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.
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