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201301591
<br /> DEED OF TRUST
<br /> Lout No: 10126/779 ;,(Continued) Page 7
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<br /> the Instrument securing such Indebtedness end Is not cured during any applicable grace period in such irtatrument,
<br /> or any suit or other action is commenced to foreclose Any existing lien on the Property.
<br /> Right to Cure, if any default, other than a default in payment is curable and if Trustor hat not been given a•notice
<br /> of a breech of the Varna provision of this Reed of Trust within the preceding twelve (12) months, it may be cured if
<br /> Treater, after Lender sends wr!tten notice to Borrower demanding aura of such default: (1) cures the default
<br /> within fifteen (15) dare; or (2) if the cure requires more then fifteen (15) days, Immediately Initiates steps which
<br /> Lender deems in Lender'e sole discretion to be sufficient to cure the default end thereafter continues and
<br /> completes all reasonable and necessary steps sufflcient to produce compliance as 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 Rernedlee, It any Event of Default occurs as per the terms of the Note
<br /> secured hereby, Lender may declare all lndebtednsss secured by this Deed of Trust to be due end payable and
<br /> the same shall thereupon become due and payable without eny presentment, demand, protest or notice of eny
<br /> kind. Thereafter, Lender may:
<br /> is) Either In person or by agent, with or without bringing any action or proceeding, or by a receiver
<br /> appointed by p court and without regard to the adequacy of its security, enter upon and take possession
<br /> of the Property, or any pert thereof,!In Its own name or in the name of Trustee, end do any acts which It
<br /> deems necessary or desirable to preserve the value, marketability or rentebility 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, issued and profits of the Property, including those pest due end unpaid, and apply the same, less
<br /> casts and expenses of operation and collection attorneys' fees, to any indebtedness secured by this Deed
<br /> of Trust, all in such order as Lander may determine. The entering upon and taking possession of the
<br /> Property, the collection of such rents, Issues and profits, and the application thereat 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 en action to foreclose this Deed of Trust as a mortgage, appoint a receiver or specifically
<br /> enforce any of the covenants hereof; end
<br /> (c) Deliver to Trustaa a written declaration of default and demand for sale and a written notice of default
<br /> end election to cause Trgetor'e Interest In the Property to be sold, which notice Trustee shell cause to be
<br /> duly flied far record In,the appropriate offices of the County in which the Property is located; end
<br /> Id) With respect to ell 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 lelecte to forecloee.by exercise of the Power of Sale herein contained,
<br /> •Lender shall notify Trustee end 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 Lander, Trustee shall cause to be recorded, published arid delivered
<br /> to Truatar such Notice of Default and Notice of Salo as then required by law and by this Deed of Trust,
<br /> Trustee shell, without demand on'Trustor, sifter, such time as may then be required by law and after
<br /> recordation of such Notice of Default and after Natica 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 ale Trustee shall deem expedient, and in such order as it may determine,
<br /> at public suction to the highest bidder ter cash In lawful money of the United Stetea payebie et the time
<br /> of sale, Trustee shall deliver to•such,purchaser or,purchasers thereof'its goad and sufficient deed or
<br /> deeds conveying thi4 property so sold, but i rithout any covenant or warranty, express or implied. The
<br /> recitals in seen deed of any matters or facts shall be canaluaive proof cif'the truthfulne.as thereof, Any
<br /> peraan,.inciuding without l)mitetion1Trustor, Trustee, or.Lender, may purchase at such sale.
<br /> (b). As may be permitted by law;I after deducting all costs, fees and•expenses of Trustee and of this
<br /> Trust, including oasts 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, includino but not limited to ecorued interest.and late charges,. Oil all other sums then
<br /> secured hereby, and, (Ill) the remainder, if any,to the person or parsons legally entitled thereto.
<br /> (c) Trustee may in the manner provided by iew postpone sale of all or any portion of the Property.
<br /> Remedies Not Exoluslve. 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 Trust end to exercise all rights and powers
<br /> under this Deed of Trust, under the Note, under any of the Related Documents, or under any other agreement or
<br /> any laws now or hereafter In forge; notwithstanding, some or.all of such indebtedness end obligations secured by
<br /> this Deed of Trust may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, lien,
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