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201208016 DEED OF TRUST Loan No: 10003725 (COntlnued) Page 5 not made within the time required by the promissory note evidencing such indebtedness, or a default occurs under the instrument securing such indebtedness and is not cured during any applicable grace period in such i.nstrument, or any suit or othe�r action is commenced to foreclose any existing lien on the Property. Right to Cure_ If any defiault, other than a default in payment is cureble and if Trustor has not been gPven a notice of a breach of the same provision of this Deed ofi Trust within the preceding twelve ("I 2) monihs, it may be cured if Trustor, after Lender sends written notice to Trustor demanding cure of such default: (1) cures the defauit within twenty (201 days; or (2) ifi tne cure requires more than twenty (20) days, immediately initiates steps which Lende� deems in Lender's sole discretion to be sufficient to cure the default and tV�ereafiter continues and cornpletes all reasonable and necessary ste.ps sufficient to produce compliance as soon as reasonably praatiGal. RIGHTS AIVD REMEDIES ON DEFAULT. If an Event of Defauit occurs under this Deed of Trusa, at any time thereafter, Trustee or Lender may exercise any one or more of the foilowing rights and remedies: Acceleration Upon Default;Additional Remedies. If any Event of Default occurs as per the terms of the Note secured hereby, Lender may declare all Indebtedness secured by this Deed of Trust to be due and payable and the same shall thereupon become due and payable without any presentment, demand, protest or notice ofi any kind. Thereafter, Lender may: (a) Either in person or 6y agent, with or without bringing any action or proceeding, or by a rece�iver appointed by a court and without regard to the adequacy of its security, enter u�Oon and take possession of the Property, or any part thereof, in its own na.me or in the name ofi TYustee, and do any acts which it deems necessary or desirable to preserve the value, marketability or rentability of the Property, or part of the Property or interest in the ProPerty; increase the incorne from the Property or protect the security of the Property; and, with or without Taking possession of the Ptoperty, sue for ar otherwise coliecY the rents, issues and profiits of the Peoperty,�inciuding those past due and unpaid,. and appiy the same, less � costs and expenses of operation and collection attorneys' fees,to any indebtedness secured by this Deed of Trust, all in such order as Lender may determine. The entering upon and taking possession ofi the Property, the collection of such rents, issues and profits, and the application thereof shall not cure or waive any default or notice of default under this Deed of Trust or invalidate any act done in response to such default or pursuant to such notice of default; and, notwithstanding the continuance in possession of the Property or the collection, receipt and applicaYion of rents, issues or profits, Trustee or Lender shall 6e entitled to exercise every ri�ght provided for in the Note or the Related Documents or by la�w upon tne occurrence of any event of default, induding the right to exercise the power ofi sale; (b) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver or Specifically enforce any of the covenants hereof; and � (c) Deliver to Trustee a written declaration of defiault and demand for saie and a wrttten notice of�efau9t and election to cause Trustor's interest in the Property to be solci, which notice�rustee shail cause to be duly filed fior record in the appropriate offices of the County in which the�roperty is located;and (d? With respect to all or any part ofi the Personaf Property, Lender shall have all the rights and remedies of a secured party under the Nebraska.Uniform Commercial Code. Foreclosure by Power of Sale. if Lender elects to foreclose by exercise ot the Power of Sale here�in contained, . Lender shall notifiy Trustee and shall deposit with Trustee this Deed of Trust and the Note and such receipts and evidence of expenditures made and.secured by tnis Deed of Trust as Trustee may require. (a) Upon receipt of such notice firom Lender, Trustee shall ca.use to be recorded, p.ublished and delivered to Trustor such Notice of Default and Notice of Sale as then required by law and. by this Deed of Trust. Trustee snall, without demand on Trustor, after such ti.me as may then be required by law and after recordation of such Notice ofi DefiaWt and after Notice of Sale having been given as required by law, sei! the Property at tt�e fime and piace of sale fiixed by it in such Notice of Sale, either as a whoie, or in separate lots or parcels or items as Trustee sha!I deem expedient, and in such order as it may determine, at public aucYion to tne highest bidder for cash.. in lawful money of tti.e lJnited States payabie at tfie time of sale. Trustee sfiali deliver to such purchaser or purchasers thereof ots good and sufficient deed or deeds conveying the property so sold, but without any covenant or warranty, express or implied. The recitals in such deed of any matters or facts shali be conclusive proof of the irvthfulness thereof. Any person, including without limitation Trustor,Trustee,or Lender, may purchase at such sale. (b) As rnay be permitied by law, after deducting all costs, fiees and expenses ofi Trustee and of this Trust, induding costs of evidence of title in connection with sale,Trustee shall apply the proceeds of sale to payment of (i) all Sums expended under the terms of this Deed of Trust or under the terms of the Note not tnen repaid, induding but not limited to acerued interest and late charges, (ii) aIL other sums then secured hereby, and (iii) the remainder, if any,to the person or persons legally entitled thereto. (c) Trustee may in the manner provitled by law postpone saie of all or any portion of the�Property. Remedies Not Excfusive_ Trustee and Lender, and each ofi them, shafl be entitled io enforce payment and performance ofi any indebtedness or obiigati�ons secureci by this '�eed of Trust and to exercise all rights anci pow�ers under this Deed o#Trust, u��nder Yhe Note, under any of the Reiated Documents, or under any oiher agreement or any laws now o�hereafter in force; notwithstand.i.ng, some or all of such indebtedness and obligations secured by this Deed ofi Trust may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, whether by court action or pursuant to the power of sale or other powers contained in this Deed of Trust, shall prejudice or in any manner afiFect Trustee's or LendePs right to rea:lize upon or enfiorce any other security r�ow or hereafter held by Trustee or Lender, it being agreed that Trustee and Lender, and each of them, shall be entitled to enfiorce this Deed ofi Trust and any other security now or hereafter held by Lender or Trustee in such order and manner as they or either ofi Yhem may in their absolute discretion determine. No remedy conferred upon or reserved to Trustee or Lender, is intended to 6e exclusive of any other remedy in this Deed of Trust or by law provided or permitted, but each snall be cumulative and shall be in addition to every other remedy given in tnis Deed of Trust or now or hereaftet existing at!aw or in equity or by statute. Every power or remedy given by tne Note or any of the Refated Docum.ents to Trustee or Lender or to wf�ich either of them may be otherwise entitied, may be exereised, eoncurrently or inciependenily, from time to time and as often as may be aeemed expedient by Trustee or Lender, and either ofi tnern may pursue inconsistent remedies. Nothing in� this Deed of Trust sfhall be construed as prohibiting Lender firom seeking a deficiency judgment against the Trustor to the extent such acti.on is permitted by law. Election ofi Remedies. Ail of Lender's ri�ghts and remedies wili be cumulative and may be exercised alone or together. If Lender deddes to spend money or to perform any ot Trustor's obligations under this Deed of Trust, after Trustor's failure to do so,. that decision by Lender will not afifect Lender's right to dledare Trustor i�. default and to exercise Lender's remedies. Request fior Notice. Trustor, on behalf of Trustor and Lender, hereby requests that a copy ofi any N.otice of Default and a copy ofi any Notice of Sale under this Deed of Trust be mailed to them at the addresses set forth in the first paragraph of this Deed of Trust.