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DEED OF TRUST 2 U 12 0 0 6'7 G <br />Loan No: 101248801 (Continued) Page 3 <br />interest at the rete charged under the Credit Agreement from the date incurred or paid by Lender to the dete of <br />repayment by Truator. All auch expenses will become a part ot the Indebtedness and, at Lender's option, will (A) be <br />peyeble on demand; (B) be edded to the balance of the Credit Agreement and be apport[oned emong end be peyable <br />with any installment peyments to become due during either (1) the term of any epplicable insurance policy; or (2) the <br />remaining term of the Credit Agreement; or (C) be treated es a belloon payment which will be due and payable et the <br />Credit Agreement's maturity. <br />WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Deed <br />of Trust: <br />Title. Trustor warrants thet: ia) Trustor holds good and marketeble title of record to the Property in fee simple, <br />free end clear of all liens and encumbrances other than those set forth in the Real Property description or in the <br />Existing Indebtedness section below or in any title insurance policy, title report, or final title opinion issued in favor <br />of, and accepted by, Lender in connection with this Deed of Trust, and (b) Trustor has the full right, power, and <br />authority to execute and deliver this Deed of Trust to Lender. <br />Defense of Title. Subject to the exception in the paragreph ebove, Trustor warrants and will forever defend the <br />tit►e to the Property against the lawful claims of all• peraons. <br />EXISTINO INDEBTEDNESS. The following provisions concerning Existing Indebtedness are a part of this Deed of Trust: <br />Exisdng Lien. The lien of this Deed of Trust securing the Indebtedness may be aecondary and inferior to an <br />existing lien. Trustor expressly covenants and agrees to pay, or see to the payment of, the Existing Indebtedneas <br />and to prevent eny defeult on such indebtedness, any defeult under the instrumenta evidencing such indebtedness, <br />or any default under eny security documents for such indebtednesa. <br />EVENTS OF DEFAULT. Trustor will be in default under this Deed of Trust if any of the following happen: (A1 Trustor <br />commits freud or makes a material misrepresentation at any time in connection with the Credit Agreement. This cen <br />include, for example, a felse statement about Trustor's fncome, assets, liabilities, or any other aspects of Trustor's <br />financiel condition. (B) Trustor does not meet the repayment terms of the Credit Agreement. (C) Trustor's action or <br />inaction edversely effects the collateral or Lender's rights in the collateral. This can include, for example, feilure to <br />maintein required insurance, waste or destructive use of the dwelling, failure to pay texes, death of all persons liable on <br />the account, trensfer of title or sale of the dwelling, creation of a senior lien on the dwelling without Lender's <br />permission, foreclosure by the holder of enother Ilen, or the use of funds or the dwelling for prohibited purposes. <br />RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Event of Default under any indebtedness, or <br />should Trustor fait to comply with any of Trustor's obligations under thia Deed of Trust, Trustee or Lender may exercise <br />any one or more of the following rights and remedies: <br />Acceleratlon Upon Dafault; Additional Remedies. If eny Event of Default occurs as per the terms of the Credit <br />Agreement secured hereby, Lender may declare ell Indebtedness secured by this Deed of Trust to be due and <br />payable and the same shell thereupon become due and payable without eny presentment, demend, protest or <br />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 <br />eppolnted by a court and without regerd to the adequacy of its security, enter upon and take possession <br />of the Property, or any part thereof, in its own name or in the neme of Trustee, and do any acts which it <br />deems necessary or desirable to preserve the value, marketability or rentability of the Property, or part of <br />the Property or interest in the Property; increese the income from the Property or protect the security of <br />the Property; and, with or without taking possession of the Property, sue for or otherwise collect the <br />rents, issues and profita of the Property, including those past due and unpaid, and apply the seme, less <br />costs end expenses of operatiort and collectfon attorneys' fees, to any Indebtedness securad by this Deed <br />of Trust, all in such order as Lender may determine. The entering upon and taking possession of the <br />Property, the collection of such rents, issues and profits, and the applicatfon thereof shell not cure or <br />waive any default or notice of defautt under this Deed of Trust or invalidate any act done in response to <br />such default or pursuant to such notice of default; and, notwithstanding the continuence in possession of <br />the Property or the collection, receipt end application of rents, issues or profits, Trustee or Lender shall <br />be entitled to exercise every right provided for fn the Credit Agreement or the Related Documents or by <br />taw 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 es a mortgage, appoint a receive� or specificelly <br />enforce any of the covenants hereof; and <br />(c) Deliver to Trustee a written declaration of default and demand for sale and a written notice of default <br />and election to cause Trustor's interest in the Property to be sold, whfch notice Trustee shall cauae to be <br />duly filed for record in the appropriete offices of the County in which the Property is loceted; and <br />(d) With respect to all or any part of the Personal Property, Lender shall have all the rights end remedies <br />of a secured perty under the Nebraske Uniform Commerciel Code. <br />Foreclosure by Power of Sale. If Lender elects to foreclose by exercise of the Power of Sale herefn contained, <br />Lender ahell notify Trustee and shall deposit with Trustee this Deed of Trust and the Credit Agreement and <br />such receipts end evidence of expenditures made and secured by this Deed of Trust as Trustee may require. <br />