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2� 1 ��4235 DEE� �F TRUST Loan Nv: ��"1�9�88� ��ntirlu�d� Page 3 Praperty �r to comply with any abligation ta maintain Existing f ndebt�dness in good standing as required belaw, then Lender may do so. if any action ar pr��eed�ng is cammenced that ►nrould materially afte�t Lend�r's interests in the Property, then Lender an Trustor's behaff may, but is n�t required to, take any actian that Lender b�lie�es t❑ be appropr+ate to prvtect Lender's interests. All expenses incurred �r paid by Lender for such purposes will then bear interest at the rate charged under th� Credit Agreement from the date incurred vr paid by Lender to the date nfi repayment by Trust�r. A!f su�h expenses wtll becvme a part ❑f the Indebtedness and, at Lender's option, will {A} be payable �n demand; �By be added to the balance of the Credit Agreement and be app�rtivned among and be payable with any �nstallment payments t� becvme due during either �1 y th� term vf any applicable insurance policy; or ��y the remain�ng term of the Credit Agreement; or �C} be treated as a ballaon payment which will be due and payable at the Credit Ag�eem�nt's maturity. WARRANTY; DEFENSE QF T1TLE. The fvllawing pro�isians reiating to ownership afi the Prvperty are a part of this Deed of Trust: Tit�e. Trustor warrants that: �ay Trustor holds gaod and marketable title af recard ta the Prvperty in fee simpl�, free and cl�ar ❑f all liens and �n�umb�ar�ces ❑ther than th�s� set forth in the Real Praperty descriptian nr in the Existing Indebtedness sectivn b�law or in any title insurance policy, title re�vrt, or final title opinian �ssued in fa�ar of, and accepted by, Lender in cannection with this Deed af Trust, and �bf Trustor has the full right, paw�r, and autharity to execute and deli�er this De�d ❑f Trust tv Lender. Defense of Title. Subject to the exception in �he paragraph ab��e, Trustor warrants and will fo�-eUer defend the title to the Property against the lawfu� claims of all persons. EXISTING INDEBTEQNESS. The fallvwing pra�isions concerning Existing lndebtedness are a part of this ❑eed of Trust: Existing Lien, The lien ❑f this Deed of Trust securing the Indebtedness may be secandary and inferior to an existing li�n, Trustflr expressly �a�enants and agrees to pay, or see ta the paymen�of, the Existing �ndebtedness and to pre�ent any default on such indebtedness, any default under th� instruments e�idencing su�h indebtedness, or any default under any secur�ty documents far such indebtedness, EVENTS �F aEFAULT. Trustar w�ll be in default under this Deed ofi Trus� ifi any of the tolfowing happen: �Af Trustor cnmmits fraud ar makes a material misrepresenfiation at any time in connectian with the Credit Agreement. This can include, far example, a false statement about Trustor's income, assets, �iabilities, or any �ther aspects ❑f Trustor's f�nancial cvnditfon. �g} Trustor dves not meet the repayment terms of the Credit Agreement. ��f Trustar's action ❑r inaction ad�ersely affects the collateral ar Lender's rights in the �v�latera�. This can in�lude, for exampfe, failure to maintain required insurance, waste or destru�ti�e use vf the �welling, fa�lure tv pay taxes, death v�all persvns liabie ❑n the accaunt, transfer of title or sale of the dwelling, �reativn of a seniar lien on the dwef��ng without Lender`s permission, fareclosure by the halder of another lien, or the use❑f funds vr the dw�lling for prohibited purposes. R�GHTS AND REMEDIES �N DEFAULT. Upon the n�currence of any E�ent nf DefauEt under any indebtedness, vr sh�uid Trustor fail ta cvmply with any o�Trustvr's obligations under this Deed af Trust, Trustee or L�nder may exercise any one or more vfi the fall�wing rights and remedies: Accelerativn Upan Default; Additiana� Remedies. lf any E�ent af DefauEt occurs as per the terms of the Credit Agreement secured hereby, Lender may declare all lndebtedness secured by this ❑eed of Trust to be due and payab�e and the same shall thereupvn become due and Qayable without any presentment, demand, protest or noti�e of any kind. Thereaftec, Lende�may: �ay Either in person or by agent, with or with�ut bringing any action or praceeding, ar by a ��cei�er appainted by a court and without rega�d to the ad�quacy of its security, enter uRfln ar�d take p�ssessian vf the Property, or any part therevf, in its own name or in the name af Trustee, and da any acts which it deems necessary or desira#�le ta preser�e the �alue, marketability vr rentabifity ❑f the Property, or part❑f the Prop�rty or interest Fn the Property; increase the income from the Property or pr�tect the se�urity af the Prvperty; and, with ❑r withaut taking possessivn of the Praperty, sue far ❑r otherwise cvllect th� rents, issues and profits ❑� the Praperty, in�iuding those past due and unpaid, and apply the same� I�55 costs and expenses of op�ration and cvllectivn attorneys' fees, to any indebtedness secured by this �eed of Trust, all in such arder as Lender may determine. Th� entering upon and taking possessi�n at the Property, the �ollect+vn vf such rents, issues and prvfits, and #he appiicatEon therevf shall nvt cure or wai�e any d�fault or natice ❑f defauft under this Deed ❑f Trust ar in�alida�e any act dane in respanse ta such default❑r pursuant to such nvtice af default; and� natwithstanding the continuance in passession❑f the Property or the collectivn, receipt and appiicatian af rents. rS5uB5 �f p�OfitS� Trus�ee ❑r Lender shall be entitled x❑ exercis� e�ery right pra�ided for in the Credit Agreement ar the Related ❑o�uments ❑r by law upan the a�currence of any e�ent of defauft, including the right t❑exercise the power o�sa�e; �� Commence an actian ta foreclase this Deed af Tru�t as a mor�gage, appoint a recei�er or specifi�ally �nfo��e any❑f the c�venants hereo�; and �c� Dei+�er tv Trustee a written declaratifln ❑f default �nd d�mand for sal� and a written notice of detault and electian tfl cause Trustor's interest in the Praperty ta b� sold, w#�ich notice�`rustee shafs Cause ta be duly fiied for record in the appropriat�offices of ihe Caunty in which the Pra�erty is iocated; and �d� With respect �o all �r any part of the P�rsonal Prvp�rty, Lender shaSR ha�e a61 the rights and remedies vf a secured party under the Nebraska lJniform Cvmmercial �ade.