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Loan No: 101255998 <br />DEED OF TRUST <br />20�206924 <br />(Continued) <br />Page 3 <br />Property or to comply with eny obUgetion to meintein Existing Indebtedness in good standing as required below, then <br />Lender may do so. If any action or p�oceeding is commenced that would materially affect Lender's interests in the <br />Property, then Lender on Trustor's behelf may, but is not requlred to, take eny action that Lender believes to be <br />appropriate to protect Lender's interests. All expenses incurred or paid by Lender for such purposes will then bear <br />interest at the rate charged under the Credit Agreement from the date incurred or paid by Lender to the date of <br />repayment by Trustor. All such expenses will become a pert of the Indebtedness and, at Lender's option, will (A) be <br />payeble on demend; (B) be edded to the balance of the Credii Agreement and be apportioned among and be payable <br />with any installment payments to become due during either 11) the term of any appliceble insurence policy; or (2) the <br />remaining term of the Credit Agreement; or (C) be treated es a bettoon payment which wtll be due end payeble at the <br />Credit Agreement's maturity. <br />WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property ere a part of this Deed <br />of Trust: <br />Tltle. Trustor werrants thet: (a) Trustor holds good end marketable title of record to tha Property in fee simple, <br />free and clear of all liens and encumbrences other than those set forth in the Real Property description or in the <br />Existing Indebtedness section below or in eny title insurance policy, title report, or final title opinion issued in fevor <br />of, and accepted by, Lender in connection with this Deed of Trust, and (b) Trustor has the full right, power, end <br />authority to execute and deliver this Deed of Trust to Lender. <br />Defense of Tftle. Subject to the exception in the paregreph above, Trustor werrants and will forever defend the <br />title to the Property ageinst the lawful claims of all persons. <br />EXISTING INDEBTEDNESS. The following provisions concerning Existing Indebtedness are a part of this Deed of Trust: <br />Existing Lien. The lien of this Deed of Trust securing the Indebtedness mey be secondary end inferior to an <br />existing lien. Trustor expressly covenants and agrees to pay, or see to the payment of, the Existing Indebtedness <br />and to prevent any default on such indebtedness, any default under the instruments evidencing such indebtedness, <br />or any default under any security documents for such indebtedness. <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 e meterial misrepresentation et any time in connection with the Credit Agreement. This can <br />include, for example, a felse 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 adversely effects the collaterel or Lender's rights in the collaterat. This cen include, for exemple, faiture to <br />maintain required insurence, waste or destructive use of the dwelling, feflure 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 dwelUng without Lender's <br />permission, foreclosure by the holder of anothe� tlen, or the use of funds or the dwelling for prohibited purposes. <br />RI(3HTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Event of Default under eny indebtedness, or <br />should Trustor feil to comply with any of Trustor's obligations under this Deed of Trust, Trustee or Lender may exercise <br />any one or more of the following rights and remedies: <br />Acceleration Upon Default; Additional Remedies. If any Event of Defeult occurs as per the terms of the Credit <br />Agreement secured hereby, Lender mey declare all Indebtedness secured by this Deed of Trust to be due end <br />peyable and the seme shell thereupon become due end payable 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 ection or proceeding, or by e 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 name or in the name of Trustee, and do eny acts which it <br />deems necessery or desirable to preserve the value, marketability or rentebility 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; end, with or without taking possession of the Property, sue for or otherwise collect the <br />rents, issues and profits of the Property, including those pest due and unpeid, and apply the seme, less <br />costs end expenses of operation and collection attorneys' fees, to any indebtedness aecured by this Deed <br />of Trust, all in auch order as Lender may determine. The entering upon end taking possession of the <br />Property, the collection of such rents, issues end profits, end the epplication thereof shall not cure or <br />weive any default or notice of default under this Deed of Trust or invalidate eny act done in response to <br />such default or pursuant to such notice of defeult; end, notwithstending the continuance in possession of <br />the Property or the collection, receipt and applicetion of renta, issuea or profits, Trustee or Lender shall <br />be entitled to exercise every right provided for in the Cred(t Agreement or the Releted Documents or by <br />law upon the occurrence of any event of default, including the right to exercise the power of sale; <br />(b) Commence en action to foreclose this Deed of Trust as e mortgage, appoint a recefver or specifically <br />enforce any of the covenents hereof; and <br />(c) Deliver to Trustee a written declaration of default and demand for sele end a written notice of defeult <br />end election to cause Trustor's interest in the Property to be sold, which notice Trustee shall ceuse to be <br />duly filed for record in the epproprfate offices of the County in which the Property is loceted; and <br />(d) With respect to ell or any part of the Personal Property, Lender shall have all the rights and remedies <br />of a secured perty under the Nebraska Uniform Commercial Code. <br />