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2� 1 ��8283 D�ED DF TRUST Loan Nv: 1 D'l 3��467 �Contln u�d� Page 3 Lender may d❑ so. If any action ar praceeding is commenced that wau�d material�y af#ect Lender's interests in the Proper�y, then Lend�r on Trus�ar's behalf may, but is not requir�d to, take any activn that Lender belie�es to be apprapriate to proteGt Lender's interests. All expenses incurred or paid by Lender for su�h purposes will then bear interest at the rate charged under �he Credit Agreement from the date incurred ar paid by Lender to the date af repayment by Trustar. Ail such expenses w�ll becvme a part ❑f the Indebtedness and, at Lender's vption, will �Ay be payable ❑n d�mand; �6y be added to the halance vf the Credit Agreement and be apportinned am�ng and be payab�e with any installment payments tv b�cvme due during either �1} the term vt any applicable insurance policy; vr t�� the remaining term of the Credit Agreement; ❑r �C} be treated as a ballaan payment which will be du� and payable at the Credit Agreement's maturity. WARRANTY; DEFENSE aF TITL�, The following prn�isivns relating t❑ ownership of the Proper�y are a part of this Deed vf Trust: Title. Trustor warrants that: �a7 Trustor halds gaod and marketabte t�tle ❑f re�ord tv the Property in fee simp�e, free and clear of all liens and �ncumbrances ❑ther than those set forth in the Real Property descriptian ❑r in the Existing Indebtednes� sectian be�nw or in any title insuranee pali�y, title rep�rt, or tinaf title apinifln issued in ta�or o�, and accepted by, Lender in cvnnection with this Deed �f Trust, and �b} Trustar has the full right, power, and authority ta execu�e and deliver this Deed af Trust to Lender. Defense af Title. Sub�ect to the exceptian in the paragraph abo�e, Trustor warrants and wi11 f�re�er defend the title ta �he Prop��ty agains�the lawful claims af all persans. E�C�STING INDE6TEDNESS. The fallvwing pr�o�isions c�ncerning Existing Indebtedness are a part�#this Deed of Trust: Exis#ing Lien. T�e lien ❑f this Deed of Trust se�uring the lndebtedness may be secondary and inferior tv an existing lien. Trust�r �xpress�y co�enants and agrees t� pay, ar see to the paymen� of, the Existing indebtedness and tfl pre�ent any default an such indebtedness, any de�ault under the instruments e�idencing �uGh indebtedness, or any default under any se�urity do�uments fvr such indebtedn�ss. EVENTS �F DEFAULT. Trustar wi�i be in defaul� under th�s Deed of Trust if any ❑f the following happen: {Af Trustor commits fraud or makes a material misrepresentativn at any �ime �n connectian with the Credit Agreement. This can in�lude, �or example, a false statement about Trustvr's incame, assets, �iabilities, �r any other aspects vf Trustar's financial c�ndition. �g} Trustar does not meet �he repayment terms v# the CrediC Agreement. �Cy Trustar's action ❑r inactian �ad�ersely a#fects the callateral ❑r Lender's rights in the callateral. This can include, f�r example, fai#ure to maintain required insurance, wast� or destructi�e use of the �welling, failu�e to pay taxes, death ❑f all persans liabfe on the accaunt, transfer af t�tle ar sale ❑# th� dwelling, creation ❑f a senior lien an the dwelling withvut Lender's permission, foreclosure by the holder�f another lien, or the use ❑f�unds or the dwelling for prahibited purpvses. RIGHTS AND REMEOIES UN DEFAULT. LJpon the ❑ccurrence ❑f any E�ent vf Default under any indebtedness, or should Trustor fail to comply with any ❑f Trustvr's obligations under this Deed of Trust, Trustee or Lender may exercise any ane or more vf the fol�owing rights and remedies: Accelerativn Upon Detault; Additianal Remedies. If any E�ent vf ❑efault occurs as per the terms of the Credit Agreement secured hereby, Lender may declare a�l Indebtedness secured by this Deed af Trust to be due and payable and the same shall th�reupon be�ome due and payable without any presentment, demand, protest ar no�ice a�any kind. Thereafter, L�nder may: �ay Either in person or by agent, with vr without bringing any actian vr proceeding, or by a recei�er appvinted by a court and without regard to the adequa�y vf its security, enter upon and take possession of the Pr�perty, or any part thereof, in �ts own name or in the name ❑f Trustee, and d❑ any acts which it deems necessary ar des�rable t� preser�e the �alue, marketability or ren�ability af th� Property, or part of the Property ❑r interest in the Property; increase the income frvm the Property or prate�t�the securi�y ❑f the Property; and, with or without taking possessi�n of the Property, sue #ar or ❑therwise collect the rents, issues and prv#its ❑f the Property, including those past due and unpaid, and apply the same, less costs and expenses of operation and cailection a�torneys' fees, to any indebtedness secured by this Deed of Trust, afl in SUCII ord�r as Lender may determine. The entering upon and taking possesston of the Property, the �oilection o# such rents, issues and prafits, and the appli�ation thereof shall not cure or wai�e any default or no�ice af default under this Dsec� of Trust or in�alidate any act dane in respans� to such default or pursuant to such notice ❑f default; and, natwithstanding the continuanGe in possession ❑f the Property ❑r the collection, rece�pt and applicati�n of rents, issue� ❑r prvfits, Trustee ar Lend�r sha�I be entitled to exer�ise e�ery right pra�ided fo� in the Credit Agreement ❑r the Relat�d Da�uments or by law upfln the occurrence af any e�ent of default, including the right t❑ exercise the power❑f sale; �b} Commence an action to foreclose this Deed �f Trust as a mortgage, appaint a recei�er❑r specificaljy enfarce any af the �v�enants here��; and �c� Deii�er to Trustee a written declaration ❑f default and demand for sale and a written natice of default and election to Gause Trus�or's interest in the Praperty t❑ be svld, which natice Trustee shall cause t❑ be duly filed fvr re�ard in the apprvpriate ❑ffices of the Caunty in which the Property is located; and {d} With respect to all ar any part ❑f the Persanal Property, L�nder shall ha�e all the rights and remedies of a secured party under th� Nebraska Uniform Commercia� Code.