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. � .; <br />.. , . . .. . �. K� a:. <br />Loan No: 101250079 <br />DEED OF TRUST <br />(Continued) <br />2012020�� <br />Page 3 <br />of repayment by Trustor. All such expenses will become a part of the Indebtedness and, at Lender's option, will (A) <br />be payable on demand; (B) be added to the balance of the Credit Agreement and be apportioned among and be <br />payable with any installment payments to become due during either (1) the term of any applicable insurence policy; or <br />(2) the remaining term of the Credit Agreement; or (C) be treated as a balloon peyment which will be due and payable <br />at the 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 that: (a) Trustor holds good and marketable title of record to the Property in fee simple, <br />free and clear of all liens and encumbrances other than those set forth in the Real Property description or in any <br />title insurance policy, title report, or final title opinion issued in favor of, and accepted by, Lender in connection <br />with this Deed of Trust, and (b) Trustor has the full right, power, and authority to execute and deliver this Deed of <br />Trust to Lender. <br />Defense of Title. Subject to the exception in the paragraph above, Trustor warrants and will forever defend the <br />title to the Property against the lawful claims of all persons. <br />EVENTS OF DEFAULT. Trustor will be in default under this Deed of Trust if any of the following happen: (A) Trustor <br />commits fraud or makes a material misrepresentation at any time in connection with the Credit Agreement. This can <br />include, for example, a false statement about Trustor's income, assets, liabilities, or any other aspects of Trustor's <br />financial condition. (B) Trustor does not meet the repayment terms of the Credit Agreement. (C) Trustor's action or <br />inaction adversely affects the collateral or Lender's rights in the collateral. This can include, for example, feilure to <br />maintain required insurance, waste or destructive use of the dwelling, failure to pay taxes, death of all persons liable on <br />the account, transfer 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 another lien, 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 fail to comply with any of Trustor's obligations under this Deed of Trust, Trustee or Lender may exercise <br />eny one or more of the following rights and remedies: <br />Acceleration Upon Default; Additional Remedies. If any Event of Default occurs as per the terms of the Credit <br />Agreement secured hereby, Lender may declare all Indebtedness secured by this Deed of Trust to be due and <br />payable and the same shall thereupon become due and peyable without any presentment, demand, 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 e receiver <br />appointed 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 name 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; increase 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 profits of the Property, including those past due and unpaid, and apply the same, less <br />costs and expenses of operation and collection attorneys' fees, to any indebtedness secured 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 application thereof shall not cure or <br />weive any default or notice of default 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 continuance in possession of <br />the Property or the collection, receipt and application of rents, issues or profits, Trustee or Lender shall <br />be entitled to exercise every right provided for in the Credit Agreement or the Related Documents or by <br />law upon the occurrence of any event of default, including the right to exercise the power of sele; <br />(b) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver or specifically <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 ceuse Trustor's interest in the Property to be sold, which notice Trustee shail cause to be <br />duly filed for record in the appropriate offices of the County in which the Property is located; and <br />(d) �th respect to all or any part of the Personal Property, Lender shall have all the rights and remedies <br />of a secured party under the Nebraske Uniform Commercial Code. <br />Foreclosure by Power of Sale. If Lender elects to foreclose by exercise of the Power of Sale herein contained, <br />Lender shall notify Trustee and shall deposit with Trustee this Deed of Trust end the Credit Agreement and <br />such receipts and evidence of 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 delivered <br />to Trustor such Notice of Default and Notice of Sale as then required by law and by this Deed of Trust. <br />Trustee shall, without demand on Trustor, after such time as may then be required by law and after <br />recordation of such Notice of Default and after Notice of Sale having been given as required by law, sell <br />the Property at the time and place of sale fixed by it in such Notice of Sale, either as a whole, or in <br />separate lots or parcels or items as Trustee shall deem expedient, and in such order as it may determine, <br />at public auction to the highest bidder for cash in lawful money of the United States payable at the time <br />