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Loan No: � 01255410 <br />DEED OF TRUST 2 � 1 w O s 3�� <br />(Continued) Page 7 <br />Breach of Other Agreement. Any breach by Borrower or Trustor under the terms of any other agreement between <br />Borrower or Trustor and Lender that is not remedied within any grace period provided therein, including without <br />limitetion any agreement concerning eny indebtedness or other obligation of Borrower or Trustor to Lender, <br />whether existing now or later. <br />Everrts Affect(ng QueraMor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, <br />or accommodation perty of eny of the Indebtedness or any guarantor, endorser, aurety, or accammodation perty <br />dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the <br />Indebtedness. <br />Adverse Change. A material edverse chenge occurs in Borrower's or Trustor's financial condition, or Lender <br />believes the prospect of payment or performance of the Indebtedness is impaired. <br />Insecurity. Lender in good fa(th believes itself insecure. <br />Extsting Indebtedness. The payment of eny installment of principal or eny interest on the Existing Indebtedness is <br />not made within the time required by the promissory note evidencing such indebtedness, or a default occurs under <br />the instrument securing such indebtedness and is not cured during any applicable grece period in such instrument, <br />or any suit or other action is commenced to foreclose any existfng lien on the Property. <br />Right to Cure. If any default, other than a default in peyment is curable and if Trustor has not been given a notice <br />of e breach of the same provision of this Deed of Trust w(thin the preceding tweive (12) months, it may be cured if <br />Trustor, after Lender sends written notice to Borrower demending cure ot such default: (1) cures the default <br />within fifteen (15) days; or (2) if the cure requires more than fifteen (15) days, immediately initiates steps which <br />Lende� deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and <br />completes ell reasoneble and necessary steps sufficient to produce compflsnce es soon as reasonably prectical. <br />RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust; et any time thereafter, <br />Trustee or Lender may exercise any one or more of the following rights and remedies: <br />Acceleretion Upon Defauk; Additional Remedies. If eny Event of Defeult occurs es per the terms of the Note <br />secured hereby, Lender may declere all Indebtedness secured by this Deed of Trust to be due and payable and <br />the same shall thereupon become due and peyable without any presentment, demand, protest or notice of any <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 end without regerd to the adequacy 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 eny acts which it <br />deems necessary or desirable to preserve the velue, merketability 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; 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 epply the seme, 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 and profits, and the application thereof shall not cure or <br />waive eny default or notice of defeult under this Deed of Trust or invalidate any act done in response to <br />such default or pursuant to such notice of defeult; and, notwithstanding the continuance in possession of <br />the Property or the collection, receipt and epplicetion of rents, issues or profits, Trustee or Lender shell <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 sele; <br />(b) Commence en ection to foreclose this Deed of Trust as a mortgege, appoint a receiver or specifically <br />enforce eny of the covenants hereof; end <br />(c) Deliver to Trustee a written declaretion of default end demand for sele and a written notice of default <br />end election to cauae Trustor's interest in the Properry to be sold, which notice Trustee shell cause to be <br />duly filed for record in the appropriete offices of the County in which the Property is loceted; and <br />(d) With respect to all or any part of the Personal Property, Lender shall have all the rights end 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 auch 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 es then required by lew and by this Deed of Trust. <br />Trustee shall, without demand on Trustor, after such time as may then be required by law and efter <br />recordation of such Notice of Defeult and after Notice of Sale having been given es required by lew, 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 />et public auction to the highest bidder for cesh in lawful money of the United Stetes payable et the time <br />of sale. Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient deed or <br />