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DEED OF TRUST <br />(Continued) 200210802 Page <br />material misrepresentation at any time in connection with the Credit Agreement. This can include, for example, a false statement about Trustor 'a <br />income, assets, liabilities, or any other aspects of Trustor's financial condition, (B) Trustor does not meet the repayment terms of the Credit <br />Agreement. ICI Trustor's 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 dwelling, failure to pay taxes, death of all persons liable on the account, <br />transfer of title or sale of the dwelling, creation of a senior lien on the dwelling without Lenders permission, foreclosure by the holder of another <br />lien, or the use of funds or Me dwelling for prohibited purposes. <br />RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust, at any time thereafter, Trustee or Lender 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 to be due and payable and the 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 Me Property; increase the income from the 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 he <br />Property, 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 his Deed of Trust, all in such order as Lender may determine. The entering upon and taking <br />Possession of the Property, Me collection of such rents, issues and profits, and Me application thereof shall not cure or waive any <br />default or notice of default under this Deed 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 he Property or the 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 Me right to exercise the power of sale; <br />ho Commence an action to foreclose this Deed 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 />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 />the County in which the Property is located; and <br />(tl) 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 />Me Nebraska Uniform Commercial Code, <br />Foreclosure by Power of Sale. If Lender elects to foreclose by exercise of the Power of Sale herein combined, Lender 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 Dead of Trust as Trustea 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 time as may then be requiretl 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 Seem expedient, and in such order as it may determine, at public auction to the <br />highest bidder for cash in lawful money of the United States payable at the time of sale. Trustee shall deliver to such purchaser or <br />purchasers thereof its good and sufficient deed or deeds conveying Me property so sold, but without any covenant or warranty, <br />express or implied. The recitals in such deed of any matters or facts shall be conclusive proof of Me truthfulness thereof. Any <br />person, including without limitation Trustor, Trustee, or Lender, may purchase at such sale. <br />du As may be permitted by law, after deducting all costs, fees and expenses of Trustee and of this 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 expanded under the <br />terms of this Deed of Trust or under the terms of the Credit Agreement not then repaid, including but not limited to accrued interest <br />and late charges, iii) all other sums Men secured hereby, and (iii) the remainder, if any, to the 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 Lender, and each of them, shall be entitled 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 the Related Documents, or under any char agreement or any laws now or hereafter in force; nomithstanding, <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, deed of trust, pledge, lien, assignment or otherwise. Neither Me 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 his Deed of Trust, shall prejudice or in any manner affect <br />Trustee's or Lenders 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 de, driftetl to enforce this Deed of Trust and any other security now or hereafter held by Lender <br />or Trustee in such order and manner as May or either of Mein may in their absolute discretion determine. No remedy conferred upon or <br />reserved to Trustee or Lender, 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 auction to every other remedy given in this Deed 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 Lender or to <br />which either of Meru may be otherwise entitled, may be exercised, concurrently or independently, from time to time and as often as may be <br />tleemetl expedient by Trustee or Lender, and either of them may pursue inconsistent remedies. Nothing in this Deed of Trust shall be <br />construed! as prohibiting Lender from seeking a deficiency judgment against the Trustor to the extent such action is permitted by law. <br />Election of Remedies. All of Lender's rights and remedies will be cumulative and may be exercised alone or together. If Lender decides to <br />spend money or to perform any of Truelove obligations under this Deed of Trust, after Trustor's failure to do so, that decision by Lender will <br />