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<br /> DEED of TRUST 200907078
<br /> Loan No: 1292$1 (Continued) Page 2
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<br /> to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender, together with such other
<br /> hazard and liability insurance as Lender may reasonably require, Policies shall be written in form, amounts, coverages and basis
<br /> reasonably acceptable to Lender and issued by a company or companies reasonably acceptable to Lender. Trustor, upon request of
<br /> Lender, will deliver to Lender from time to time the policies or certificates of insurance in form satisfactory to Lender, including
<br /> stipulations that coverages will not be cancelled or diminished without at least ten (10) days prior written notice to Lender. Each
<br /> insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any
<br /> act, omission or default of Trustor or any other person, Should the Real Property be located in an area designated by the Director of
<br /> the Federal Emergency Management Agency as a special flood hazard area, Trustor agrees to obtain and maintain Federal Flood
<br /> Insurance, if available, for the maximum amount of Trustor's credit line and the full unpaid principal balance of any prior liens on the
<br /> property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required
<br /> by Lender, and to maintain such insurance for the term of the loan,
<br /> LENDER'S EXPENDITURES. If Trustor fails (A) to keep the Property free of all taxes, liens, security interests, encumbrances, and other
<br /> claims, (B) to provide any required insurance on the Property, (C) to make repairs to the Property or to comply with any obligation to
<br /> maintain Existing Indebtedness in good standing as required below, then Lender may do so. If any action or proceeding is commenced that
<br /> would materially affect Lender's interests in the Property, then Lender on Trustor's behalf may, but is not required to, take any action that
<br /> Lender believes to be appropriate to protect Lender's interests. All expenses incurred or paid by Lender for such purposes will then bear
<br /> interest at the rate charged under the Credit Agreement from the date incurred or paid by Lender to the date of repayment by Trustor. All
<br /> such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; (B) be added to the
<br /> balance of the Credit Agreement and be apportioned among and be payable with any installment payments to become due during either (1)
<br /> the term of any applicable insurance policy; or (2) the remaining term of the Credit Agreement; or (C) be treated as a balloon payment
<br /> which will be due and payable at the Credit Agreement'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
<br /> liens and encumbrances other than those set forth in the Real Property description or in the Existing Indebtedness section below or in
<br /> any title insurance policy, title report, or final title opinion issued in favor of, and accepted by, Lender in connection with this Deed of
<br /> Trust, and (b) 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 the paragraph above, Trustor warrants and will forever defend the title to the Property
<br /> against the lawful claims of all persons.
<br /> EXISTING INDEBTEDNESS. The following provisions concerning Existing Indebtedness are a part of this 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
<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 Deed of Trust if any of the following happen: (A) 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 Trustor's income, assets, liabilities, or any other aspects of Trustor's financial condition. (B) Trustor does not meet the repayment
<br /> terms of the Credit Agreement. (C) Trustor's action or inaction adversely affects the collateral or Lender's rights in the collateral. This
<br /> can include, for example, failure to maintain required insurance, waste or destructive use of the dwelling, failure to pay taxes, death of all
<br /> persons liable on the account, transfer of title or sale of the dwelling, creation of a senior lien on the dwelling without Lender's permission,
<br /> 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 Trustor fail to
<br /> comply with any of Trustor's obligations under this Deed of Trust, Trustee or Lender may exercise any one or more of the following rights
<br /> 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 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
<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 notice 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 or 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 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 /> (c) 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 /> (d) 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 /> (a) 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 Sale as then required by law and by this Dead of Trust. Trustee shall, without demand on
<br /> Trustor, after such time as may then be required by law and after recordation of such Notice of Default and after Notice of
<br /> Sale 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 or 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 /> (b) 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 the proceeds of sale to payment of (i) 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, (ii) all other sums then secured hereby, and (iii) the remainder, if any, to the person or
<br /> persons legally entitled 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 ~1,
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