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200508394 <br />Loan N: 002003035529 <br />Deed of Trust, continued <br />consent. We may, at Our option, require immediate payment in full of all sums secured by this Deed of Trust. However, We shall <br />not exercise this option if the exercise is prohibited by applicable law as of the date of this Deed of Trust. If We exercise this <br />option. We shall give You notice of acceleration. The notice shall provide a period of not less than 30 days from the date the <br />notice is delivered or mailed within which all sums secured by (his Deed of Trust must be paid. If these sums are not paid prior to <br />the expiration of this period, We may invoke any remedies permitted by this Deed of Trust without further notice or demand on <br />You. <br />14. Default. If You breach any term in this Deed of Trust, or if Borrower fails to perform any obligation under the Agreement, <br />We may, at Our option, declare all sums secured by this Deed of Trust to be immediately due and payable without further demand <br />and may invoke the power of sale under this Deed of Trust and arty other remedies permitted by law. The power of sale conferred <br />by this Deed of Trust is not an exclusive remedy. We may cause this Deed of Trust to be foreclosed as a mortgage. We may <br />collect from You all reasonable costs Incurred in enforcing the terms of this Deed of Trust, including attorney's fees and allocated <br />costs of Our salaried employees. <br />15. Assignment of Rents. As additional security hereunder. You hereby assign to Us the rents of the Property; provided, <br />however, that You shall have, prior to acceleration under Paragraph 14 hereof or abandonment of the Property, the right to collect <br />and retain such rents as (hey become due and payable. <br />16. Futurc Loan Advincc5, Upon Your request, We at Our option may make Future Loan Advances to You or Borrower. Such <br />Future Loan Advances, with interest thereon, shall be secured by this Deed of Trust when evidenced by a promissory note or <br />agreement stating that said note or agreement is so secured. <br />17. Release. Upon payment of all sums secured by this Deed of Trus( and any applicable Early Closure Release Fee or other fees <br />due Us and upon (a) expiration of the Agreement or (b) Your request, We shall release this Deed of Trust and You shall pay all <br />costs of recordation, if any. <br />18. Aonointment of Receiver: Lender in Possession. Upon acceleration under this Deed of Trust or abandonment of the <br />Property, We shall be entitled to have a receiver appointed by a court to enter upon, lake possession of, and manage the Property <br />and collect the rents of the Property including those past due. All rents collected by the receiver shall be applied first to payment of <br />the costs of management of the Property and collection of rents, including but not limited to, receiver's fees and premiums on the <br />receiver's bonds and reasonable attorney's fees and then to the sums secured by this Deed of Trust. The receiver shall be liable to <br />account only for (hose rents actually received. <br />19_ Statement of Qbligation. We may collect a fee for furnishing a statement of obligation in an amount not to exceed (he <br />maximum amount permitted under applicable law. ' <br />20. No Merger. There shall be no merger of the interest or estate created by this Deed of Trust with any other interest or estate in <br />the Property at any time held by or for Our benefit in any capacity, without Our prior written consent. <br />21. Fixture Filing. This Deed of Trust constitutes a financing statement filed as a fixture filing in the Official Records of the <br />County Recorder of the county in which the Property is located with respect to any and all fixtures included within the term <br />"Property" as used in this Deed of Trust and with respect to any goods or other personal property that may now or hereafter <br />become such fixtures. <br />22. Ilard Party Waivers. In (he event that any of You has not also signed the Agreement as Borrower, each of You: (a) agrees <br />that We may, from time to time, wilhout notice to, consent from or demand on You, and without affecting or impairing in any way <br />any of Our rights or Your obligations, (i) renew, extend, accelerate, compromise or change the interest rate or other terms of the <br />Agreement and any promissory note or agreement evidencing a 'Future Loan Advance, and (ii) accept, waive and release other <br />security (including guarantees) for the obligations arising under (he Agreement or any promissory note or agreement evidencing a <br />Future Loan Advance, and (b) waives (i) any right (o require Us to proceed against any Borrower or any other person, proceed <br />against or exhaust any security for the obligations secured by this Deed of Trust or pursue any other remedy in Our power <br />whatsoever, (ii) any defense or right against Us arising out of any disability or other defense or cessation of liability of any <br />Borrower for any reason other than full payment, (iii) any defense or right against Us arising out of Our foreclosure upon the <br />Property, even though such foreclosure results in the loss of any right of sabrogallon, reimbursement or other right You have <br />against any Borrower, (iv) all presentments, diligence, protests, demands and notice of protest, dishonor, and nonperformance, (v) <br />until payment in futi of the indebtedness secured by this Deed of Trust, any right of subrogation or the benefit of any security for <br />MB -2533 Deed of Trust - Nebraska - Rev. 612004 Page 5 of 7 OtWortgage 2.9.0.46 V2 <br />