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<br />DEED OF TRUST 2 012 C! 3 7 9 G
<br />Loan No: 101�25�24�0�' �" `� �� ' 4 k (Continued) Page 3
<br />interest at the rete charged under the Credit Agreement from the date incurred or paid by Lender to the date of
<br />repeyment by Trustor. All such expenses will become a pert of the Indebtedness and, at Lender's option, will (A1 be
<br />peyable on demend; (B) be added to the balance of the Credit Agreement and be apportfoned among and be payeble
<br />with any instellment peyments to become dua during either (1) the term of any applicable (naurance policy; or (2) the
<br />remaining term of the Credit Agreement; or (C) be treated as a balloon payment which wiA be due end payeble et the
<br />Credit Agreement's maturity.
<br />WARRANTY; DEFENSE OF TITLE. The following p�ovisions relating to ownership of the Property are e pert of this Deed
<br />of Trust:
<br />Title. Trustor warrants thet: la) Trustor holds good and merketable title of record to the Property in fee simple,
<br />f�ee and clear of all Ilens 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 finel title opinion iasued in fevor
<br />of, and accepted by, Lender in connection with thia Deed of Truat, and (b) Trustor has the full right, power, end
<br />authority to execute and deliver this Deed of Trust to Le�der.
<br />Defanse of Tttle. Subject to the excaption in the peregraph ebove, Trustor warrants end will forever defend the
<br />title to the Property against the lawful cteima of ell persona.
<br />EXISTINO INDEBTEDNESS. The following provisions concerning Existing Indebtedness ere e part of this Deed of Truat:
<br />Extating Lien. The Ifen of this Deed of Trust securing the Indebtedness mey be secondary end inferior to en
<br />existing Ilen. Trustor expressly covenants and agrees to pay, or see to the payment of, the Existing Indebtednesa
<br />and to prevent any default on such indebtedness, any default under the instruments evidencing such indebtedness,
<br />or any defeult under any security documenta for such indebtedness.
<br />EVENTS OF DEFAULT. Trustor will be in default under this Deed of Trust if eny of the following heppen: (A) Trustor
<br />commits fraud or makes a materiel misrepresentetlon et any tlme in connection with the Credit Agreement. This can
<br />include, for exemple, a felse stetement ebout Trustor's income, essets, liabilities, or eny other aspects of Trustor's
<br />flnanciel condition. (B) Trustor does not meet the repayment terms of the Credit Agreement. (C) Trustor's action or
<br />inaction adversely effects the colleteral or Lender's rights in the collaterel. This can include, for example, failura to
<br />maintain required insurence, weste or destructive use of the dwelling, failure to pay texes, death of all peraons liebla on
<br />the account, trensfer of title or sale of the dwetling, creation of e 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 indebtedneas, or
<br />shoutd Trustor fail to comply with any of Trustor's obligations under this Deed of Trust, Truatee or Lender may exerciae
<br />eny one or more of the following rights and remedies:
<br />Accaleretton Upon Default; Additio�al Remedles. If any Event of Default occura 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 />peyable and the same shell thereupon become due and peyeble wfthout any presentment, demend, protest or
<br />notice of any kind. Thereafter, Lender mey:
<br />(a) Either in person or by egent, with or without bringing any action or proceeding, or by a receiver
<br />appointed by a court and without regard to the adequacy of its security, enter upon and teke possession
<br />of the Property, or any part thereof, in its own neme or in the name of Trustee, and do any ects which it
<br />deems necessery or desirable to preaerve the value, merketabiUty or rentebility of the Property, or pert of
<br />the Property or interest in the Property; increase the income from the Property or protect the security of
<br />the Property; end, with or without taking possession of the Property, sue for or otherwiae collect the
<br />rents, issuea end profita of the Property, inctuding those past due and unpaid, and apply the same, less
<br />costs and expensea of operation and collectlon ettorneys' fees, to any indebtedness secured by this Deed
<br />of Truat, all in such order as Lender may determine. The entering upon end taking possession of the
<br />Property, the collection of such rents, issuea and profits, and the appl(cetion thereof shall not cure or
<br />waive any default or notice of defeult under this Deed of Trust or invelidate any ect done in response to
<br />such defeult or pursuant to such notice of defeult; end, notwithstanding the continuance in possession of
<br />the Property or the collection, receipt and applicetfon of rents, issues or profits, Trustee or Lender shell
<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 eny event of default, including the right to exercise the power of sale;
<br />(b) Commence en ectfon to foreclose this Deed of Trust as a mortgage, appoint a receiver or speciflcally
<br />enforce any of the covenants hereof; and
<br />(c) Deliver to Trustee a written declaration of default and demend for sale and a written notice of default
<br />and election to cause Truator's Interest in the Property to be sold, which notice Trustee shell cause to be
<br />duly filed for record in the eppropriate offices af the County in which the Property is located; and
<br />(d) With respect to ell or any part of the Personal Property, Lender shell have ell the righta end remedies
<br />of a secured perty under the Nebraska 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 and the Credit Agreement and
<br />such receipts and evidence of expenditures made and secured by this Deed of Trust as Trustee may require.
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