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DEED OF TRUST 2 010 0 9 4 4 i
<br />Loan No: 872058133 (Continued) Page 4
<br />such mortgages, daeds of trust, security deeds, security agreements, financing statement5, continuation statements, instruments of
<br />further assurance, certificates, and othar documents as may, in the sole opinion of Lender, be necessary or desirable in order to
<br />effectuate, complete, perfac#, continue, or preserve (1 � Borrower's and Trustor's obligations under the Credit Agreement, this Deed
<br />of Trust, and the Related Documents, and (2) tha liens and security interests created by this Deed ot Trust on the Property, whether
<br />now owned or heraefter acquired by Trustor. Unless prnhibited by law or Lender agrees to the contrary in writing, Trustor shall
<br />reimburse Lender for all costs and expenses incurred in connection with the matters referred to in this paragraph.
<br />Attorney-in-Fact. If Trustar fails to do any of the things referred to in the preceding paragraph, Lender may da so for �nd in the name
<br />of Trustor and at Trustor's sxpense. For such purposes, Trustor hereby irrevncably appoints Lender as Trustnr's attorney-in-fact for
<br />the purpose of making, executing, delivering, filing, recording, and doing all other things as may be necessary nr desirable, in Lender's
<br />sole opinion, to accomplish the matters referred to in the preceding paragraph.
<br />FULL PERFORMANCE. If Barrower and Trustor pay all the Indebtedness when due, terminates the aredit line account, and 7rustor
<br />otherwise performs all the obligations imposed upon Trustor under this Deed of Trust, Lender shell execute and deliver to Trustee a request
<br />for full reconveyance and shall execute and deliver to Trustor suitable statements of termination af any financing statement on file
<br />evidencing Lender's security interest in the Rents and the Personal Property. Any reconveyance fee required by law shall be paid by
<br />Trustor, if permittad by applicable law.
<br />EVENTS OF P�FAULT. Trustor will be in default under this beed nf Trust iF any of the following happen: (A) Trustor commits fraud or
<br />makes a material misrepresentativn at any time in connection with the Credit Agreement. This can include, for example, a false statement
<br />about Borrower's or Trustor's income, assets, liabilities, or any other aspects of Borrower's or Trustor's financial condition. (B) Bnrrower
<br />does not meet the repayment terms of the Credit Agreement. (C) 7rustor's action ar inaction edversely affects the collateral or Lender's
<br />rights in the collateral. This can include, for example, failure to maintain required insurance, waste or destructive use of the dwelling,
<br />failure to pay taxes, death of all persvns liable nn the account, transfer of title or sale of the dwelling, creation of a senior lien on the
<br />dwelling withaut Lender's permission, foreclosure by the holdar of another lien, vr the use of Funds or the dwelling for prohibited purposes.
<br />RIGHTS ANb REMEDIES ON DEFAULt. If an Event of Default vccurs under this beed of Trust, at any time thereafter, Trustee or Lender
<br />may exercise any one or more of the following rights and ramedies:
<br />Accelaration Upon Default; Additional Remedies. If any Event of Default occurs as per the terms of the Credit Agreement
<br />secured hereby, Lender may declare all Indebtedness secured by #his Deed oP Trust to be due and payable and the same shall
<br />thereupon become due and payable without any presentment, damand, protest or natice of eny kind. Thereafter, Lender may:
<br />(a) Either in person or by agent, with ar without bringing any action or proceading, ar by a receiver appointed by a court and
<br />without regerd to the adequacy of its security, enter upori end take possession of the Prvperty, or any part thereof, in its
<br />own name or in the name af Trustee, and do any acts which it deems necessary or desirable to preserve the value,
<br />marketability or rentability of tha 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 or without taking possession of the Property, sue for or otherwise
<br />collect the rents, issues and profits of the Prvperty, including those past due and unpaid, end 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 collection of such rents, issues and
<br />prafits, and the application thereof shall not cure or waive any default or nvtice of default under #his Deed of Trust or
<br />invalidate any act done in response to such detault or pursuant t� such notice of default; and, notwithstanding the
<br />continuance in possession of the Property or the collection, receipt and application of rents, issues or profits, 7'rustse or
<br />Lender shall be entitled to exercise every right prvvided for in the Credit Agreement or the Related Documents or by law
<br />upon the occurrence af any event of default, including the right to exercise tFre pawer nf sate;
<br />(b) Cammence an action to foreclose this beed of Trust as a mortgage, appoint a receiver or specifically enforce any of the
<br />covenants hereaf; 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 to be sold, which notice T'rustee shall cause tn be duly filed for record in the
<br />appropriate offices of the County in which the Property is located; and
<br />(d) With rsspect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party
<br />under the Nebraska Unitorm Commercial Code.
<br />Foreclosure hy Power af Sale. If Lender alects to foreclose by exercisa of the Power of Sale herein contained, Lender shall notify
<br />Trustes and shall deposit with 7'rustee this beed nf Trust and the Credit Agreement and such receipts and evidence of
<br />exp�nditures made end secured by this Deed of 7rust as Trustee may require.
<br />(a) Upon receipt of such notice from Lender, Trustee shall ceuse to be recorded, published and delivered to Trustor such
<br />Notice of Dafault and Notica of Sale as then required by law and by this Deed of Trust. Trustee shall, without demand on
<br />Trustor, after such tima as may then be required by law and after recordation of such Notice of Default and after Notice of
<br />5ale 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 auction to the highest bidder for cash in lawful money of the United States payable at the time af sale.
<br />Trustee shell deliver tv such purchaser or purchasers thereaf its good and sufficient deed or deeds canveying the property so
<br />sold, but without any envenant or warranty, express or implied. The recitals in suah deed of any metters or facts shall be
<br />conclusive proof of the truthfulness thereof. Any person, including without limitation Trustor, Trustee, ar Lender, may
<br />purchase at such sale.
<br />(b) As may be permitted by law, after deducting all costs, fees and expenses of 7rustee and of this Trust, including costs of
<br />evidence of title in connection with sale, 7rustee 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 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 thereta.
<br />(c) Trustee mey in the manner provided by law postpone sale of all or any portion of the Property.
<br />Remedies Nat Exclusive. Trustee and Lender, and each of them, shall be entitled to enforce payment and performance of any
<br />indebtedness or obligations secured by this beed of Trust and to exercise all rights and powers under this Deed of Trust, under the
<br />Credit Agreement, under any of the Related Documents, 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 pesd 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 of Trust nvr
<br />its enforcement, whether by court action or pursuant to the power of sele or other powers contained in this Deed of Trust, shall
<br />prejudice or in any manner effect Trustee's or Lender's right to re�lize upon ar enforce any other security now or hereafter held by
<br />Trustee or Lender, it being agreed that Trustee and Lender, and each of them, shall be entitled to enfnrce this beed of Trust and any
<br />other security nnw or hereafter held 6y Lender or Trustee in such vrder and manner as they or either of them may in their ebsolute
<br />discretion datermine. No remedy canferred upon or reserved to 1"rustee or Lender, is intended to be exclusive of any vther remedy in
<br />this Deed of Trust or by law provided or permitted, but eact� shall be cumulative and shall be in addition to every other remedy given in
<br />this Deed of Trust or now ar hereafter existing at law or in equity or by s#atute. Every power or remedy given by the 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, concurrsntly or independently, from time to time and as often as may be deemed expedient by 7rustee or Lender, and
<br />either of them may pursue inconsistent remedies. Nothing in this beed of Trust shall b� construed as prohibiting Lender frnm seeking
<br />a deficiency judgment against the Trustar to the extent such action is permitted by law.
<br />Electian of Remedies. All of Lender's rights and remedies will �e cumulative and may be exercised alone or together. If Lender
<br />decides to spend money or to perform any of Trustor's obligations under this Deed of Trust, after Trustor's failure to da so, that
<br />decision by Lender will nat affect 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 copy vf any Notice nf Default and a capy of any
<br />Notice of Sale under this Deed of Trust be mailed to them at the addresses set forth in the first paragraph .of� Chis Deed of Trust.
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