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2� 1 ��313� <br /> DEED C]F TRUST <br /> Loan Na: '1�'1 Z9524'1 �Cnntirlued� Page 3 <br /> Lender may do sa. I� any action or proceeding is commenced that would materially affect Lender's interests in the <br /> Praperty, then Lender vn Trustor's behalf may, but is nat required ta, take any acti�n that Lender beiie��s to b� <br /> appropriat� tv prvtect Lender's interests. All expenses incurred ❑r paid k�y Lender for such purpases will then bear <br /> interest at the ra�e charged under the �redit Agreement fram the date in�urred or paid by Lender ta the date af <br /> repayment by Trustor, All such �xpenses wilf become a part of the Indebtedness and, at Lender's option, wili �A} be <br /> payable on demand; �B� b� added to the balance of the Credit Agreement and be apportioned among and be payable <br /> with any instalfinent payments to become due during ei�her {1 y the term of any applicable insurance policy; or ��� the <br /> remaining term vf the Credit Agre�ment; or �C� be treated as a ba�loan payment which wi�� be due and payable at the <br /> Credit Agreement's maturity. <br /> WARRANTY; DEFENSE�F TITLE. The folivwing p�o�isivns relating t❑ �wnership of the Praperty are a part af this ❑eed <br /> of Trust: <br /> Title. Trustar warrants that: �ay Trustor hvlds good and marketable title of recvrd tv the Prc�perty in fee simpEe, <br /> free and clear af all liens and encumbran�es ❑ther than those set f�rth in the R�al Property description ar in the <br /> Existing �ndebtedness se�tion below ar in any tit�e insurance policy, title repvrt, ❑r final titie ❑pinian issued in fa�or <br /> o�, and ac�epted by, Lender En cannectian with this Deed of Trust, and tb} Trustor has the fuil right, pawer, and <br /> authvrity t❑ execute and deli�er this Deed of Trust to L�nder. <br /> Defense of Title. Subject to the exception in the paragraph aba�e, Trustor warrants and will f�re�er defend the <br /> title to the Property against the fawful claims of all persons. <br /> EXlSTING IN�EBTEDNESS. The following pra�isians cancerning Existing Indebtedness are a part of this Deed of Trust: <br /> Existing Lien. The lien of this ❑eed ot Trust securing the Indebtedness may be secondary and inferior tv an <br /> exis�ting lien. Trustor expressly cn�enants and agrees ta pay, or se� to the payment af, the ExEsting Indebtedness <br /> and to pre�ent any default nn such indebtedness, any default under the instruments e�idencing such indebtedness, <br /> or any default under any security documents fvr such indebtedness. <br /> EVENTS �F DEFAULT. Trustor wil! be in default under this Deed of Trust if any vf the fvllawing happen: �A} Trustar <br /> �ommits fraud or makes a material misrepresentatFon at any time in conne�ti�n with the Credit Agreement. This can <br /> include, for exampie, a false statement about Trustor's incame, assets, liabilities, ❑r any ❑�her asp�cts v� Trustar's <br /> financial cvndition. �B� Trustvr dves n�t meet the repayment terms af�he Credit Agreement. �Cy Trustor's a�tion ❑r <br /> inaction ad�ersely affects the �ollateral or Lender's rights in the callateral. This can inciude, far example, failure to <br /> maintain required insurance, waste ar destructi�e use of the dw�lling, failure t❑ pay taxes, death ❑f al! persons liable on <br /> the acGount, transfer of title or sale vf the dwelling, creatian �t a senior lien an the dwelling without Lender's <br /> permission, for�closure by the holder vf another lien, vr the use o�tunds ar the dwelfing far prohibited purposes. <br /> RIGHTS AND REME[]�ES �N aEFAULT. lJpon the ❑ccurrence ❑f any E�ent of Default und�r any indebtedness, or <br /> shauld Trustor fai! to comply with any of Trustar's obligations under this ❑eed of Trust, Trustee or Lender may exercise <br /> any one ❑r more of th� fa�lvwing rights and r�medies: <br /> Acceleration Upvn Default; Addit�anai Remedies, If any E�ent❑f Default vccurs as per the terms nf the Credit <br /> Agreement secured hereby, Lender may declare al[ Indebtedness secured by this ❑eed vf Trust t� be due and <br /> payable and the same sha�l thsreupon became due and payable without any presentment, demand, protest ar <br /> nntice of any kind. Th�reafter, Lende� may: <br /> �a� Either in person or by agent, with vr withaut bringing any action ar praceeding, ❑r by a recei�er <br /> appointed by a caurt and without regard to �he adequacy vf its security, enter upon and take passessian <br /> af the Praperty, or any part thereaf, in its own name or in the name of Trustee, and do any acts which it <br /> de�ms necessary ar desirable to preser�e the �alue, marketability ❑r rentability of�he Praperty, or part ot <br /> the Praperty vr interest in the Property; increase the incame from the Praperty ❑r protect the security af <br /> the Property; and, with or withvut taking possession of the Property, sue far ❑r otherwise �ollect th� <br /> rents, issues and profits of the Property, in�luding thase past due and unpaid, and apply the same, less <br /> costs and expenses of operation and collectivn attorneys' fees, ta any indebtedness secured by this Deed <br /> of Trust, ail �n such order as Lender may d�termine. The entering upvn and taking p�ssession of the <br /> Praperty, the col�ection ❑fi such rents, 155L1�S and profits, and the applicativn the�ea� shall nat cure or <br /> wai�e any defauit or noti�e a� default under this Deed ❑f Trust or in�alidate any act done in respvnse t� <br /> such default or pursuant ta su�h natice of defauit; and, na#withstanding the continuance in possession�� <br /> �he Property or the coilectian, receipt and app�icatian of rents, issues or profits, Tt�ustee or L�nder shalf <br /> be entitled to ex�rcise every right pra�ided for in the Credit Agreem�nt or the Related Do�uments vr by <br /> law upon the oc�urrence vf any e�ent❑f default, inciuding the right to exercise the power❑f sale; <br /> �by Cammence an action to foreciase this Deed ❑f Trust as a mortgage, appoint a recef�er ❑r specifica�ly <br /> enf�r�e any❑f the ca�enants hereof; and <br /> �c� [�eli�er�o Trust�e a written dec�aration af default and demand for sale and a written notice af default <br /> and election t❑ cause Trustor's interest in the Property to be so�d, which natice Trustee shall cause ta be <br /> duly filed for record in the apprapriate offices of the County in which the Property is Iocated; and <br /> �d� With respect to all or any part of the Personal Property, Lender shall ha�e all the rights and remedies <br /> ❑f a secured party under the Nebraska Unifarm Cvmmercial Code. <br />