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2� 1 �� 171 � DEED �F TRUST Lvan Nv: '1�1�937�8 tContlr7ued� Page 3 Lender may do so. If any actian or proceeding is commenced �hat wauld materially af�ec� Lender's interests in the Prop�rty, then Lender ❑n Trustor's behalf may, but is not required to, �ake any activn that Lender belie�es t� be appropriate �o protect Lender's interests. All expenses incurred ❑r paid by Lender far such purp�ses will then bear interest at the rate charg�d under the �redit Agreement frvm the date incurred ar paid by Lender tv the date of repayment by Trustor. All such expenses vuE�! beGam� a part of the Indebtedness and, at Lender's option, will �A� be payable ❑n demand; �By be added to the baEance af the Credit Agreement and b� apportioned amang and �e payable with any installment payments�o became due during either ��} the term ❑f any appficable insurance policy; ❑r t2} the remain�ng term of the Credit Agreement; or �Cy be treated as a balloan payment which will be due and payable at the Credit Agreement's maturity. WARRANTY; QEFENSE 4F TITLE. The follflwing prv�isians relating ta ownership of the Property are a part of this aeed ❑f Trust: Tit�e. Trustor warrants that: �a� Trustor halds govd and marketable title af recvrd to the Pr�per�y in fe� simple, free and cCear vf all fiens and encumbrances ather than those set forth in the Real Prvperty desc�iptian vr in the Existing [ndebtedness section belvw or in any title insurance p�licy, title r�part, ❑r fiinal title vpinivn issued in fia�vr of, and accepted by, Lender in connectivn with this Deed ❑f Trust, and �b} Trustvr has the fulf right, pawer, and authority t❑ exeeute and deli�er rhis Deed ot Trust�o Lender. Defense of TitEe. Subject to the exception in the paragraph above, Trust�r warrants and will fore�er d�fend the �itle ta the Prvperty aga�nst the lawful claims of all persons. Ex�STlNG INDEBTEDNESS. The fiollowing pro�isi�ns concerning Existing �nd�btedness are a part of this ❑eed af Trust: Existing L�en. The lien of this Deed of Trust securing the lndebtedness may be secflndary and inferior to an existing lien. Trustvr expressly �ovenants and agrees to pay, or s�e to the payment ❑f, the Existing Indebtedness and tfl pre�ent any default on such indebtedness, any default under the instruments e�idenGing such indebtedness, ar any default under any security documents for such indebtedness. EVENTS OF DEFAULT. Trustor will �e �n default under this Deed of Trust if any vf the fof[owing happen: tAy Trustar c�mm�ts fraud ar makes a mat�rial misrepresentativn at any tim� in Gvnnection w�th the Credit Agre�m�nt. This can include, for example, a false statement about Trustor's income, assets, liabilities, vr any �ther aspects of Trustor's financial conditian. �B) Trustor does nnt m�et the repayment terms vf the Credit Agreement. {C� Trustor's act�on ❑r inaction ad�ersely af#e�ts the callat�ral ❑r Lender's rights in the collateral. This can include, �or example, �aiiure t� maintain required insurance, waste or destructi�e use of the dwelling, failure t❑ pay taxes, death of af! persons liable on the acc�unt, transf�r of �itle ar sale of the dwel��ng, �reation of a senior lien on �he dwelling without Lender's permissian, foreclosure by the hvlder af another lien, vr the use of�unds or the dwelling for prahibited purposes. RIGHTS AND REMEDIES �N DEFAULT. Upon the occurrence ❑f any E�ent o� Default under any indebtedness, vr should Trustor fail tv compiy with any vf Trustor's obrigations under this Deed ❑f Trus�, Trustee or Lender may exercise any one ar rr�or��f the tvllawing rights and remedies: A��eleratian Upon ❑efault; Additional Remedies. If anY E�ent of Default occurs as per the te�ms of the Credit Agr�em�nt secured hereby, Lender may deciare all Indebtedness secured by this Deed af Trus� to be due and payable and the same shali thereupon become due and payable withau� any presentment, demand, protest or natice vf any kind. Thereafter, Lender may: �ay Either in person ar by agent, with or withaut bringing any action or proceeding, vr by a recei�er appainted by a cour� and without tegard ta the adequacy ot its �eeurity, enter upon and take passessian of the Property, ❑r any part the�eof, in its ❑wn name or in the name �f Trustee, and d❑ any acts which it deems necessary �r desirable tv preser�e the �alue, marketability ❑r rentabili�y af th� Property, or part vf the Property or interest in the Property; increase the incvme firom the Property or prote�t the security ❑f the Property; and, wEth ❑r without tak�ng p�ssession vf the Pr�perty, sue for or otherwise collect the rents, issues and profits af the Property, includ�ng those p�st due and unpaid, and appfy the same, less �osts and expenses ❑f operativn and callectian attorneys' fees, to any indebtedness se�ured by this Deed ❑f Trust, all in such arde� as Lender may determine. The entering upvn and taking passession ❑f the Property, the collection ❑f such rents, issues and prvfiits, and the application thereaf shall not cu�e ❑r wai�e any default ❑r notice ❑f default under this ❑eed af Trust or in�alidate any act done in respanse ta such default or pursuant to such notice flf default; and, nvtwithstanding the continuance in possession of the Property ar the co�lection, receipt and appli�ativn of rents, issues ❑r profits, Trustee ❑r Lender �hall be entitled tn exercise e�ery rEght pro�ided fvr in the Credit Agreement ar the Related Dv�uments or by iaw upon the occurrence of any e�ent a�de#ault, inc�uding the �igh#to exercise the power of sale; {b} Cammence an actian ta foreclase this ❑eed of Trust as a martgage, appaint a recei�er or spe�ificalfy enfarce any nf the Go�enants hereaf; and tc� Deli�er to Trustee a written declarat�an of default and demand for sale and a written notice of defauft and e�ection to cause Trustor's interest in the Property t❑ be sold, which notice Trust�e shall cause to b� duly f'sled #or re�ord in the appropriate ❑ffices of the County in which the Prop�rty is lacated; and �d} With respe�t to all vr any part of the Personal Property, Lender shalr have all the rights and remedies vf a secured party under the Nebraska llnifvrm Commercial Cade.