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<br />DEED OF TRUST <br />(Continued) <br /> <br />200903129 <br /> <br />Page 5 <br /> <br />abaut Trustar's incame, assets, liabilities, ar any ather aspects af Trustar's financial canditian. (B) Trustar daes nat meet the repayment <br />terms af the Credit Agreement. (C) Trustar's actian er inactian adversely affects the callateral ar Lender's rights in the callateral. This <br />can include, far example, failure to' maintain required insurance, waste ar destructive use af the dwelling, failure to' pay taxes, death ef all <br />persens liable an the accaunt, transfer ef title ar sale ef the dwelling, creatian ef a seniar lien an the dwelling witheut Lender's permissian, <br />fareclasure by the halder ef anather lien, er the use ef funds ar the dwelling fer prohibited purpases_ <br /> <br />RIGHTS AND REMEDIES ON DEFAULT. If an Event ef Default accurs under this Deed ef Trust, at any time thereafter, Trustee ar Lender <br />may exercise any ane er mare ef the fellewing rights and remedies: <br /> <br />Acceleration Upon Default; Additional Remedies. If any Event ef Default eccurs as per the terms ef the Credit Agreement <br />secured hereby, Lender may declare all Indebtedness secured by this Deed ef Trust to' be due and payable and the same shall <br />thereupen become due and payable witheut any presentment, demand, pretest ar natice ef any kind. Thereafter, Lender may: <br /> <br />(a) Either in person or by agent, with ar witheut bringing any actien er proceeding, or by a receiver appointed by a ceurt and <br />without regard to' the adequacy ef its security, enter upen and take possession ef the Property, ar any part thereof, in its <br />ewn name or in the name of Trustee, and do any acts which It deems necessary or desirable to' preserve the value, <br />marketability er rentability ef the Property, ar part of the Preperty er interest in the Property; increase the income from the <br />Property or protect the security ef the Praperty; and, with er witheut taking possession of the Property, sue fer er atherwise <br />cellectthe rents, issues and prefits ef the Property, including these past due and unpaid, and apply the same, less cests and <br />expenses of operation and collectien atterneys' fees, to' any indebtedness secured by this Deed ef Trust, all in such erder as <br />Lender may determine. The entering upan and taking pessession of the Property, the collectien ef such rents, issues and <br />prefits, and the application thereaf shall net cure ar waive any default or notice ef default under this Deed of Trust or <br />invalidate any act dane in respanse to such default er pursuant to' such natice ef default; and, netwithstanding the <br />continuance in possessian ef the Property er the cellectien, receipt and applicatian ef rents, issues er prefits, Trustee ar <br />Lender shall be entitled to' exercise every right provided fer in the Credit Agreement er the Related Dacuments ar by law <br />upon the accurrence ef any event ef default, including the right to' exercise the pewer ef sale; <br /> <br />(b) Cammence an actian to' fereclose this Deed ef Trust as a martgage, appaint a receiver er specifically enfarce any af the <br />covenants hereef; and <br /> <br />(c) Deliver to' Trustee a written declaratien ef default and demand fer sale and a written natice ef default and electian to' <br />cause Truster's interest in the Preperty to be said, which natice Trustee shall cause to' be duly filed far recard in the <br />appropriate affices af the Caunty in which the Preperty is lacated; and <br /> <br />(d) With respect to all or any part af the Persanal Property, Lender shall have all the rights and remedies af a secured party <br />under the Nebraska Uniferm Commercial Cade. <br /> <br />Foreclosure by Power of Sale. If Lender elects to' fareclose by exercise af the Pewer ef Sale herein contained, Lender shall netify <br />Trustee and shall deposit with Trustee this Deed af Trust and the Credit Agreement and such receipts and evidence of <br />expenditures made and secured by this Deed ef Trust as Trustee may require. <br /> <br />(a) Upon receipt af such natice fram Lender, Trustee shall cause to' be recarded, published and delivered to' Trustar such <br />Netice of Default and Natice af Sale as then required by law and by this Deed af Trust. Trustee shall, without demand on <br />Trustor, after such time as may then be required by law and after recardatian af such Natice af Default and after Natice af <br />Sale having been given as required by law, sell the Preperty at the time and place af sale fixed by it in such Notice of Sale, <br />either as a whale, ar in separate lets ar parcels er items as Trustee shall deem expedient, and in such order as it may <br />determine, at public auctian to' the highest bidder fer cash in lawful maney ef the United States payable at the time af sale. <br />Trustee shall deliver to' such purchaser er purchasers thereaf its gead and sufficient deed er deeds conveying the praperty sO' <br />seld, but withaut any covenant ar warranty, express er implied. The recitals in such deed ef any matters or facts shall be <br />conclusive preef ef the truthfulness thereaf. Any persan, including witheut limitatien Trustor, Trustee, er Lender, may <br />purchase at such sale. <br /> <br />(b) As may be permitted by law, after deducting all costs, fees and expenses af Trustee and ef this Trust, including casts ef <br />evidence ef title in connection with sale, Trustee shall apply the proceeds ef sale to' payment of (i) all sums expended under <br />the terms af this Deed ef Trust er under the terms ef the Credit Agreement net then repaid, including but nat limited to' <br />accrued interest and late charges, (ii) all ather sums then secured hereby, and (iii) the remainder, if any, to' the persan or <br />persans legally entitled theretO'. <br /> <br />(c) Trustee may in the manner pravided by law pestpene sale ef all er any portion of the Property. <br /> <br />Remedies Not Exclusive. Trustee and Lender, and each af them, shall be entitled to' enferce payment and perfarmance ef any <br />indebtedness or abligatians secured by this Deed ef Trust and to' exercise all rights and pewers under this Deed of Trust, under the <br />Credit Agreement, under any af the Related Documents, ar under any ather agreement ar any laws new ar hereafter in farce; <br />notwithstanding, same ar all af such indebtedness and obligations secured by this Deed ef Trust may new er hereafter be atherwise <br />secured, whether by mertgage, deed af trust, pledge, lien, assignment ar atherwise. Neither the acceptance of this Deed af Trust nar <br />its enfarcement, whether by caurt actien er pursuant to the power ef sale ar ather pewers contained in this Deed af Trust, shall <br />prejudice ar in any manner affect Trustee's or Lender's right to' realize upan er enfarce any ether security naw ar hereafter held by <br />Trustee or Lender, it being agreed that Trustee and Lender, and each ef them, shall be entitled to' enferce this Deed af Trust and any <br />ather security naw ar hereafter held by Lender er Trustee in such arder and manner as they ar either ef them may in their absalute <br />discretien determine. NO' remedy canferred upan er reserved to Trustee or Lender, is intended to' be exclusive ef any ather remedy in <br />this Deed ef Trust er by law pravided ar permitted, but each shall be cumulative and shall be in additian to' every other remedy given in <br />this Deed ef Trust or naw ar hereafter existing at law ar in equity or by statute. Every pawer ar remedy given by the Credit <br />Agreement or any ef the Related Decuments to' Trustee er lender or to which either af them may be etherwise entitled, may be <br />exercised, concurrently ar independently, fram time to' time and as eften as may be deemed expedient by Trustee er Lender, and <br />either ef them may pursue incansistent remedies. Nathing in this Deed of Trust shall be canstrued as prahibiting Lender from seeking <br />a deficiency judgment against the Trustar to' the extent such action is permitted by law. <br />