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, .�, <br />DEED OF TRUST <br />Lo�n No: 133732 (Continued) <br />201202154 <br />Page 4 <br />other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, <br />perfect, continue, or preserve (1) Trustor's obligations under the Note, this Deed of Trust, and the Related <br />Documents, and (2) the liens and security interests created by this Deed of Trust as first and prior liens on the <br />Property, whether now owned or hereafter acquired by Trustor. Unless prohibited by law or Lender agrees to the <br />contrary in writing, Trustor shall reimburse Lender for all costs and expenses incurred in connection with the <br />matters referred to in this paregraph. <br />Attorney-in-Fact. If Trustor fails to do any of the things referred to in the preceding paragraph, Lender mey do so <br />for and in the name of Trustor and at Trustor's expense. For such purposes, Trustor hereby irrevocably eppoints <br />Lender as Trustor's attorney-in-fact for the purpose of making, executing, delivering, filing, recording, and doing ell <br />other things as may be necessary or desirable, in Lender's sole opinion, to accomplish the matters referred to in <br />the preceding paragraph. <br />FULL PERFORMANCE. If Trustor pays all the Indebtedness, including without limitation all future advances, when due, <br />and otherwise performs all the obligations imposed upon Trustor under this Deed of Trust, Lender shall execute and <br />deliver to Trustee a request for full reconveyance and shall execute and deliver to Trustor suitable statements of <br />termination of any financing statement on file evidencing Lender's security interest in the Rents and the Personal <br />Property. Any reconveyance fee required by law shall be paid by Trustor, if permitted by applicable law. <br />DEFAULT. At Lender's option, Trustor will be in default under this Deed of Trust if any of the following happen: <br />Fraud or Material Misrepresentatlon. Trustor commits fraud or materiel misrepresentation in connection with the <br />terms of the Note. <br />Payment Default. Trustor feils to meet the repayment terms of the Note for any outstanding balance. <br />Other Defaults. Trustor's act or failure to act edversely affects Lender's security interest in the Property, or eny <br />right of Lender's in such security. <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 defeult: (1) cures the default within <br />fifteen (15) days; or (2) if the cure requires more than fifteen (15) days, immediately initiates steps which Lender <br />deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes ell <br />reasonable and 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 exercise any one or more of the following rights and remedies: <br />Acceleration Upon Default; Additional Remedies. If any Event of Default occurs as per the terms of the Note <br />secured hereby, Lender may declare all Indebtedness secured by this Deed of Trust to be due and payable and <br />the same shall 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 ection or proceeding, or by a receiver <br />appointed by a court and without regard to the edequacy of its security, enter upon and teke possession <br />of the Property, or any pert thereof, in its own name or in the name of Trustee, and do eny ects which it <br />deems necessary or desirable to preserve the value, marketebility or rentebility 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 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 />Property, the collection of such rents, issues and profits, end the application thereof shall not cure or <br />waive eny default or notice of defautt 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 hereof; and <br />(c) 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 Trustee 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 respact to all or any part of the Personal Property, Lender shall have all the rights and remedies <br />of e 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 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 Lander, 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, 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, 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, and in such order as it may determine, <br />at public auctian to the highest bidder for cash in lawful money of the United States payable et 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 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 />not then repaid, including but not limited to accrued interest and late charges, (ii) all other sums then <br />secured hereby, end (iii) 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 Exclusive. 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 any other agreement or <br />any laws now or hereafter in force; notwithstanding, some or all of such indebtedness 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 acceptance of this Deed of Trust nor its enforcement, whether by court <br />