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�012Q�76� <br />DEED OF TRUST <br />Loan No: 101257039 (Continued) Page 6 <br />advances, when due, and Trustor otherwise performs ell the obligations imposed upon Trustor under this Deed of Trust, <br />Lender shell execute and deliver to Trustee a request for full reconveyance and shall execute and deliver to Trustor <br />suitable statements of termination of any financing statement on file evidencing Lender's security interest in the Rents <br />and the Personal Property. Any reconveyence fee required by law shall be paid by Trustor, if permitted by applicable <br />law. <br />DEFAULT. At Lender's option, Trustor will be in default under this Deed of Trust if any of the following happen: <br />Freud or Material Misrepresentation. Trustor commits fraud or material misrepresentation in connection with the <br />terms of the Note. <br />Payment Default. Trustor fails to meet the repayment terms of the Note for any outstanding belance. <br />Other Defaults. Trustor's act or failure to act adversely 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 e notice <br />of a breach of the same provfsion of this Deed of Trust within the preceding twelve (12) months, it mey be cured if <br />Trustor, after Lender sends written notice to Borrower demanding cure of such default: (1) cures the default <br />within ten (10) days; or (2) if the cure requires more than ten 110) days, immediately initiates steps which Lender <br />deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues end completes all <br />reasonable and necessary steps sufficient to produce compliance es soon as reasonably practical. <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 />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 end peyeble 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 eny action or proceeding, or by a receiver <br />appointed by a court end without regard to the adequacy of its security, enter upon and 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 necessary or desirable to preserve the velue, marketability or rentability of the Property, or part of <br />the Properry or interest in the Property; fncrease 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 pest 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 es Lender may determine. The entering upon and taking possession of the <br />Properry, the collection of such rents, issues end profits, and the application thereof shall not cure or <br />waive any default or notice of default 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 declaretion of default and demand for sale and e written notice of default <br />and election to cause Trustor's interest in the Property to be sold, which notice Trustee shall 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 shell have all the rights and remedies <br />of a 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 conteined, <br />Lender shall notify Trustee and shall deposit wfth Trustee this Deed of Trust and the Note and such receipts <br />and evidence of expenditures mede 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 Defeult 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 es may then be required by law and efter <br />recordation of such Notice of Defeult 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 auction to the highest bidder for cash in lawful money of the United States payeble 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 warranty, 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 limitation Trustor, Trustee, or Lender, may purchase et such sale. <br />1b) As may be permitted by lew, after deducting all costs, fees and expenses of Trustee and of this <br />