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2oiooos~i <br />DEED OF TRUST <br />Loan No: 872057808 (Continued) Page 4 <br />FURTHER ASSURANCES; ATTORNEYaN•FACT. The following provisions relating to further assurences and attorney-in-fact are a part of <br />this Deed of TrU$t: <br />Further Asaurencoo. At any time, and from lima to time, upon request of Len[lar, TRlstpr will make, execute and deliver, Or will cause <br />to be made, executed or delivered, to Larder. or to Lenders designee, aril when requested hY Larder, cause to ba filed, remrcled, <br />raffled, or rerecorded, as the case may ba, at such times and in such offices and places as Lander may deem appropriate, any and all <br />such mortgages, deeds of trust, security deeds, security agreements, flnarrcing statemerns, oorninuation statements, instruments of <br />further assurance, certificates, and other documents as may, in the sde opinion of Lender, be necessary or desirable in order to <br />effectuate, complete, perfect, continue, or preserve (1) Trustors obligations under the Credit P,gr6eIT10pt, this Deed of Trust, and <br />the Related Documents, and (2) the liens and security irnerests treated by this Deed of Trust as first and prior liens on the Property, <br />whether now Awned or hereafter acquired 6y Trustor. Unless prohibited by law or Lender agrees to the cornrary in writing, Trustor <br />shah reimburse Lender for aN costs and expenses incurred in conrrectlan with the matters referred to in this paragraph. <br />Attornayan-Fact. If Trustor fails to do any of the things referred to in the preceding paragraph, Larder may do so for and in the name <br />of Trustor and at Trustors expanse. Far such purposes, Trustor hereby irrevocably appoints Lender as Trustors attorney-in-fact for <br />the purpose of making, executing, delivering, filing, recording, and ddng all other things as may ba necessary or desirable, In Lenders <br />ode opirwon, tp accampNsh the matters referred to in the preceding paragraph. <br />FULL PERFORMANCE. If Trustor pays aN the Indebtedness when due, temninates the credit line account, and otherwise performs all the <br />a6ligaflans imposed upon Trustor under this Dead of Trust, Larder shall execute and deliver to Trustee a request for full rerp~veyartca and <br />shall execute and deliver to Trustor suitable statements of termination of any financing statement on file avidancirg Larders security <br />Interest In the Pierre erd d,e Personal Properly. Any reoonveyarrce fee required by law shall be paid 6y Trustor, if permitted by appNcable <br />law. <br />EVENTS OF DEFAULT. Trustor will be In default under this Deed of Trust if any of the following happen: (A) Trustor commits fraud er <br />makes a material misrepresentation at any time in connection with the Credit Agreement. This can include, for example, a false statement <br />about Trustors Income, assets, liabilities, or any other aspects of Trustors financial condltlon. (6) Trustor does not meet the repayment <br />terms of the Credit Agreement. (C) Trustors action or inaction adversely affects the collateral or Lenders 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 texas, death of ati <br />persons liable on the account, transfer of title or sale of the dwelling, creation of a senior lien on the dwelling without Lenders pemnissiOn, <br />foreclosure by the hdder of another lien, or the use of funds or the dwelling for prohibited purposes. <br />RIOHT8 AND REMEDIES ON DEFAULT. If an Cvent pf DefauN occurs under this bead of Trust, at any time thereafter, trustee or Lender <br />may exercise any one or mxxre of the following rights and remedies: <br />Aeularation Upon Default; Additional Remedies. If any Event of DefauN occurs as per the temps of the Credit Agreement <br />secured hereby, Lender miry dadare aN Indebtedness secured by this Deed of Trust to be due and payable and the same shah <br />thereupon tx9carna due and payable without any presentment, demand, protest or notice of any kind. Thereafter, Lender may: <br />(a) Father in person or by agarrt, with or without bringing any action ar proceedirg, or by a receiver appoNited 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 />Awn rx~ma or in the Warne of Trustee, and do any acts which it deelr~s necessary or desirable to preserve the value, <br />marketability or rentability of the Property, or part of the Property or interest in the Property; incnsase the Income from the <br />Properly or protect the se«,rity of the Property; and, with or without taking possession of the Property, sue far or pmerwlse <br />cpllect the rents, issues and profits of the Properly, 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 bead of Trust, all in such order a6 <br />Lander may determline. The eMerirrg upon and taking possessirnt of the Property, the collection of such rents, issues and <br />profits, and the application thereof shall not cure or waive any defauN or notice of default under this Deed of Trust or <br />invalidate any act done In response to such dafauN or pursuarn to such rrotice of default; and, notwithstanding the <br />Continuance in possesson of the Property qr the Collection, receipt and application of rents, Issues or profits, Trostee or <br />Lender shall ba entitled to exerese every right provided for in the Credo Agreement or the Related Documents or by law <br />upon the occurrerxxj of arty event of default, inducting the right to exerdae the power of sale; <br />(b) Cornrnence an action to foredase this Dead of Trust as a mortgage, appolrn a receiver or speclfically 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 Trustors interest in the Property to be sold, which notim Trustee shall cause to ba 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, Larder shall have all the rights and remedies of a secured party <br />under the Nebraska Uniform Gommerdal Code. <br />Foreclosure by Power of Sals. If Lender elects tp foreck>se by exercise of the Power of Sale herein captained, Larder shall notify <br />Trustee and shaft 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 mtay require. <br />(a) UPOn receipt of such notice from Larder, Trustee shall cause to be recorded, published and delivered to Trustnr such <br />Notice of DefauN and Notice of Sale as then required by law and by thla Deed of Trust. Trustee shall, without demand on <br />Trustor, after such time as may then he required by law and after retardation of such Notice of Default and after Noflce of <br />Sale having been given as required by law, sell the Property at the time and place of Bale 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 expediern, and in such ardor as it may <br />determine, et public auction to the highest tHdder for rash in lawful money of the United States payable at the lima of sale. <br />Trustee shall deliver to such purohaser 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 parson, inducting without limitation Trustor, Trustee, a Larder, may <br />purohase at such sale. <br />(b) Aa may 6e permitted by law, after deducting all costs, fees and expenses of Trustee and of this Trust, including costs of <br />avidente of title in Connection with sale, Trustee shall apply the proceeds of sale to paynrern of (i) all sums expended under <br />the terms of this Dead of Trust or under the terms of the Credit Agreement pot than repaid, including but not limited to <br />a4G'Ued interest and late charges, (ii) all other sums than secured hereby, and (iii) the remdnder, if any, to the parson or <br />parsons legally entitled thereto. <br />(c) Trustee may in the manner provided by law postpone sate of all or any portion of the Property. <br />Remedios Not Exclusive. Trustee and Lender, end 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, soma or all of such indebtedness and obligations secured by this Deed of Trust may now or hereafter ba otherwise <br />secured, whether 6y mortgage, deed of trust, pledge, lien, assignment ar 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 or in any manner affect Trustee's or Lenders right to realize upon or enforce any other security now or hereafter held by <br />Trustee or Lander, it being agreed that Trustee and Lander, and each of them, shall be entltied to enforce this Deed of Trust and any <br />other security now or hereafter held by Lender or Trustee in such order and manner as they or either of them may In their absolute <br />discretion determine. No remedy conferred upon or reserved to Trustee or Lender, is intended to be exclusive of any other remedy in <br />this Dead of Trust or by law provided or permitted, but each shalt be cumulative and shall be in addition to every other remedy given in <br />this Deed of Trust or now or hereafter exlating at law or In equity or by statute. Every power or remedy given 6y the Credit <br />Agreement or any of the Related Documents to Trustee or Lender or to which either of them may ba otherwise entitled, may ba <br />exercised, concurcently or independently, from time to time and as often as may be deemed expedient by Trostea or Lander, and <br />either of them may pursue Inconsistent remedies. Nothing in this Deed of Trust shah be construed as prohibiting Lender from seeking <br />a deficiency judgment against the Trustor to the extent such action is permitted by law. <br />