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201200774
<br /> DEED OF TRUST
<br /> Loan No: 10001302 (Continued) Page 5
<br /> Existi�ng Indebtedness.. The payment of any installment of principal or any interest on the Existing Indebtedness is
<br /> not made within the time requited by the promissory note evidencing sueh indebtedness,or a default occurs under
<br /> the instrument securing such indebtedness and is not cured during any applicable grace period in such instrument,
<br /> or any suit or other action is eommenced to foreclose any existing lien on the Properry.
<br /> Right to Cure. If any default,other than 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 if
<br /> Trustor,after Lender sends written.notice to Trustor demanding cure of such default: (1� cure5 the default within
<br /> twenty (20) days; or (2) if the cure requires more than twenty (20) days, immediately initiates steps whicfi
<br /> Lentler deems in Lentler's sole discretion to be sufficient tn cure the default and Thereafter continues and
<br /> completes all reasonable and necessary steps sufficient to produce compliance as soon as�easonably practicaL �
<br /> RIGHTS AND REMEDIES ON DEFAULT. If an EveM of Default occurs under this Deed of Trust,at any time thereafter,
<br /> Trustee or Lender may exercise any one or more of the folloeving rights and remedies:
<br /> Acceleration lipon Default;Additional Remedies. If any Event of Default occurs as per the terms of the Note
<br /> sacured hereby,.Lender may dedare all Indebtedness secured by this Deed of Trust to be due and payahle and
<br /> � the same shalt thereupon become due and payable without any presentment,demand,protest or notice of any �
<br /> kind. Thereafter,Lender may:
<br /> (a) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver
<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 any acts which it �
<br /> deems necessary or desiretile 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 taking possession of the Property, sue for or otherwise collect the
<br /> rents,issues and profits of the Property, including those past due.and unpaid,and apply 41ie same,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 /> Property, the collection ofi such rents, issues and profits, a�d the appliaation thereof shall noY cure or
<br /> waive any default or notice of default under this�eed 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 /> ihe 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 specificaily
<br /> enforce any of the covenants hereof;and
<br /> (c) �eliver to Ttustee a written declaration of default and demand for sale and a written notice of default
<br /> and election to cause Trustor's interest in the Property to be sold,which notice Trustee shall cause io be
<br /> duly filed for record in the 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
<br /> of a secured party under the Nebreska Uniform Commercial Code.
<br /> Foreclosure by Power of Sale. if Lender elects�to foreclose by exercise o#the Power of Sale herein contained,
<br /> Lender shall notify Trustee and shall deposit with Trustee this Deed of Trust and 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 Notice of DefaWt 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 law and after
<br /> recordation of such Notice of Default and after Notice of Sale having been given as required by law,sel�l �
<br /> the Property at the time and�place of sale fixed by it in such Notice of Sale, eiUier as a whole, or in
<br /> separate lots or parcels or items as Trustee shall deem expedient,and in such order as it may determine, �
<br /> at public auction to the highest bidder for cash in lawful money of the United States payabfe 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 condusive proof of the truthfulness thereof. Any
<br /> person,.inciuding 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 sale
<br /> to payment of (i)all sums expended under the terms of this Deed of Trust or under the terms of the Note
<br /> � noC then.repaid, induding but not limited to accrued interest and late charges, (ii� all other sums then
<br /> secured hereby,and (iii)the remainder,if any,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 6cclusive. Trustee and Lender, and each of them, shall be entitled to enforce paymeni 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 DocumeMS,or under any other agreement or
<br /> any laws now or hereafter in force;notwithstanding,some or all of such indebtedness and o6ligations secured by
<br /> this Deed of Trust may now or hereafter be oFherwise secured,whether by mortgage,deed of trust,pledge,lien,
<br /> assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, whether by court
<br /> action or pursuant to the power of sale or other powe�s contained in this Deed of Trust,shall prejudice or in any
<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,�sfiall be entitled to enforce this Deed
<br /> of Trust artd any other security now or hereaiter held by Lender or Trustee in such order and manner as they o�
<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 ofi Trust or now or
<br /> hereafter existing at 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, may be exercised,
<br /> concurrently or independently,from time to time and as ofiten as may be deemed expedient by Trustee o�Lender,
<br /> and either of them may pursue inconsistent remedies. Nothing in this Deed of Trust shafl be construed as
<br /> prohibiting Lender from seeking a deficiency judgment against the Ttustor to the extent such action is permitted by
<br /> iaw.
<br /> Election ofi Remedies. All of Lender's rights and remedies will be cumulative a�d may be exercised alone or
<br /> � together. If Lender decides to spend money or to perform any of Trustor's obligations under this Deed of TrusL
<br /> after Trustor's failure to do so,that decision by Lender will not affect Lender's right to dedare Trustor in default
<br /> and to exercise Lender's remedies.
<br /> Request for Notice. Trustor,on behalf of Trustor and Lender;hereby requests that a 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.
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