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� 201200919 DEED OF TRUST Loan No: 10000758 (COntillUed) Page 5 Ezisting Indebtedness. The payment of any installmen�of principal or any interest on the Existing Indebtedness is not made within the time required by the promissory note evidencing such indebtedness,or a default occurs under the instrument securing such intlebtedness and is not cured during any applicable grace period in such instrument, or any suit ot other action is commenced to foreclose any ezisting lien on ttie Property. Right to Cure. If any default,.other than a default in payment is curable and if Trustor has not been given a notice of a breach of the same provision of this Deed of Trust within the preceding twelve(12)months,it may be cured if - Trustor,after Lender sends written notice to Trustor demanding cure of such default: (1) cures the default within twenty (20) days; or (2) if the cure requires more than twenty (20) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce�compliance as soon as reasonably practical. RI6HTS AND RElVIEDIES ON DEPAULT. If an Event of Default occurs under this Deed of Trust,at any time thereafter, . Trustee or Lender may exercise any one or more of the following rights and remedies: � Acceleration Upon Default;Additional Remedies. If any Event of Default occurs as per the terms of the Note secured hereby,Lender may declare all Indebtedness secured by this Deed of Trust to be due and paya6le and the same shall thereupon become due and payable without any presentment,demand,protest or notice of any kind. Thereafter,Lender may: (a) Either in person or by agent, with or without bringing any action or proceeding, or tiy a receiver appointed by a court and without regard to the adequacy of its security,enter upon and take possession . of the Property,or any part thereof,in its own name or in the name of Trustee,and do any acts which it . deems necessary or desirable to preserve tF�e value,marketability or rentability of the PYOperty,or part of the ProperYy or interest in the Property;increase the income from the Property or protect the security of the Property; and, with or without taking possession of the Property, sue for or otherwise collect the rents,issues and profits of the Property,including those past due and unpaid,and apply the same,less - costs and expenses of operation and collection attorneys'fees,to any indebtedness secured by this Deed oi Trust, allin such order as Lender may determine. The entering upon and taking possession of the Property, the collection of such rents, issues and profits, and the application thereof shall not cure or waive any default or notice oi default under this Deed of Trust or invalidate any act done in response Yo such default or pursuant to such notice of default;and,notwithstanding the continuance in possession of the Property or the collection, receipt and application�of rents,issues or profits,Trustee or Le�der shall be entitled to exercise every right provided for in the Note or the Related Documents or by law upon the occurrence of any event of defauit,indudi�g the right to ezercise the power of sale; (b) Commence an action to foredose this Deed of Trust as a mortgage,appoint a receiver or specifically � enforce any of the covenants hereof;and � (c) Deliver to Trustee a written declaretion of tlefault a�d demand for sale and a written notice of default and election to cause Trustor's interest in the Property to be sold,which notice Trustee shall cause to be duly filed for record i�the appropriate offices of the County in which the Property is located;and (d) With respect to all or any part of the Personal Property,Lender shall have all the rights and remetlies of a secured party under the Nebraska Uniform Commercial Code. � � Foreclosure by Power of Sale. If Lender elects to foreclose by exercise of the Power of Sale herein.contained, Lender shall notify Trustee and shall deposit with Trustee this Deed of Trust and the Note and such receipts and evidence of expenditures made and secured by this Deed of Trust as Trustee may require. (a) Upori receipt of such notice from Lender,Trustee shall cause to be recorded,pu6lished and delivered to Trustor such Notice of Default and Novice of Sale as then required by law and by this Deed of Trust. Trustee shall, without demand on Truster, 2#ter such time as may thert be required�6y law and after recordation of such Notice of Default and after Notice of 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, either as a whole, or in separate lots or parcels or items as Trustee shall deem expedient,and in such order as it may determine, at public auction to the higliest bidder for cash in lawful money of the United�States payable at the time of sale. Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient deed or deeds conveying the property so sold, buti without any covenant or warranty, express or implied. The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person,including without IimfTation Trustor,Trustee,or Lender,may purchase at such sale. (b) As may be permitted by law, after deducting all costs, fees and expenses of Trustee and of this Trust,including costs of evidence of title in connection with sale,Trustee shali apply the proceeds of sale � to payment of (i)all sums expended under the terms of tNis Deed of Trust or under the terms of the Note � not then repaid, including but not limited to accrued interest and late charges, (i1 all other sums then secured hereby,and (iii)the remainder,if any,to the person or persons legally entitled thereto. (c) Trustee may in the manner provided by law postpone sale of all or any portion of tBe Proper[y. Remedies Not Exclusive. Trustee and lender, and ea.ch of them, shall be entiUed to enforce payment and performance of any indebtedness or obligations secured by this Deed of Trust and to exercise alt rights and powers under this Deed of Trust,under the Note,under any of the Related Documents,or under any other agreement or any laws now or hereafter in force;notwithstanding,some or all of such indebtedness and o6ligations secured tiy this Deed of Trust may now or hereafter be otherwise secured,whether by mortgage,deed of trust,pledge,lien, � assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, whether by court action or pursuant to the power of sale or other powers coMained in this Deed-of Trust,shall prejudice or in any manner affect Trustee's or Lender's right to realize upon or enforce any other security now or hereafter held by Trustee or Lender�,it being agreed that Trustee and Lender,and each of them,shall be entitled to enforce this Deed of Trust and any other secutity now or hereafter held by Lender or Trustee in such order and manner as they or either of them may in their absolute discretion detetmine. No remedy conferred upon or reserved fo Trustee or Lender,is intended to be exclusive of any other remedy in this Deed of Trust or by law provided or permitted,but each shall be cumulative and shall be in addition to every other remedy given in this Deed of Trust or now or hereafter existing at law or in.equity or by statute. Every power or remedy given 6y the Note or any ofi the Related Documents to Trustee or Lender or to which either of them may be otherwise entitled, may 6e exercised, concurrently or independentiy,from time to Yime and as ohen as may be deemed expedient by Trustee or Lender, and either of them may pursue inconsistent remedies. Nothing in this Deed of Trusi sha.11 be construed as prohibiting Lender from seeking a deficiency judgment against the Trustor to the extent such action is permitted by law. Election of Remedies. All of Lender's rights and remedies will be cUmulative and may 6e exercised alone or together. Ifi Lender decides to spend money or to perform any of Trustor's obligations under this Deed of Trust, � after Trustor's failure to do so,that decision by Lender will not affect Lender's right to decfare Trustor in default and to exercise Lender's remedies.. Request for Notice. Trustor,on behalf of Trustor and Lender,hereby requests that a copy of any Notiee of Defauit 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 paragraph of this Deed of Trust.