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� ' ;� ° v ° � � • ' � �' � ° DEED OF TRUST � � 1 �2 U 3�5 9 �
<br />(Continued) Page 5
<br />Right to Cure. If any default, other than a defeult in payment is cureble and if Trustor hes not been given e 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 />Trustar, after Lender sends written notice to Trustor demanding cure of such default: (1) cures the defeult within
<br />twenty (20) days; or (2) if the cure requirea 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 ressonable and necessary steps sufficient to produce compliance es soon as reasonab�y prectical.
<br />RIQHTS 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; Additlonal Remediea. If any Event of Defeult 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 end payable and
<br />the same shall thereupon become due and payeble wlthout any presentment, demend, protest or nodce of eny
<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 />eppointed by a court end without regerd to the adequacy of its security, enter upon and teke possession
<br />of the Property, or eny part thereof, in its own name or in the name of Trustee, and do any acts which It
<br />deems neceseary or desirable to preserve the value, marketability or rentability of the Property, or pert 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 />renta, issuea and profits of the Property, including those pest due end unpeid, and epply the same, less
<br />coats and expenses of operation and collection ettorneys' fees, to any indebtedness secured by thls Deed
<br />of Trust, all in such order as Lender may determine. The entering upon end taktng possession of the
<br />Property, the collection of such rents, issues and profits, end the application thereof shall rtot cure or
<br />weive eny default or notice of defeult under this Deed of Trust or invalidate any ect 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 lew upon the
<br />occurrence of eny 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 mortgege, 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 defau�t
<br />end election to cause Trustor's interest in the Property to be sold, which notice Trustee ahall cause to be
<br />duly filed for record in the appropriate officea of the County In which the Property is located; end
<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 Commerciel Code.
<br />Foreclosure by Power of Sele. 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 es 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 end Notice of Sale as then required by lew 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 />recordetion 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 tots or parcels or items as Trustee shell deem expedient, end in such order as it may determine,
<br />et 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 werranty, express or implied. The
<br />recitals in such deed of any matters or facts shall be conclusive proof of the truthfulnesa thereof. Any
<br />person, including without Iimitation Trustor, Trustee, or Lender, may purchase at such sale.
<br />(b) As may be permitted by law, after deducting ell costs, fees and expenses of Truatee 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 repeid, including but not Iimited to accrued interest and late charges, (ii) all other sums then
<br />secured hereby, and (Itt) the remainder, if any, to the person or persons legally entitled thereto.
<br />Ic) Trustee may in the manrter provided by lew postpone sale of all or any portion of the Property.
<br />Remedles Not Exclusive. Trustee and Lender, and each of them, shall be entitled to enforce payment end
<br />performence of any indebtedness or obligations secured by thfs Deed of Trust and to exercise all r(ghts and powers
<br />under this Deed of Trust, under the Note, under any of the Related Documents, or under any other egreement or
<br />eny laws now or hereafter in force; notwithstanding, some or ell of such indebtedness and obligations secured by
<br />this Deed of Trust mey now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, Uen,
<br />essignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, whether by court
<br />ection or pursuant to the power of sale or other powers contelned in thls Deed of Trust, shell 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 thet Trustee end 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 shell be cumuletive and shell be in eddition to every other remedy given in thfs 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 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 often as may be deemed expedient by Trustee or Lender,
<br />end either of them may pursue inconsistent remedies. Nothing in this Deed of Trust shell be construed as
<br />prohibiting Lender from seeking a deficiency judgment against the Trustor to the extent such action is permitted by
<br />law. Election by Lender to pursue eny remedy shall not exciude pursuit of eny other remedy, end en election to
<br />make expenditurea or to take ection to perform an obligetion of Trustor under this Deed of Trust, after Trustor's
<br />failure to perform, ahall not affect Lender's right to declere a defeult and exerclse its remedles.
<br />Request for Notice. Trustor, on behalf of Trustor and Lender, hereby requests that a copy of any Notice of Defeult
<br />end a copy of any Notice of Sale under thia Deed of Trust be mailed to them at the addresses set forth In the flrst
<br />peregraph of this Deed of Trust.
<br />Attomeys' Feas; Expe�es. If Lender Institutes eny 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 es attorneys' fees at triel
<br />end upon any appeal. Whether or not any court ection is involved, and to the extent not prohibited by law, all
<br />reasonable expenses Lender incurs that In Lender's opinion are necessary at any time for the protection of its
<br />interest or the enforcement of its rights shall become a pert of the Indebtedness peyable on demand and shall bear
<br />interest et the Note rate from the date of the expenditure until repeid. Expenses covered by this paragraph include,
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