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, j z5 <br />DEED OF TRUST <br />(Continued) <br />Insecurity. Lender in good faith believes itself insecure. <br />20120098� <br />Page 5 <br />Right to Cure. If any defeult, other than a default in payment is curable and if Trustor has not been given e notice <br />of a breach of the same provision of this Deed of Trust withln 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) cures the default within <br />twenty (20) days; or (2) if the cure requires more than twenty (20) days, immedfately initiates steps which <br />Lender deems in Lender's sole discration to be sufficient to cure the default end thereafter continues and <br />completes all reasonable end necessary steps sufficient to produce compliance as soon as reasonably practical. <br />RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust, at any time thereafter, <br />Trustee or Lender may exerclse eny one or more of the following rights and remedies: . <br />Acceleration Upon Default; Additional Remedtes. If any Event of Default occurs es per the terms of the Note <br />secured hereby, Lender may declare all Indebtedness secured by this Deed of Trust to be due and peyeble and <br />the same shall thereupon become due and payable without any presentment, demand, protest or notica of eny <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 teke possession <br />of the Property, or any part thereof, in Its own name or in the name of Trustee, and do enY,acts w6iick� it <br />deems necessary or desirable to preserve the velue, 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; end, with or without taking possession of the Property, sue for or otherwise collect the <br />rents, issues and profits of the Property, inciuding those past due and unpaid, and apply the 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 poasession of the <br />Property, the collection of such rents, issues and profits, and the application thereof shall not cure or <br />waive any default or notice of default under this Deed of Trust or invaUdate any act done in response to <br />such default or pursuant to such notice of default; and, notwithstanding the cont(nuance in possession of <br />the Property or the collection, receipt and application of rents, issues or proflts, 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 hereof; and <br />Ic1 Deliver to Trustee 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 Trustae shell cause to be <br />duly filed for record in the 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 <br />of a secured perty 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 contalned, <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 Notice of Default and Notice of Sale as then required by law and by this Deed of Trust. <br />Trustee shall, without demand on Trustor, efter such time as may then be required by lew and after <br />recordation of such Notice of Default and after NoUce of Sale having been given es required by law, sell <br />the Property at the time end 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, and in such order es it may determine, <br />at public auctfon to the highest bidder for cash in lawful money of the Unhed States payable at the time <br />of sale. Trustee shall deliver to such purcheser 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 (i) 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 Iimited to eccrued interest and lata charges, ((U all other sums then <br />secured hereby, and liii) the remainder, if eny, to the person or persons legally entitled thereto. <br />(c) Trustee may in the manner provfded by law postpone sale of all or any portion of the Properry. <br />Remedies Not Exclusive. Trustee and Lender, and each of them, shall be entitled to enforce payment end <br />performance of any indebtedness or obligations secured by this Deed of Trust and to exerclse all rights end powers <br />under this Deed of Trust, under the Note, under any of the Related Documents, or under eny other egreement or <br />any laws now or hereafter in force; notwithstanding, some or all of such indabtedness and obligations secured by <br />this Deed of Trust may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, lien, <br />assignment or otherwise. Neither the accaptance of this Deed of Trust nor its enforcement, whether by court <br />action or pursuent to the power of sale or other powers contained in this Deed of Trust, shall prejudice or in any <br />manner affect Trustee's or Lender's right to rea8ze 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, shail be entitled to �nforce this Deed <br />of Trust and any other security now or hereafter held by Lender or Trustee in such order end manner as they or <br />either of them may in their absolute discretion determine. No remedy conferred upon or reserved to Trustee or <br />Lender, is (ntended 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 shell be in additlon to every other remedy given in this Deed of Trust or now or <br />hereafter existing at law or in equity or by statute. Every power or remedy given by the Note or eny 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 time 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 permltted by <br />law. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to <br />make expenditures or to take action to perform en obligation of Trustor under this Deed of Trust, after Trustor's <br />failure to perform, shall not affect Lender's right to declare a default and exercise its remedies. <br />Request for Notice. Trustor, on behalf of Trustor end Lender, hereby requests that a copy of any Notice of Default <br />and a copy of any Notice of Sele under this Deed of Trust be mailed to them at the addresses set forth in the flrst <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 ettorneys' feea 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 ere necessary at eny time for the protection of its <br />interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand end shall bear <br />�� <br />� <br />