenants 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 />csusa Trustor's interest in the Property to be sold, which notice Trustee shall cause to 6e duly fiied for 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 Personal Property, Lender shall have sll the rfghts and ramadies of a secured party
<br />under the Nebraska Uniform Commercial Gode.
<br />Foreclosure by Power pf 5ale. If Lender elects to foreclose by exercise nf 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 />expenditurea made and secured t�y this Deed of Trust as Trustee may require.
<br />(a) Upon receipt of such notice from Lender, Trustee shall cause to be recarded, published and delivered to Trustor such
<br />Notice of Default and Nptice of Sale as then required by law and by this Deed of 7rust. Trustee shall, without demand on
<br />Trustor, after such time as may then be required by law and after recordatian pf 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 as Trustee shall deem expedient, and in such order as it may
<br />determine, at public auctipn to the highest bidder for cash in lawful money of the United 5tates payable at the time of sale.
<br />Trustee shall deliver ta such purchaser or purchasers thereof its good and sufficient deed or deeds conveying the property sa
<br />sold, 6ut without any covenant or warranty, express or implied. The recitals in such deed of any matters or facts shall be
<br />conclusive proof of the truthfulness thereof. Any person, including without Iimitation Trustor, Trustee, or Lender, may
<br />purchase at such sale.
<br />(b) As may be permittad by law, after deducting all costs, fees and expenses of Trustee and of this 7rust, including costs of
<br />evidence of title in connection with sale, Trustea shall apply the proceeds of sale to payment of (i) all sums expended under
<br />the terms of this Deed af Trust or undsr the terms of the Credit Agreement not then repaid, including but not limited to
<br />accrued interest and late charges, (ii) all pther 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 ali or any portion of the Property.
<br />Rbrn�diaa N�t �xolusive. "Trustee an�' Let�ler; an(f each of'ttierr�y'shail'6�'erTtitTed to"enfarce payment end perfdtmairee "vf any
<br />indebtedness or obligations secured by this Deed of Trust and to exercise all rights and powers under this DeAd of Trust, under the
<br />Credit Agreement, under any of the Related Documents, or under any other agreement or any laws nnw or hereafter In force;
<br />natwithstanding, some or all of such indebtedness and obligations secured by this Dsed of Trust may now or hereafter be otherwise
<br />secured, whether by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed af Trust nor
<br />its enforcement, whether by court action or pursuant to the pawer pf 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 heresfter held by
<br />Trustee or Lender, it being agreed that 7rustee and Lender, and each of them, shall be entitled to enforce this Deed of Trust and any
<br />other security now or hereafter held by Lender or Trustee in such order and manner as they or either of them may in their absolute
<br />discretion determine. No remedy conferred upon or reserved to Trustee or Lender, is intended ta be exclusive of any other remedy in
<br />this Deed of Trust or by law provided or permitted, but each shall be cumulative and shall be in �dditipn to every pther remedy given in
<br />this Dead of Trust or now ar hereafter existing at taw or in equity or by statute. Every power or remedy given by the Credit
<br />Agreement or any of the Related Documents to 1'rustee or L.ender or ta which either pf 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 pf them may pursue inconsistent remedies. Nothing in this Daed of 1'rust shall be construed as prphibiting Lender frpm seeking
<br />a deficiency judgment against the Trustor ta the extent such action is permitted by law.
<br />Elaction of Remedies. All pf 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 1'rustor's obligations under this beed of 7rust, after 7rustor's failure ta do sa, that
<br />decision by Lender will not affect Lender's right to declare Trustor in default and tn exercise Lender's remedies.
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