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S <br />1. <br />Loan No: 101268424 <br />201400410 <br />DEED OF TRUST <br />(Continued) Page 3 <br />Property or to comply with any obligation to maintain Existing Indebtedness in good standing as required below, then <br />Lender may do so. If any action or proceeding is commenced that would materially affect Lender's interests in the <br />Property, then Lender on Trustor's behalf may, but is not required to, take any 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 part of the Indebtedness and, at Lender's option, will (A) be <br />payable on demand; (B) be added to the balance of the Credit Agreement and be apportioned among and be payable <br />with any installment payments to become due during either (1) the term of any applicable insurance policy; or (2) the <br />remaining term of the Credit Agreement; or (C) be treated as a balloon payment which will be due and payable at 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 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 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 paragraph above, 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 a part of this Deed of Trust: <br />Existing Lien. The lien of this Deed of Trust securing the Indebtedness may be secondary and 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 it 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, failure 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 />any 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 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 action or proceeding, or by a receiver <br />appointed by a court and without regard 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 />waive 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 sale; <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 cause Trustor's interest in the Property to be sold, which notice Trustee shall cause to be <br />duly filed for record in the appropriate offices of the County in which the Property is located; and <br />(d) With 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 Nebraska Uniform Commercial Code. <br />