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<br />Loan No: 101223559 <br />DEED OF TRUST 2 ~ ~ 9 0 6 615 <br />(Continued) <br />Page 3 <br />EXISTING INDEBTEDNESS. The following provisions concerning Existing Indebtedness are a part of this peed 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 <br />expressly covenants and agrees to pay, or see to the payment of, the Existing Indebtedness and to prevent any default on such <br />indebtedness, any default under the instruments evidencing such indebtedness, or any default under any security documents for such <br />indebtedness. <br />EVENTS OF DEFAULT. Trustor will be in default under this Dead of Trust if any of the following happen: IA- Trustor commits fraud or <br />makes a material misrepresentation at any time in connection with the Credit Agreement. This can include, for example, a false statement <br />about Borrower's or Trustor's income, assets, liabilities, or any other aspects of Borrower's or Trustor's financial condition. (B) Borrower <br />does not meet the repayment terms of the Credit Agreement. IC1 Trustor's action or inaction adversely affects the collateral or Lender's <br />rights in the collateral. This can include, for example, failure to maintain required insurance, waste or destructive use of the dwelling, <br />failure to pay taxes, death of all persons liable on the account, transfer of title or sale of the dwelling, creation of a senior lien on the <br />dwelling without Lender's permission, foreclosure by the holder of another lien, or the use of funds or the dwelling for prohibited purposes. <br />RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Event of Default under any indebtedness, or should Borrower or <br />Trustor fail to comply with any of Borrower's or Trustor's obligations under this Deed of Trust, Trustee or Lender may exercise any one or <br />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 <br />secured hereby, Lender may declare all Indebtedness secured by this Deed of Trust to be due and payable and the same shall <br />thereupon become due and payable without any presefltment, demand, protest or notice of any kind. Thereafter, Lender may: <br />la1 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 <br />own name or in the name of Trustee, and do any acts which it deems necessary or desirable to preserve the value, <br />marketability or rentability of the Property, or part of the Property or interest in the Property; increase the income from the <br />Property or protect the security of the Property; and, with or without taking possession of the Property, sue for or otherwise <br />collect the rents, issues and profits of the Property, including those past due and unpaid, and apply the same, less costs and <br />expenses of operation and collection attorneys' fees, to any indebtedness secured by this Deed of Trust, all in such order as <br />Lender may determine. The entering upon and taking possession of the Property, the collection of such rents, issues and <br />profits, and the application thereof shall not cure or waive any default or native of default under this Deed of Trust or <br />invalidate any act done in response to such default or pursuant to such notice of default; and, notwithstanding the <br />continuance in possession of the Property or the collection, receipt and application of rents, issues ar profits, Trustee or <br />Lender shall be entitled to exercise every right provided for in the Credit Agreement or the Related Documents or by law <br />upon the occurrence of any avant of default, Including the right to exercise the power of sale; <br />Ib) 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 />Ic1 Deliver to Trustee a written declaration of default and demand for sale and a written notice of default and election to <br />cause Trustor's interest in the Property to be sold, which notice Trustee shall cause to be duly filed for record in the <br />appropriate offices of the County in which the Property is located; and <br />Id- With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party <br />under the Nebraska Uniform Commercial Code. <br />Foreclosure by Power of Sale. If Lender elects to foreclose by exercise of the Power of Sale herein contained, Lender shall notify <br />Trustee and shall deposit with Trustee this Deed of Trust and the Credit Agreement and such receipts and evidence of <br />expenditures made and secured by this Deed of Trust as Trustee may require, <br />Ia1 Upon receipt of such notice from Lender, Trustee shall cause to be recorded, published and delivered to Trustor such <br />Notice of Default and Notice of Sals as then required by law and by this Deed of Trust. Trustee shall, without demand on <br />Trustor, after such tams as may then be required by law and after recordation of such Notice of Default and after Notice of <br />Sala having been given as required~by law, sell the Property at the time and place of sale fixed by it in such Notice of Sale, <br />either as a whole, or in separate lots or parcels or items as Trustee shall deem expedient, and in such order as it may <br />determine, at public auction to the highest bidder for cash in lawful money of the United States payable at the time of sale. <br />Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient deed or deeds conveying the property so <br />sold, but without any covenant ar warranty, express or implied. The recitals in such deed of any matters or facts shall be <br />conclusive proof of the truthfulness thereof. Any person, including without limitation Trustor, Trustee, or Lender, may <br />purchase at such sale. <br />ib1 As may be permitted by law, after deducting all costs, fees and expanses of Trustee and of this Trust, including costs of <br />evidence of title in connection with sale, Trustee shall apply the proceeds of sale to payment of Ii1 all sums expended under <br />the terms of this Deed of Trust or under the terms of the Credit Agreement not then repaid, including but not limited to <br />accrued interest and late charges, iii) all other sums then secured hereby, and (iii) the remainder, if any, to the person or <br />persons legally entitled thereto. <br />Ic1 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 <br />Credit Agreement, under any of the Related Documents, or under any other agreement or any laws now or hereafter in force; <br />notwithstanding, some or all of such indebtedness and obligations secured by this Deed of Trust may now or hereafter be otherwise <br />secured, whether by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor <br />its enforcement, whether by court action or pursuant to the power of sale or other powers contained in this Deed of Trust, shall <br />prejudice ar in any manner affect Trustee's or Lender's right to realize upon or enforce any other security now or hereafter held by <br />