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DEED OF TRUST <br />Loan No: 10051 200213627 (Continued) Paget <br />Lender's interests in the Property, then Lender on Trustor's behalf may, but is not required to, take any action that Lender believes to be <br />appropriate to protect Lender's interests. All expenses incurred or paid by Lender for such purposes will then bear interest at the rata charged <br />under Me Note from the date Incurred or paid by Lender to the date of repayment by Trustor. All such expenses will became a part of the <br />Indebtedness and, at Lender's option, will (A) be payable on demand; (B) be added to the balance of the Note and be apportioned among and <br />be payable with any installment payments to become due during either (1) the tens of any applicable insurance policy; or (2) the remaining <br />term of the Note; or (C) be treated as a balloon payment which will be due and payable at the Note's maturity. <br />WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property, are a part of this Deed of Trust: <br />Title. Trustor warrants that: (a) Trustor holds good and marketable title of record to the Property in fee simple, free and clear of all liens and <br />encumbrances other Man those set forth in the Real Property description or in Me Existing Indebtedness section below or in any title <br />insurance policy, title report, or final title opinion issued in favor of, and accepted by, Lender in connection with this Deed of Trust, and (b) <br />Trustor has the full right, power, and authority to execute and deliver this Deed of Trust to Lender. <br />Defense of Title. Subject to the exception in Me paragraph above, Trustor warrants and will forever defend the title to the Property against <br />the lawful claims of all persons. <br />EXISTING INDEBTEDNESS. The following phwsione concerning Existing Indebtedness are a part of MIS Deed of Trust: <br />Existing Lien. The lien of this Deed of Trust securing the Indebtedness may be secondary and inferior to an existing lien. Trustor expressly <br />covenants and agrees to pay, or see to the payment of, the Existing Indebtedness and to prevent any default on such indebtedness, any <br />default under the instruments evidencing such indebtedness, or any default under any security documents for such indebtedness. <br />EVENTS OF DEFAULT. At Lender's option, Trustor will be in default under this Deed of Trust if any of the following happen: <br />Payment Default. Trustor fails to make any payment when due under the Indebtedness, <br />Break Other Promises. Trustor breaks any promise made to Lender or fails to perform promptly at the time and strictly in Me manner <br />provided in this Dead of Trust or in any agreement related to this Dead of Trust. <br />Compliance Default. Failure to comply with any other tens, obligation, covenant or condition contained in this Deed of Trust, the Note or in <br />any of the Related Documents. <br />Default an Other Payments. Failure of Trustor within the time required by this Deed of Trust to make any payment for taxes or insurance, or <br />any other payment necessary to prevent filing of or to effect discharge of any lien. <br />Death or Insolvency. The death of Truster, the insolvency of Trustor, the appointment of a receiver for any part of Trustor's property, any <br />assignment for the benefit of creditors, any type of creditor workout, or Me commencement of any proceeding under any bankruptcy or <br />insolvency laws by or against Trustor. <br />Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party <br />of any of the Indebtedness or any guarantor, endorser, surety , or accommotlation party dies or becomes incompetent, or revokes or disputes <br />the validity of, or liability under, any Guaranty of Me Indebtedness, In the event of a tleath, Lender, at its option, may, but shall not be <br />required to, permit the guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to <br />Lentler, and, in doing so, cure any Event of Default. <br />Insecurity. Lender in good faith believes itself insecure. <br />Existing Indebtedness. The payment of any installment of principal or any interest on the Existing Indebtedness is not made within the time <br />required by the promissory note evidencing such indebtedness, or a default occurs under the instrument securing such indebtedness and is <br />not cured during any applicable grace period in such instrument, or any suit or other action is commenced to foreclose any existing lien on <br />the Property. <br />RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Event of Default under any intlebtetlness, rn should Trustor fail to comply <br />with any of Trustor's obligations under this Deed of Trust, Trustee or Lender may 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 Me terms of the Note secured hereby, Lender <br />may declare all Indebtedness secured by this Deed of Trust to be due and payable and the same shall thereupon become due and <br />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 M the adequacy of its security, enter upon and take possession of the Properly, 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 Me value, marketability or rentability <br />of the Property, or pad of the Property or interest in the Property; increase Me income from Me Property or protect Me security of <br />the Property; and, with or without taking possession of the Property, sue for or otherwise collect the rents, issues and profits of the <br />Property, including those past due and unpeit, and apply the same, less costs and expenses of operation and collection attorneys' <br />fees, to any indebtedness secured by this Deed of Trust, all in such order as Lender may determine. The entering upon and taking <br />possession of the Property, the 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 to 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 Me Note or the Related <br />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 Deed of Trust as a mortgage, appoint a receiver or specifically enforce any of the <br />covenants hereof; and <br />of 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 the Property is located, and <br />(d) With respect to all or any pad of Me Personal Property, Lender shall have all Me 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 deperit with Trustee this Dead of Trust and the Note and such receipts ,red w•klerry -m expenditures mucks and <br />secured 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 M Trustor such Notice <br />of Default and Notice of Sale as then required by law and by this Deed of Trust Trustee shall, without demand on Truster, after <br />such time as may then 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 the United States payable at the time of sale. Trustee shall deliver to such purchaser or <br />purchasers thereof its good and sufficient tleetl or deeds conveying the property so sold, but without any covenant or warranty, <br />express or implied. The reches in such tleetl 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 permitted by law, after deducting all costs, fees and expenses of Trustee and of this Trust, including casts 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 />tarts of this Deed of Trust or under the terms of the Note not then repaid, including but not limited to accrued interest and late <br />charges, (in all other sums then secured hereby, and (iii) the remainder, if any, to the person or persons legally entitled thereto. <br />(c) Trustee may in the manner provided by law postpone sale of all or any portion of Me 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 Me Note, <br />under any of the Related Documents, or under any other agreement or any laws now or hereafter in force; notwithstanding, some or all of <br />