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2� 1 ��7��9
<br /> DEED []F TRUST
<br /> Loan No: ����993�� ��ontirlued� Page 3
<br /> Property vr t❑ camply with any ❑bligatian to maintain Existing Indebtedness in good standing as required belaw, th�n
<br /> Lender may da �o. If any actian ar prviceeding is commen�ed that would ma�erially affect Lende�'s interests in th�
<br /> Property, th�n Lender ❑n Trustvr's behaif may, �ut is nat required to, take any a�tion that Lender belie�es to be
<br /> appropriate to protect Lender's interests. A!I expenses incurred ❑r paid by Lender for such purposes will then bear
<br /> interest at the rate charged under the Credit Agreement from the date in�urred or paid by Lender tv the date of
<br /> repayment by Trustor, Ai! such expenses will became a part of the Indebtedness and, at Lender's optian, will �A} be
<br /> payable on demand; �By be added t� the balan�e o� the Credtt Agreem�nt and be apportioned among and be payable
<br /> with any installment payments �o become due during either �1� the term vf any applicabte insurance palicy; or ��} the
<br /> remainin� term af the Credit Agreement; or (Cy be treated as a balloon payment which will be du� and payab�e at the
<br /> Gredit Agreement's maturity.
<br /> VIIARRANTY: DEFENSE C]F T1TLE, The fvll�wing pro�isians relating to ❑wnership af the Praperty are a part of this Deed
<br /> ❑f Trust:
<br /> Title. Trust�r warrants that: �a� Trust�r holds goad and marketable title of record to the Praperty in fee simple,
<br /> �ree and clear ❑f all liens and encumbranc�s other than thase set forth in the Real Property description ❑r in the
<br /> Existing Indebtedness section bel�w or in any title insurance poiicy, tit�e report, ar final title opinion issued in fa�or
<br /> af, and accepted �y, Lender in connectiorr wit� this ❑eed a# Trust, and �bf Trustor has the �ull right, pvwer, and
<br /> authority t❑ execute and deli�er this ❑eed af Trust t❑ Lender.
<br /> Defense vf Title. Subject to the exception in the paragraph a�o�e, Trustor warrants and will fore�er defend the
<br /> title tv the Pra�erty against the lawful claims of al! pers�ns.
<br /> E�CISTING INDEBTEDNE55. The fallowing prv�isions �oncerning Existing Ind�btedness are a pa�t of this Deed of Trus�:
<br /> Existing Lien. Th� li�n o# this Deed of Trust securing the indebtedness may be secvndary and inferiar to an
<br /> �xisting lien, Trustor expressly ca�enants and agrees to pay, or see to the payment of, the Existing Indebtedness
<br /> and ta pre�ent any default vn such indebtedness, any de#ault under the instruments e�idencing such indebtedness,
<br /> ❑r any defau�t under any security documents for such indebtedness.
<br /> EVENTS nF DEFAULT. Trustor wil! be in default under this ❑eed of Tru�t if any of the following happen: �Ay Trustor
<br /> cammits fraud �r mak�s a material misrepresentation at any ttme in connection with the Credit Agreement. This can
<br /> include, f�r example, a false statement abaut Trustor's in�ome, assets, liabilities, ❑r any other aspects of Trustor's
<br /> financial condition. �B� Trustor do�s not m�Et the r�payment terms ❑f the Credit Agreement. {C� Trustor's action or
<br /> inaction adversely affects the collateral or Lender's rights in the collateraf. This can include, for examp�e, failure to
<br /> maintain required insuran�e, waste ar destruGti�e use of the dwelling, failure to pay taxes, death of all persons liable on
<br /> the a�count, transfer o# title or sale af the dwelling, creation ❑f a senior lien �n the dwelling w�thout Lender's
<br /> permission, foreclosure by the holder of anvther lien, nr the use �f funds or the dwelling far prohibited purposes.
<br /> RIGHTS AND REMEDIES �N ❑EFAULT. Up�n the ❑ccurrence of any E�ent of ❑efault under any indebtedness, or
<br /> shauld Trustor fail t❑ comply with any of Trustor's obligativns under this Deed of Trust, Trustee ar L�nder may exercise
<br /> any ane or more ❑f the fvllowing rights and remedies:
<br /> Ac�eleration [Jpon Default; Additivnal Remedies. tf any E�ent o� De�Fault o��urs as pe�-the terms ��the Credit
<br /> Agreement secured hereby, Lender may declare all Indebtedness secured by this D�ed ofi Trust to be due and
<br /> payable and the same shafl thereupan becam� due and payable withou� any presentment, demand, protest or
<br /> notice of any kind. Thereafter, Lender may:
<br /> �a} Either in p�rson ar by agent, wi�h ar withaut brin�ing any actian vr praceeding, ❑r by a recei�er
<br /> appainted by a court and withou� regard to �he adequacy of its security, enter upon and take passession
<br /> ❑f the Prop��ty, vr any par�therevf, in its awn name or in th� name ❑f Trustee, and da any ac#s which it
<br /> deems necessary ar desirable to preser�e the �alue, marketability or rentability af the Property, vr part of
<br /> the Praper�y ❑r interest in the Property, 'sncr�ase the inc�me fr�m the Praperty or pratect the �ecurity ot
<br /> the Prvperty; and, with or withaut taking passession of the Property, sue �or or otherwise collect the
<br /> rents, �ssues and pr�fits ❑f the P�operty, including thase past due and unpaid, and apply the same, less
<br /> costs and �xpenses af operation and coll�ction attorneys' tees, to any inde�tedness secured by this ❑eed
<br /> of Trust, a!1 in such ❑rde� as Lender may determine. The entering upan and taking passes�ion ❑# the
<br /> Prop�rty, the col3ection of su�h rents, issues and profits, and the application thereof shall not cure or
<br /> wai�e any default vr notice ❑f default under this Deed of Trust or in�alidate any act d�ne in response to
<br /> su�h default or pursuant tfl such natice af default; and, nntwithstanding fhe cantinuance in possession of
<br /> the Praperty ar the callection, teceipt and appi+cation of rents, issues or profits, Trustee or Lender shall
<br /> be entitled to exercise every right pra�id�d for in �he �redit Agreement or the Related Documents ar by
<br /> law upon the ❑ccurren�e vf any e�ent vf default, including the right to exercise the power of sale;
<br /> �b) Cammen�e an a�tion tn fareclose this ❑eed vf Trust as a mvrtgage, appoint a recei��r or spe�ifically
<br /> enforce any af the co�enants here��; and
<br /> {c) Deli�er to Trustee a written declaration of default and demand for sale and a written natice of default
<br /> and election to cause Trustor's interest in the Praperty to be sold, which notice Trustee shall cause to be
<br /> duly filed fior recard in the appropr�ate o#fices of the Caunty in which the Prvperty is located; and
<br /> {d� With respect t❑ all or any part af the Personal Prap�rty, Lender shall ha�e all the rights and remedies
<br /> of a secur�d party under�he Nehraska Unifarm Commer�ial Code.
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