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��14�4131
<br /> DEED DF TRUST
<br /> ��ontitlued� Page 6
<br /> financing statement on file e�idencing Lender's security interest in the �ents and �he Personal Property, Any
<br /> reconveyance fee required by law shail be paid by Trustor, if permitted by applicable law.
<br /> EVENTS C]F DEFAULT. Trus�or will b� in default under this Deed of Trust if any �#the fnllowing happen: tA} Trus�or
<br /> commits #raud ❑r makes a material misrepresentation at any time in connectian with �he Credi� Agreement. This can
<br /> include, for example, a fafse statement about Trustor's income, assets, liabilities, or any other aspects af Trustor's
<br /> financiai cQnd��ian. {B} Trustor daes nat meet the repayment terms af the Credit Agreement. {Cy Trustor's action ar
<br /> inactian ad�ersely affects the colla�eral or Lender's rights in the �ollateral. This can include, far example, failure �o
<br /> maintain required insurance, waste or destructi�e use af the dwel�ing, failure t❑ pay taxes, death o�all persons liable on
<br /> the ac�ount, transfer ❑f title ar sale of the dwelling, creation of a senior lien on the dwelling wi�hout Lender's
<br /> permission, foreclosure by the halder of another Lien, or the use of funds or th�dvue�i�ng for prohibited purpases.
<br /> RIGHTS AND REMED[E5 �N DEFAULT. If an E�ent ofi ❑�fault occurs under this Deed of Trust, at any t�me thereafter,
<br /> Trustee or Lender may exercise any one ar more vf the fo��owing rights and remedies:
<br /> Ac�e�eration Upon Default; Additional Remedies. I� any E�ent a# Default occurs as per the terms of the Credit
<br /> Agreement secured here�y, Lender may dec�are a!� Indebtedn�ss secured by th�s Deed of Trust�o b� due and
<br /> payab�e and the same shal# thereupan became due and payable withaut any presentment, demand, protest or
<br /> natice af any kind. Therea�ter, Lender may:
<br /> �a} Either in person ar by agent, with vr w�thaut bringing any action ❑r proceeding, or by a rece��er
<br /> appointed by a court and without regard tn the adequacy of its security, enter up�n and take possession
<br /> o#th� Property, ar any part therea#, in its c�wn name or in the name of Trustee, and do any acts which it
<br /> deems necessary or desirable to preser�e the �alue, marketability ar rentabi�ity of the Prop�rty, or part ofi
<br /> the Property or interest in the Praperty; �ncrease the in�ome from the Property ar protect the security of
<br /> the Praperty; and, wi�h or withau� taking possession ❑f the Praperty, sue for ar ❑�herwise collect the
<br /> rents, issues and p�Qfsts of the Prvperty, �ncluding thase past du� and unpaid, and apply the same, �ess
<br /> costs and expenses of aperation and collection attarneys' fees, to any indebtedness secured by this Deed
<br /> ❑fi Trust, all in such order as Lender may det�rmine, The entering upon and tak�ng possessian of the
<br /> Proper�y, the callection af such rents, �ssu�s and profEts, and the applicatian therevf shall n�t cure or
<br /> wa��e any default ❑r not�ce o# default under �his Deed o#Trust �r in�alidate any act dane in response to
<br /> such default or pursuant�o such notice af default; and, notwithstanding the cantinuance in possess�fln o�
<br /> th� Property ❑r the cvllectivn, receipt and app[ication a# rents, issues or pro�i�s, Trustee ar Lender shall
<br /> be entitled to exercise e�ery r�ght prti�ided for in the Credit Agreement o� the Rela�ed Documents ar by
<br /> law upan th� accurren�e ot any e�ent❑t default, including the righ�to exercise the power of sale;
<br /> �b} Commence an ac�ion t❑ �oreclose this Deed o#Trust as a mortgage, appoint a re�ei�er or specifically
<br /> enfnrce any�fi the ca�enants hereof; and
<br /> tc3 Deli�er to Trustee a written declaration of de�ault and demand for sale and a written notice o�default
<br /> and electian to cause Trustvr's interest in the Praperty to be so�d, which notice Trustee shall �ause ta he
<br />� duly���ed for recn�d in the appropria�e o�fiices��F the County in wh�ch the Property is located; and
<br /> {d} Vtilith resp�c�fio all ar any part af the Personal Property, Lender shall ha�e all the rights and remedies
<br /> ❑f a secured party under the Nebraska Unifarm Commercial Code.
<br /> Foreciasure by Pvwer of 5ale. If Lender�lects�a fareclase by exercise of the Powsr af 5ale her�in contained,
<br /> Len�er shall no�ify Trustee and shall depasit with Trus�ee this De�d ❑� Trus� and the Credi� Agreement and
<br /> such receipts and e�idence o�expend�tures made and se�ured by this �eed ��Trust as Trustee may require.
<br /> �af Upon receip� vf such no�ice fram Lender, Trustee shall cause to be recarded, published and d�ii�e�ed
<br /> �o Trustor such No�ice vf Defau�t and Notice vf Sale as then required by faw and by this Deed ❑f Trust.
<br /> Trustee shali, without demand on Trustor, after such time as may �hen �e required by law and after
<br /> recordation af such Notice af �efault and after Nvtice a� Sale ha�ing been �i��n as required by faw, sell
<br /> the Prvperty at the time and place a� sa�e fiixed by it in such Nvtice af 5a�e, either as a who�e, or in
<br /> separate lots ar parcels or items as Trustee shall deem expedient, and in such flrder as it may determine,
<br /> at public auction to the highest bidder �or cash in lawful maney af �he Un�ted States payab�e at the time
<br /> af sale. Trust�e shal! delf�er to such purchaser ar purchasers thereof �ts goad and su#ficient deed ar
<br /> deeds can�eying the prvperty s❑ sald, but without any co�enant ❑r warranty, express ar imp�ied. The
<br /> recitafs in such deed ofi any matters or �acts shall be conc�usi�e praof ofi the truth�u�ness there�f. Any
<br /> person, including withou�limitation Trustar, Trustee, or Lender, may purchase at such sale.
<br /> �b} As may be permitted by �aw, after deducting all cosfis, fees and expenses ofi Trustee and of �his
<br /> Trust, in�luding �osts o�eWidence af tit�e in connection with saie, Trustee sha�l apply the praceeds o�sale
<br /> ta payment of �i} al� sums expended under the terms of this Deed o� Trust ❑r under the terms af the
<br /> Credit Agre�ment not then repaid, including but not limited to accrued interest and late charges, �iiy a11
<br /> other sums then secured here�y, and �iii} �he rema�nder, if any, to the persan or persons �egally entitled
<br /> �hereto.
<br /> �cy Trustee may in the manner pro��ded tay law postpone sale vf all or any portion of�he Property.
<br /> Remedies Na� Exclusive. Trus�ee and Lender, and each o� them, shalt he entitled t� enfarce paymen� and
<br /> performance o#any �ndebtedn�ss or ob�iga�ions secured by this ❑eed❑f Trust and to exercise all r�ghts and pflwers
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