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DEED OF TRUST <br />(Continued) 200210405 Pages <br />FULL PERFORMANCE. If Trustor pays all the 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 raccoveyance and shall <br />execute and deliver to Trustor suitable statements of termination of any financing statement on file evidencing Lender's security interest in the <br />Rents and the Personal Property. Any reconveyance fee required by law shall be, paid by Trustor, if perminad by applicable law. <br />EVENTS OF DEFAULT. Trustor will be in default under this Deed of Trust if any of the 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 Trustors <br />income, assets,. labllltles, or any other aspects of Trustor's financial condition. (B) Trustor does not meet the repayment terms of the Credit <br />Agreement (C) Tmstors action or inaction adversely affects the collateral or Lender's rights in the collateral. This can include, for example, <br />failure to maintain required insurance, waste or destructive use of the tlwelling, failure to pay taxes, death of all persons (able on the account, <br />transfer of this or sale of the dwelling, creation of a senior lien on the dwelling without Lender's permission, foreclosure by the holder of another <br />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 Lander 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 Dead of Trust to W due and payable and the same shall thereupon <br />become due add 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 processing, 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, marketabllty, 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 />Me Property; and, with or without taking possession of the Property, sue for or otherwise collect the rents, issues and profits of the <br />Properly, including those past due and unpaid, and apply the same, less costs and expenses of operation and collection attorneys' <br />fees, to any indebtedness secured by this Dead of Trust, all in such order as Lentler may determine. The entering upon and taking <br />possession of the Property, the colection of such rents, issues and profits, and Me 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 to such default or pursuant to such <br />notice of default, and, notwithstanding the continuance In possession of the Property or the collection, receipt and application of <br />rents, issues or profits, Trustee or Lender shall W minted to exercise every right provided for in Me Credit Agreement or the <br />Related Documents or by law upon the occurrence of any event of default, including the right to exercise Me power of sale; <br />(b) Commence an action to foreclose this Dead of Trust as a mortgage, 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 />Trustors interest In Me Property to be sold, which notice Trustee shall cause to W duly filed for record in the appropriate offices of <br />the County in which Me Property is located; and <br />(it) Win respect to all or any part of Me Personal Property, Lander shall have all Me rights and remedies of a secured party under <br />the Nebraska Uniform Commercial Cade. <br />Foreclosure by Power of Sale. If Lender elects to foreclose by exerolse of the Power of Sale herein contained, Lander shall notify <br />Trustee and shall deposit with Trustee this Deed of Trust and the Credit Agreement and such receipts and evidence of expenditures <br />made and secured by this Deed of Trust as Trustee may require. <br />(a) Upon receipt of such notice from Lender, Trustee shall cause M be recorded, published and delivered! to Trustor such Notice <br />of Default and Notice of Sale as Men required by law and by this Deed of Trust. Trustee shall, without demand on Trustor, after <br />such time as may Man 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 Me 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 Me <br />highest bidder for cash in lawful money of the United States payable at Me time of sale. Trustee shall deliver to such purchaser or <br />purchasers thereof its goad and sufficient dead or deeds conveying the property so sold, bud without any covenant or warranty, <br />express or implied. The recitals In such dead of any matters or facts shall be conclusive proof of Me truthfulness thereof. Any <br />person, including without limitation Trustor, Trusters, or Lander, may purchase at such sale. <br />(b) As may be permitted by law, after deducting all costs, fees and expenses of Trustee and of this Trust, inclu ing costs of <br />evidence of title in connection with sale, Trustee shall apply the proceeds of sale to payment of (i) all sums expended under the <br />terms of this Deed of Trust or under the terns of the Credit Agreement not then repaid, including but rot limited to accrued interest <br />and late charges, (ii) all other sums then secured hereby, and (iii) the remainder, If any, to Me person or persons legally entitled <br />thereto. <br />(c) Trustee may in the manner provided by law postpone sale of all or any portion of the Property. <br />Remedies Not Exclusive. Trustee and Lentler, and each of them, shall be entPoed to enforce payment and performance of any <br />Indebtedness or obligations secured by this Deed of Trust and to exercise all rights and powers under this Deed of Trust, under the Credit <br />Agreement, under any of Me 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 />mortgage, dead of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, whether by <br />court action or pursuant to Me power of sale or other powers contained in this Deed of Trust, shall prejudice or in any manner affect <br />Trustee's or Lender's right to realize upon or enforce any other security now or hereafter held by Trustee or Lender, it being agreed that <br />Trustee and Lender, and each of them, shall be enttled to enforce this Dead of Trust and any other security now or hereafter held by Lentler <br />or Trustee in such ortler and manner as they or either of them may in their absolute discretion determine. No remedy conferred upon or <br />reserved to Trustee or Lander, Is Intended to be exclusive of any other remedy in this Deed of Trust or by law provided or permitted, but <br />each shall be cumulative and shall be in addition to every other remedy given in this Dead of Trust or now or hereafter existing at law or in <br />equity or by statute. Every power or remedy given by the Credit Agreement or any of the Related Documents to Trustee or Lander or to <br />