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DEED OF TRUST <br />(Continued) 200209007 Page <br />and (2) the liens and security interests created by this Deed of Trust on the Property, whether now owned or hereafter acquired by Trustor. <br />Unless prohibited by law or Lender agrees to the contrary in wrong, Trustor shall reimburse Lender for all costs and expenses incurred in <br />connection with the matters referred to in this paragraph. <br />Attorney -In -Fact. If Trustor fails to do any of Me things referred to in the preceding paragraph, Lender may do so for and in the name of <br />Trustor and at Trull expense. For such purposes, Trustor hereby irrevocably appoints Under as Trustor's attorney -in -fact for the <br />purpose of making, executing, delivering, filing, recording, and doing all other things as may be necessary or desirable, in Lenders sole <br />opinion, to accomplish Me matters referred to in the preceding paragraph. <br />FULL PERFORMANCE. If Borrower pays all Me Indebtedness when due, terminates the credit line account, and otherwise performs all the <br />obligations imposed upon Trustor under this Deed of Trust, Lender shall execute and deliver to Trustee a request for full reconveyance and shall <br />execute and deliver to Trustor suitable statements of termination of any financing statement on file evidencing Lenders security interest in the <br />Rents and Me Personal Property. Any reconveyance fee required by law shall be paid by Trustor, if permitted by applicable law. <br />EVENTS OF DEFAULT. Trusbr will be in default under this Deed of Trust if any of Me following happen: (A) Trustor commits fraud or makes a <br />material misrepresentation at any time in connection with the Credit Agreement. This can include, for example, a false statement about Borrower's <br />or Trustors income, assets, liabildies, or any other aspects of Borrower's or Trustores financial condition. (B) Borrower does not meet the <br />repayment terms of the Credit Agreement. (C) Trustors action or inaction adversely affects the collateral or Lender's rights in Me collateral. This <br />can include, for example, failure to maintain required insurance, waste or destructive use of the dwelling, failure to pay taxes, death of all persons <br />liable on Me account, transfer of his or sale of Me dwelling, creation of a senior lien on the dwelling without Lender's permission, foreclosure by <br />the holder of another lien, or the use of funds or the dwelling for prohibited purposes. <br />RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Dead of Trust, at any time thereafter, Trustee or Under may <br />exercise any one or more of the following rights and remedies: <br />Acceleration Upon Default; Additional Remedies. If any Event of Default occurs as per the terms of the Credit Agreement secured <br />hereby, Lender may declare all Indebtedness secured by this Deed of Trust W be due and payable and Me same shall thereupon <br />become due and payable without any presentment, demand, protest or notice of any kind. Thereafter, Lender may: <br />(a) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court and <br />without regard to the adequacy of its security, enter upon and take possession of the Property, or any part thereof, in its own name <br />or in the name of Trustee, and do any acts which it deems necessary or desirable to preserve the value, marketability or rentability <br />of the Property, or part of the Property or interest in the Property; increase the income from Me Property or protect the security of <br />the Property; and, with or without taking possession of the Property, sue for or otherwise collect Me rents, issues and profits of Me <br />Property, including those past due and unpaid, and apply Me same, less costs and expenses of operation and collection attorneys' <br />fees, to any indebtedness securetl by this Deed of Trust, all in such order as Lender may determine. The entering upon and taking <br />possession of Me Property, Me collection of such rents, issues and profits, and the application thereof shall not cure or waive any <br />default or notice of default under this Dead of Trust or invalidate any act done in response W such default or pursuant to such <br />notice of default; and, notwithstanding the continuance in possession of the Property or Me collection, receipt and application of <br />rents, issues or profits, Trustee or Lender shall be entitled to exercise every right provided for in the Credit Agreement or the <br />Related Documents or by law upon the occurrence of any event of default, including the right to exercise the power of sale; <br />(b) Commence an action to foreclose this Dead of Trust as a megage, appoint a receiver or specifically enforce any of the <br />covenants hereof; and <br />(c) Deliver to Trustee a written declaration of default and demand for sale and a written notice of default and election to cause <br />Trustor's interest In the Property to be sold, which notice Trustee shall cause to be duly filed for record in the appropriate offices of <br />Me County in which Me Property is Imcai and <br />(d) With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party under <br />the Nebraska Uniform Commercial Code. <br />Foreclosure by Power of Sale. If Lender elects to foreclose by exercise of Me Power of Sale herein contained, Lender shall notify <br />Trustee and shall deposit with Trustee this Deed of Trust and the Cretlit Agreement and such receipts and evidence of expenditures <br />made and securetl by this Dead! of Trust as Trustee may require. <br />(a) Upon receipt of such notice from Lender, Trustee shall cause to be recorded, published and delivered! to Trustor such Notice <br />of Default and Notice of Sale as Man required by law and by this Deed of Trust Trustee shall, without demand on Trustor, after <br />such tim as may Men be required by law and after recordation of such Notice of Default and after Notice of Sale having been <br />given as required by law, sell the Property at the time and place of sale fixed by it in such Notice of Sale, either as a whole, or in <br />separate lots or parcels or items as Trustee shall deem expedient, and in such order as it may determine, at public auction to the <br />highest bidder for cash in lawful money of Me United Sol payable at Me time of sale. Trustee shall tleliver to such purchaser or <br />purchasers thereof is good and sufficient deed or deeds conveying Me property so sold, but without any covenant or warranty, <br />express or implied. The rectals in such reatl of any matters or facts shall be conclusive proof of the truthfulness thereof. Any <br />person, including without limitation Trustor, Trustee, or Lender, may purchase at such sale. <br />(b) As may be permietl by law, after deducting all costs, fees and expenses of Trustee and of his Trust, including costs of <br />evidence of title in connection with sale, Trustee shall apply Me proceeds of sale to payment of (i) all sums expended under Me <br />terms of his Deed of Trust or under Me terms of Me Credit Agreement not Men repaid, including but not limited to accrued interest <br />and late charges, hi) all other sums then secured hereby, and (iii) Me remainder, t any, to the person or persons legally entitled! <br />thereto. <br />(c) Trustee may in Me manner provided by law postpone sale of all or any portion of the Property. <br />Remedies Not Exclusive Trustee and Lender, and each of them, shall be emitted to enforce payment and perfomrance of any <br />indebtedness or obligations secured by this Deed of Trust and to exemise all rights and powers under this Dead of Trust, under the Credit <br />Agreement, under any of the Related Documents, or under any other agreement or any laws now or hereafter in force; notwithstanding, <br />some or all of such indebtedness and obligations secured by this Dead of Trust may now or hereafter be otherwise secured, whether by <br />