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DEED OF TRUST 2 012 0 0 61 � <br />(Continued) Page 5 <br />Insecur"tty. Lender in good faith believes itself insecure. <br />Rfght to Cure. If any default, other then a default in payment is curable and if Trustor has not been given a notice <br />of a breach of the same provision of this Deed of Trust within the preceding twelve (12) months, it may be cured (f <br />Trustor, after Lender sends written notice to Trustor demanding cure of such default: (1) cures the default within <br />twenty (20) days; or (2) if the cure requires more than twenty (20) days, immediately initiates steps which <br />Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and <br />completes all reasonable and necessery steps sufficient to produce complience as soon as reasonably practical. <br />RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust, at any tlme thereafter, <br />Trustee or Lender may exerclse any one or more of the following rights and remedies: <br />Acceleratlon Upon Default; Additional Remedies. If any Event of Default occurs as per the terma of the Note <br />secured hereby, Lender may declare all Indebtedness secured by this Deed of Trust to be due and peyebla and <br />the same shall thereupon become due end payable without any presentment, demand, protest or notice of eny <br />kind. Thereafter, Lender may: <br />(a) Either in person or by agent, with or without bringtng any action or proceeding, or by a recelver <br />appointed by a court and without regard to the adequacy of its security, enter upon and take possession <br />of the Property, or any part thereof, in its own name or in the name of Trustee, and do eny acts which it <br />deems necessary or desirable to preserve the value, marketability or rentability of the Property, or part of <br />the Property or interest in the Property; increase the income from the Property or protect the security of <br />the Property; and, with or without teking possession of the Property, sue for or otherwiae collect the <br />rents, issues and profits of the Property, including those past due and unpaid, and apply the seme, less <br />costs and expenses of operation and collection attorneys' fees, to any indebtedness secured by this Deed <br />of Trust, all in such order as Lender may determine. The entering upon and taking possession of the <br />Properry, the collection of such rents, issues and proflts, and the application thereof shall not cure or <br />waive any default or notice of default under this Deed of Trust or invalidate any act done in response to <br />such default or pursuant to such notice of default; and, notwithstanding the continuance in possession of <br />the Property or the collection, receipt and application of rents, issues or profits, Trustee or Lender shall <br />be entitled to exercise every right provided for in the Note or the Related Documents or by law upon the <br />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 <br />enforce any of the covenants heraof; and <br />(c) Deliver to Trustee a written declaration of default and demand for sale and a written notice of defeult <br />and election to ceuse Trustor's interest in the Property to be sold, which notice Trustee shall cause to be <br />duly filed for record in the appropriete offices of the County in which the Proparty is loceted; and <br />(d) With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies <br />of a secured party 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, <br />Lender shall notify Trustee and shall deposit with Trustee this Deed of Trust end the Note and such receipts <br />and evidence of 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 <br />to Trustor such IVotice of Default and Notice of Sale as then required by law and by this Deed of Trust. <br />Trustee shall, without demand on Trustor, after such time as may then be required by lew and after <br />recordation of such Notice of Default and after Notice of Sale having been given as required by law, sell <br />the Property at the time and place of sale fixed by it in such Notice of Sale, either as a whole, or in <br />separate lots or parcels or items as Trustee shall deem expedient, end in such order as it may determine, <br />at public auction to the highest bidder for cash in lawful money of the United States payable at the time <br />of sale. Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient deed or <br />deeds conveying the property so sold, but without any covenant or warranty, express or implied. The <br />recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any <br />person, including without limitation Trustor, Trustee, or Lender, may purchase at such sale. <br />(b) As may be permitted by law, after deducting all costs, fees and expenses of Trustee and of this <br />Trust, including costs of evidence of title in connection with sale, Trustee shall apply the proceeds of sele <br />to payment of Ii) all sums expended under the terms of this Deed of Trust or under the terms of the Note <br />not then repaid, including but not limtted to accrued interest and late charges, (ii) all other sums then <br />secured hereby, and (ilil the remainder, if eny, to the person or 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 Eacclusive. Trustee and Lender, and each of them, shall be entitled to enforce payment and <br />performance of any indebtedness or obligations secured by this Deed of Trust and to exercise all rights and powers <br />under this Deed of Trust, under the Note, under any of the Related Documents, or under eny other agreement or <br />any laws now or hereafter in force; notwithstanding, some or all of such indebtedness and obtigations secured by <br />this Deed of Trust may now or hereafter be othenivise secured, whether by mortgage, deed of trust, pledge, lien, <br />assignment or otherwise. Neither the ecceptance of thls Deed of T�ust nor its enforcement, whether by court <br />action or pursuant to the power of sale or other powera conteined in this Deed of Trust, shell preJudlce or in eny <br />manner affect Trustee's or Lender's right to realize upon or enforce any other security now or hereafter held by <br />Trustee or Lender, it being agreed that Trustee and Lender, and each of them, shall be entitled to enforce this Deed <br />of Trust and any other security now or hereafter held by Lender or Trustee in such order and manner es they or <br />either of them may in their absolute discretion determine. No remedy conferred upon or reserved to Trustee or <br />Lender, is intended to be exclusive of any other remedy in this Deed of Trust or by law provided or permitted, but <br />each shall be cumulative and shall be in addition to every other remedy given in this Deed of Trust or now or <br />hereafter existing et law or in equity or by statute. Every power or remedy given by the Note or any of the Related <br />Documents to Trustee or Lender or to which either of them may be otherwise entitled, mey be exercised, <br />concurrently or independently, from time to tfine and as often as may be deemed expedient by Trustee or Lender, <br />and either of them may pursue inconsistent remedies. Nothing in this Deed of Trust shall be construed as <br />prohibiting Lender from seeking a deficiency judgment against the Trustor to the extent such action is perm(tted by <br />law. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and en election to <br />make expenditures or to take action to perform an obligation of Trustor under this Deed of Trust, after Truator's <br />failure to perform, shall not affect Lender's right to declare a default and exercise its remedies. <br />Request for Nodce. Trustor, on behalf of Trustor and Lender, hereby requests that e copy of any Notice of Default <br />and a copy of any Notice of Sale under this Deed of Trust be mailed to them at the addresses set forth in the first <br />paragraph of this Deed of Trust. <br />Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Deed of <br />Trust, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial <br />and upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, all <br />reasonable expenses Lender incurs that in Lender's opinion are necessary et any time for the protection of its <br />interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear <br />� V <br />