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A <br />DEED OF TRUST <br />Loan No: 11101773 (Continued) <br />����� ���2 U 9 2 2 5 <br />Page 5 <br />Existing Indebtedness. The payment of any installment of principal or any�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 grace period in such instrument, <br />or any suit or other action is commenced to foreclose any existing lien on the Property. <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 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 and payable 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 any action or proceeding, or by a receiver <br />appointed by a court and 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 value, marketability 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 otlierwise ca9lect 4hc� <br />rents, issues and profits of the Property, including those past 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 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 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 />occunence 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 declaration of default and demand for sale and a 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 ih the appropriate affices of the CoUnty in which the Property is located; and <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 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 such 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 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 required by law and after <br />recordation 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 iots or parcels or items as Trustee shall deem expedient, and in such order as it may deteRnine, <br />at public auction Yo the highes4 Fuidder for cash in lawr�ul money of fihe United 5ta4as 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 warranty, express or implied. The <br />recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any <br />person, including without limitation Trustor, Trustee, or Lender, may purchase at such sale. <br />(b) As may be permitted by law, after deducting all costs, fees and expenses of Trustee 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 repaid, including but not limited to accrued interest and late charges, (ii) all other sums then <br />secured hereby, and (iii) the remainder, if any, 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 �lot Exclusive. Trustee and Lender, and each of them, 'shall' be entitled to enforce payment and <br />performance of any indebtedness or obligations secured by this. Deed of Tcust and to exercise all rights and powers <br />under this beed of Trust, under 4he Note, under any of the Related Documents, or under any other agreement or <br />any laws now or hereafter in force; notwithstanding, some or all of such indeb4edness and obligations secured by <br />this Deed of Trust may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, lien, <br />assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, whether by court <br />action or pursuant to the power of sale or other powers contained in this Deed of Trust, shall 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 that Trustee and Lender, and each of them, shall be entiUed to enforce this Deed <br />of Trust and any other security now or hereafter held by Lender or Trustee in such order and manner as 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 shall be cumulative and shall be in addition to every other remedy given in this 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 independenUy, from time to time and as often as may be deem�d expedient by, Trustee or Lender, <br />and either of Yhem may pursua inconsistent remedies. Nothing in this Deed of Trust shal! be construed as <br />prohibiting Lender from seeking a deficiency judgment against the Trustor to the extent such action is permitted by <br />law. <br />ElecUon of Remedies. All of Lender's rights and remedies will be cumulative and may be exercised alone or <br />together. If Lender decides to spend money or to perform any of Trustor's obligations under this Deed of Trust, <br />after Tnistors failure to do so, that decision by Lender will not affect Lender's right to declare Trustor in default <br />and to exercise Lender's remedies. <br />Request for Notice. Trustor, on behalf of Trustor and Lender, hereby requests that a copy of any Notice of Default <br />and a copy of any Notice of Sale under this Deed of Trust be mailed to them at the addresses set forth in the first <br />paragraph of this Deed of Trust <br />Attomeys' Fees; Expenses. If Lender institutes any suit or action to enf.orce any of the terms of this Deed of <br />T.rust, Lender shall be entitled to recover such sum as the court mey adjud�e reasonable as attomeys' fees at trial <br />and upon any appeal. Whether or not any courf action is involved, and to the eztent` not prohibited by Jaw, 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'part of the Indebxedness payable pn demand•'and shalt, bear <br />interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, <br />