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DEED OF TRUST 2 Q 110 � f��
<br />(Continued) Page 4
<br />FULL PERFORMANCE. If Trustor pays all the Indebtedness when due, terminates the credit line account, and othervvise performs all the
<br />obligations imposed upon Trustor under this Deed of Trust, Lender shall execute and deNver to Trustee a request for full reconveyance and
<br />shall execute and deliver to Trustor suitable statements of termination of any financing statement on flle evidencing Lender's security
<br />interest in the Rents and the Personal Property. Any reconveyance fee required by law shall be paid by Trustor, if permitted by applicable
<br />law.
<br />EVENTS OF DEFAULT. Trustor will be in default under this Deed of Trust if any of the following happen: (A) Trustor commits fraud or
<br />makes a material misrepresentation at any time in connecfion witfi the Credit Agreement. This can include, for example, a faise 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 (iable 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 iien, or the use of funds or the dweiling for prohibited purposes.
<br />RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this beed of Trust, at any time thereafter, Trustee or Lender
<br />may exercise any one or more of the foliowing rights and remedies:
<br />Acceleration Upon Default; Additlonal Remedies, If any Event of Defaulf occurs as per the terms of the Credit {�greement
<br />secured hereby, Lender may declare all Indebtedness secured by this Deed of Trust to be due and payable and the same shall
<br />thereupon bacome 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 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, and do any acts which it deems necessary or desirable to preserve the value,
<br />marketabifity 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 or without taking possession of fhe Property, sue for or otherwise
<br />collect the rents, issues and profits of the Property, including those past due and unpaid, and apply the same, less costs and
<br />expenses of operation and collection attomeys' 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, tfie collection of such rents, issues and
<br />proflts, and the application thereof shall not cure or waive any default or notice of defauit under this Deed of Tn�st or
<br />invalidate any act done in response to such default or pursuant to such notice of default; ��a�d,_,notwithstanding the
<br />continuance in possession of the Property or the collection, receipt and application of rents, 1s ues or profits, Tnustee or
<br />Lender shall be entiffed to exercise every right provided for in the Credit Agreement or the Rel�ted Documents or 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 Yhe
<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 to be so(d, which notice Trustee shall cause to be duly filed 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 all the rights and remedies of a secured party
<br />under the Nebraska Uniform Commercial Code.
<br />Foreclosure by Power of Sale. If Lender elects to foreclose by exercise of tfie 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 Trustee may require.
<br />(a) Upon receipt of such notice from Lender, Trustee shall cause to be recorded, published and defivered to Trustor such
<br />Notice of Default and Notice of Sale as then required by law and by this Deed of Trust. 7rustee 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 flxed 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 of sale.
<br />Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient deed or deeds conveyfng the property so
<br />sold, but without any covenartt or warranty, express or implied. The recitals in such deed of any matters or facts shaU 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 by 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 appiy 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 Iegally ent3tled thereto.
<br />-- (c) Trustee may in the manner provided by law postpone sale of all or any portion of the Property.
<br /> �i Remedies Not Exclusive. Trustee and Lender, and each of them, shall be antitled to enforce payment and performance of any
<br />-- indebtedness or obligations secured by this Deed 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 /> _= nofwithstanding, some or a(I of such indebtedness and obligations secured by this Deed of Trust may now or hereafter ba otherwise
<br />secured, whether by mortgage, deed of trust, pledge, lien, assignment or otherwlse, Neither the accQpfance of tht� Deed of Trust nor
<br /> == its enforcement, whether by court action or pursuant to the power of sale or other powers contained in this Deed of Trust, shall
<br /> s 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 being agreed that Trustee and Lender, and each of them, shall be entltled 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 to 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 addition to every other remedy given in
<br />lhis Deed of Trust or now or hereafter existing at law or in equity or by statute. 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 entiNed, 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. Nothing in this Deed of Trust shall be construed as prohibiting Lender from seeking
<br /> � a deficiency judgment against the Trustor to the extent such action is permitted by law.
<br />_ Election of Remedies. All of Lertder's rights and remedies will be cumulative and may be exercised alone or together. If Lender
<br />— decides to spend money or fo perform any of Trustor's obligatlons under this Deed of Trust, after Trustor's faiNre to do so, that
<br />— decision by Lender will not affect Lender's right to declare Trustor in defauit and to exercise Lender's remedies.
<br /> � Requsst for Notice. Trustor, on behaff of Trustor and Lender, hereby requests that a copy 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 of this Deed of Trust.
<br /> __= Attomeys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Deed of Trust, Lender shali be
<br />-- entitled to recover such sum as the court may adjudge reasonable as attomeys' fees at trial and upon any appeal, Whether or not any
<br /> � court action is involved, and to the wctent not prohibited by law, ali reasonabte 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 shall bear interest at the Credit Agreement rate from the date of the expenditure until repaid. Expenses covered by
<br /> � this paragraph include, without limitation, however subject to any (imits under applfcable law, Lender's attomeys' fees and LendePs
<br />Iegal expenses, wF�ether or not there is a lawsuit, including attomeys' fees and expenses for bankruptcy proceedings (including efforts
<br /> -- to modify or vacate any automatic stay or injunction), appeals, and any anticipated post judgmenf coflection services, the cost of
<br /> __ searching records, obtaining title reports {inc(uding foreclosure reports), surveyors' reports, and appraisal feas, title insurance, and
<br /> -- fees for the Trustee, to the extent permitted by applicable law. Trustor also will pay any court costs, in addition to all other sums
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