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' .p � �dL k. K � a <br />�i <br />Loan No: 101253472 <br />DEED OF TRUST <br />(Continued) <br />20120591� <br />Page 7 <br />the instrument securing such indebtedness end is not cured during any appliceble grece period in such instrument, <br />or any suit or other action is commenced to foreclose any existing lien on the Property. <br />RigM to Cure. If any defeult, other than a default in payment is curable end if Trustor has not been given a notice <br />of e breach of the same provision of this Deed of Trust within the preceding twelve (12) months, it may be cured if <br />Trustor, efter Lender sends written notice to Borrower demanding cure of such default: (1) cures the default <br />within fifteen (15) days; or (2) if the cure requires more then fifteen (1 b) 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 />completea all reasonable and necessery steps sufficient to produce compliance as soon as reasonebly 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 mey exercise any one or more of the following righta and remedies: <br />AccalaraUon Upon Defauk; Addittonal Remedies. 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 payable end <br />the same shall thereupon become due and payable without eny presentment, demand, protest or notice of eny <br />kind. Thereafter, Lender may: <br />(a) Either in person or by egent, with or without bringing any action or proceeding, or by a receiver <br />appointed by a court and without regerd to the edequacy of its security, enter upon end 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 necessery or dasireble to preserve the value, marketebility 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 teking possession of the Property, sue for or otherwise collect the <br />rents, issues end profits of the Property, including those past due and unpeid, and epply the same, less <br />costs and expenses of operation and collection ettorneys' 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 end profits, and the epplication thereof shell not cure or <br />weive eny default or notice of default under this Deed of Trust or invatldate any act done in response to <br />such default or pursuant to such not(ce of default; end, notwithstending the continuance in possession of <br />the Property or the collection, receipt end applicetion 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 any event of default, including the right to exercise the power of sele; <br />(b) Commence an action to forecfose this Deed of Trust as a mortgage, appoint a receiver or specificelly <br />enforce any of the covenents hereof; and <br />(c) Deliver to Trustee a written declaration of defeult end demand for sale end a written notice of default <br />and election to cause Trustor's interest in the Property to be sold, which notice Trustee shall ceuse to be <br />duly filed for record in the appropriete offices 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 heve all the rights and remedies <br />of a secured party under the Nebreske 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 end 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 ot 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, after such time as may then be requfred by lew end after <br />recordation of such Notice of Defeult end after Notice of Sale having been given as required by law, sell <br />the Property at the time and place of sele fixed by it in such Notice of Sele, either as a whole, or in <br />seperete lots or parcels or items as Trustee shell deem expedient, end in such order as it mey determine, <br />at public euction to the highest bidder for cash in lawful money of the United Statea peyable at the time <br />of sale. Trustee shell 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 metters or facts shall be conclusive proof of the truthfulness thereof. Any <br />person, including without Iimitetian Trustor, Trustee, or Lender, may purchase at such sale. <br />(b) As mey be permitted by law, efter deducting ell costs, fees and expenses of Trustee and of this <br />Trust, including costs of evidence of title in connection with sale, Trustee ahall epply the proceeds of sale <br />to payment of (i) ell sums expended under the terms of this Deed of Trust or under the terms of the Note <br />not then repeid, including but not limited to eccrued fnterest and late charges, pi) all other sums then <br />secured hereby, and (iiil 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 />Remedfes Not Exclusiva. T�ustee and Lender, and each of them, shall be entitled to enforce payment and <br />performence 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 af the Related Documents, or under eny other egreement or <br />eny 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 mortgaga, deed of trust, pledge, Ifen, <br />