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201209932 DEED OF TRUST Loan No: 10004734 (Continueel) Page 5 not made within the time required by the promissory note evidencing sucn indebtedness,. or a default occurs under the instrument securing such indebtedness and is not cured during any applicable grace period in such instrument, or any suit or other action is commenced to foreclose any existing lien on the Property. Right to Cure_ If any default, otl�er than a default in payment is curable and if Trustor has not been given a notice of a breach of the same provision of this Deed of Trust within the preceding twelve ('I 2) months, it may be cured if Trustor, after Lender sends written notice to Trustor demanding eure of such default: (1) cures the defiault within iwenty (20) days; or (2) if tne cure requires more than Ywenty (20) days, immediately initiates steps whi.cn Lender deems in Lender's sole discretion to be sufficient to cure the defiault and thereafter continues and compleYes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. RIGHTS AND REMEDIES ON DEFAULT, If an Event of Defiault occurs under this Deed of Trust, at any time thereafter, Trustee or Lender may exercise any one or more of the followi�ng rights and remedies: Acceteration Upon De4autt:Atlditional Remedies. If any Event of Defiault occurs as per tne 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 of any kind. Thereafter, Lender may: (a) EiYher in person or by agent, with or without bringing any action or proceeding, or by a receiver appoinYed by a court and without regard to the adequacy of its security, enter upon and take possession of the Property, or any part thereof, in its own nams or in the name of Trustee, and do any acts which it deems necessary or desirable to preserve the value, marketability or rentability of the Property, or part ofi the Property or interest in the Property; increase the income from the Property or protect the security ofi - the Property; and, with or without Yaking possession of tne Property, sue for or otherwise collect the rents, issues and profits of the Property, including those past due and unpaid, and apply the same, Iess 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 sucn 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 ofi defauli; and, notwithstandi.ng the continuance in possession of the Property or the collection; receipt and application of rents, issues or profits, Trustee or Lender shall be entitled to exercise every right provided for in the Note or the Related Documents or by law upon the occurcence of any event of default, including the right to exercise the power ofi salej (b) Commence an actiion to foYeclose this Deed of Trust as a mortgage, appoint a receiver or specifically enfiorce any of the covenants hereof; and (c) Deli�er io Trustee a written declaration ofi default and demand for sale and a written notice of default and election to cause Trustor's interest in the Property to be sold,which notice Trustee shall cause to be duly fiiled for recard in the appropriate offices of the County in which the Property is located; and (d) With respect to all or any part ofi the Personal Property, Lender shall have all the rignts and remedies of a secured party under the Nebraska Uniform Commercial Code. Foredosure by Power of Sale. If Lender elecis to foreclose by exercise of the Power of Sale t7erein contained, Lender shall notiiy Trustee and shall deposit with Trustee this Deed of Trust and the Note and such receipts and evidence of expenditures made and secured by this Deed of Trust as Trustee may require, (a) Upon receipt of such notice from Lender,Trustee shall cause to be recorded, published and delivered to Trustor such Notice of Default and Notice of Sale as then required by law and by this Deed of Trust. Trustee shall, without demand on Trustor, after such time as may then be required by law and after recordation of such Notice of Default and after Notice of Sale having been given as required by law, sell the Property at the time and place of sale fixed by it in such Notice of Sale,. either as a whole, or in separate lots or parcels or items as Trustee shall deem expedient, and in such order as it may determine, aE public auction to the highest bidder fior cash in lawful money of the United States payable at the time of sale. Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient deed or deeds conveying the propeny so sold, but without any covenant or warranty, express or implied. The recitals in such deed of any matters or facts shall be conclusive proof of the truthfiulness thereofi. Any person, including without limitation Trustor,Trustee,or Lender, may purchase at such sate. (b) As may be permitied by law, after deducting all costs, fees and expenses of Trustee and of this Trust, including 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 then repaid, induding but not limited to accrued interest and late charges, (ii) all other sums ihen secured hereby, and (iii)the remainder, if any,to the person or persons legally entiiled thereto. (c) Trustee may in the manner provided by law postpone sale of all or any portion of the Property. Remedies Not Exclusive. Trustee and Lender, and each of ihem, shall be entitled to enforce payment and performance of any indebtedness or obligations secured by this Deed of Trust and to exercise all rights and powers under this Deed of Trust, under the Note, under any of the Related Documents, or under any other agreement or any laws now or hereafter in force; notwithsYanding, some or all ofi such indebtedness and obligations secured by this Deed of Trust may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptartce 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, snall prejudice or in any manner affect Trustee's or Lender's right to realize upon or enforce any other security now or nereaRer held by Trustee or Lender, it being agreed that Trustee and Lender, and each of them,shall 6e entitled to enforce this Deed of Trust and any other security now or hereafter held by Lender or Trustee in such order and manner as they or either of them may in their absolute discretion determine. No remedy conferred upon or reserved to Trustee or Lender, is intended io be exclusive of any otiher remedy in this Deed of Trust or by law provided or permitted, but each shall be cumWative and shall be in addition to every other remedy given in this Deed of Trust or now or hereafter existing at law or in equity or by statute. Every power or remedy given by the Note or any of the Related Documents to Trusiee or Lender or to which either of them may be otherwise entiNed, may be exePcised, concurrently or independently, from time m time and as often as may be deemed expedient by Trustee or Lender, and either of them may pursue inconsistent remedies. Nothing in this Deed of Trust shall be construed as prohibiting Lender from seeking a deficiency judgment against the Trustor to the extenY such action is permitted by law. Electeon of Remedies.. All of Lender's rights and remedies will be cumulative and may be exercised alone or together. ff Lender decides to spend money or to perform any of Trustor's obligations under this Deed of Trust, after Trustor's failute to do so, that decision by Lender will not affect Lende�'s right to declare Trustor in default and to exercise Lender's remedies. Request for Notice. Trustor, on behalf of Trustor and Lender, hereby requests that a copy of any Notice of Defiault and a copy of any No2ice ofi Sale under this Deed of Trust be mailed to them at the addresses set forth in the first paragraph of this Deed ofi Trust.