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�, �; �� :, � r . ,:. 201204910 <br />,. . DEED OF TRUST <br />Loan No: 101253817 (Continued) Page 3 <br />Property or to comply with any obligation to maintein Exist(ng Indebtedness in good stending as required below, then <br />Lender may do so. If eny action or proceeding ia commenced that would materially affect Lender's Interests in the <br />Property, then Lender on Trustor's behalf may, but is not required to, teke any action that Lender believes to be <br />eppropriate to protect Lender's interests. All expenses incurred or peid by Lender for such purposes will then bear <br />interest et the rate cherged 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 part of the Indebtedness and, at Lender's option wfll (A) be <br />peyable on demand; (B) be added to the balence of the Credit Agreement and be apportioned among and be payable <br />with eny installment peyments to become due during either (1) the term of eny appliceble insurance policy; or (2) the <br />remaining term of the Credit Agreement; or (C) be treated es e bailoon payment which will be due end payable at the <br />Credit Agreement's maturity. <br />WARRANTIf; DEFENSE OF TITLE. The following provisions releting to ownership of the Properry are e pert of this Deed <br />of Trust: <br />Title. Trustor warrants that: (a) Trustor holds good end merketable tltle of record to the Property in fee simple, <br />free and clear of all liens and encumbrances other then those set forth in the Real Property description or in the <br />Existing Indebtedness section below or in any title insurence 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 end deliver thia Deed of Trust to Lender. <br />Defense of Title. Subject to the exception in the paragraph ebove, Trustor warrants and will forever defend the <br />title to the Property against the lawful claims of all persons. <br />EXISTING INDEBTEDNESS. The following provisions concerning Existing Indebtedness are e pert of this Deed of Trust: <br />Exlsting Uen. The lien of this Deed of Trust securing the Indebtedness mey be secondary end inferior to en <br />existing lien. Trustor expressly covenants and agrees to pey, or see to the peyment of, the Existing Indebtedness <br />and to prevent eny default on such indebtedness, any default under the instruments evidencfng such indebtedness, <br />or any default under any security documents for such indebtedness. <br />EVENTS OF DEFAULT. Trustor will be in defeult under this Deed of Trust if any of the following happen: (A) Trustor <br />commits fraud or makes a meterial misrepresentetio� at any time in connection with the Credit Agreement. This cen <br />Include, for example, a fslse statement about Trustor's income, essets, 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 edversely affects the colleterel or Lender's rights in the collaterel. This can include, for exemple, failure to <br />maintain required insurence, waste or destructive use of the dwelling, failure to pay taxes, death of all persons liable on <br />the eccount, transfer of title or sele of the dwelling, creation of a senior lien on the dwelling without Lender's <br />permission, foreclosure by the holder of another Ilen, or the use of funds or the dwelling for prohibited purposes. <br />RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of eny Event of Default under any indebtedness, or <br />should Trustor fail to comply with any of Trustor's obligetions under this Deed of Trust, Trustee or Lender may exercise <br />any one or more of the following rights end remedies: <br />Acceleration Upon Defauk; Additionel Remedies. If any Event of Default occurs as per the terms of the Credit <br />Agreement secured hereby, Lender may declare all Indebtedness aecured by this Deed of Trust to be due and <br />payeble end the same shall thereupon become due and payable without any presentment, demand, protest or <br />notice of eny 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 />appointed by a court end without regerd to the edequacy 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 ects which it <br />deems necessery or desirable to preserve the value, marketability 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; and, with or without teking posseasion of the Property, sue for or otherwise collect the <br />rents, issues end profits of the Property, including those pest due and unpeid, and epply the same, less <br />costs and expenses of operation and collection attorneys' feea, to any indebtedness sacured by this Deed <br />of Trust, all in such order as Lender may determine. The entering upon end taking posseasion of the <br />Property, the collection of auch rents, issuea end profits, end the application thereof ahall not cure or <br />waive any default or notice of default under this Deed of Trust or invslidate eny act done in response to <br />such defeult or pursuant to such notice of default; and, notwithstanding the continuance in posaession of <br />the Property or the collection, receipt and epplicatfon of rents, issues or profits, Trustee or Lender shall <br />be entitled to exercise every rfght provided for in the Credit Agreement or the Related Documents or by <br />lew 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 specificeily <br />enforce eny of the covenants hereof; and <br />(c) Deliver to Trustee a written declaretion of defeult and demand for sale end a written notice of defeult <br />and election to cause Trustor's interest in the Property to be sold, which notice Trustee shall cause to be <br />duly filed for record in the eppropriete offices of the County in which the Property ia located; end <br />(d) With respect to all or any part of the Personal Property, Lender shell heve ell the rights and remedies <br />of a secured perty under the Nebraska Uniform Commercial Code. <br />