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201404185
<br /> DEED �F TRUST
<br /> Loan No: 10009881 (Continued) Page 5
<br /> Existing Indebtedness. The payment of any installment of principal or any interest on the Existing indebtetlness is
<br /> not made within the'time required by the promissory note evidencing such indebtedness, or a defauit 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 /> Right to Cure. lf any default, other than a default in payment is curable and if Trustor has not been given a notice
<br /> ofi a breach of the same provision of this Deed of Trust within the preceding twelve (12) months, it may be cured if
<br /> Trustor, after Lender sends written notice to Trustor demanding cure of such default: (1) cures the default within
<br /> twenty (20) days; or (2) if the cure requires more than twenty (20) days, immediately initiates steps which
<br /> Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and
<br /> completes all reasonable and necessary steps sufficient to produce compliance as soon as reasona6ly practical.
<br /> RIGHTS AND REMEDIES ON'DEFAULT. If an Event of Default occurs under this Deed of Trust, at any time thereafiter,
<br /> Trustee or Lender may exercise any one or more of the foilowing rights and remedies:
<br /> Acceleration Upon Defauit;Additional Remedies. If any Event of Default occurs as per the ferms of the Note
<br /> secured hereby, Lender ma,y 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 br in the rtame of'Trustee, and do any acts which it
<br /> deems necessary or desirable to preserve the value,marketability or rentabiiity of the Property, or part of
<br /> the Property or interest in the Property;'inctease the income from the Property or p�otect 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 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 coliection of such rents, issues and profits, and the application thereof shall not cure or
<br /> waive any>default or notice of defaulf 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 possessioru of
<br /> the Property o�the coilection, 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 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 in the appropriate offices of the County in which the Property is located; and
<br /> (d) With respect to all or any pari of the Personal Property, Lender shall have all the rights and remedies
<br /> of a secured,party under the Nebraslca Uniform Commercial Code.
<br /> Foreclosure by Power of Sale. If Lender eiects to foreclose by exercise of the Power of Sale herein confained,
<br /> Lender shal! notify Trustee.and shafl deposit with Trustee this Deed of Trust and the Note and such receipts
<br /> anci evidence of expenditures made and secured by this Deed of Trust as Trustee may require.
<br /> (a) Upon receipt of such notice from tender,.1"rustee shall cause to be recorded, published and delivered
<br /> toTrustor 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 Defiault:and afiter 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 payable atxhe 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 o� warranty, express or implied. The
<br /> ;ecitals in sucli deed of any mattecs-or-facts shall be conclusive proof of the truthfulness thereof. Any
<br /> person, including without limitation Trustor,Trustee,or Lender, may purchase at such sate.
<br /> (b} As may be permitied by law, aifer deducting all costs, fees and expenses ofi Trustee and of this
<br /> Trust, including costs of evidence of title in connection with saie,Trustee shall zpply the proceeds of sale
<br /> to payment of (i) all su,ms expended under the terms of this Deed of Trust or under the terms of the N�ote
<br /> not then repaid, inciuding but not fimited to accrued interest and late charges, (ii) all other sums then
<br /> secured he�eby, and (iii}the remainder,;if any,to the person or persons legally entitled.thereto.
<br /> (c) Trustee may in fhe manner provided by law postpone sale of all or anyportion of the Property.`
<br /> Remedies Not 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 Trust and 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 hereafiter in force; notwithstanding, some or all of such indebtedness 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 enforeement, whether by court
<br /> action or pursuant to the power of sale or other-powers coniained in this Deed of Trust, shall prejudice or in any
<br /> manner afifect Trustee's:or Lender's right to real�ze upos� or enforce any other security now or hereaftet i�eld by
<br /> Trustee or Lender, it being agreed that Trustee and Lender,and each of them,shal! be entitied to enforce this Deeci
<br /> of Trust and any other securiiy now or hereafter held by Lencier or Trustee in such order anci manner as they or
<br /> either of them may irr their absolute discretion determine. No remedy conferreci upon or reserved to Trustee or
<br /> Lender, is intended to be exclusive of any other remeciy in this Deed of Trust or by law provided or permittecf, but
<br /> each shall be cumuiative and shall be in addition to every other remedy given in this Deed of Trust or now or
<br /> hereafter existing at faw+or in equity or by sYatute. Everypower 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 entitted, may be exercised,
<br /> concurrently or independently, from time to time and as often as may be deemed expedient by Trustee or Lender,
<br /> and either of them may pursue inconsistent remedies: Nothing in th'is`Deed of Trust shall 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 /> Election of Remedies. All of Lender's rights and remedies will 'be cumulative and may be exereased alone or
<br /> together. If Lender decides to spend money or-io perform any of Trustor's obligations under this G'eed of Trust,
<br /> after Trustor's faiiure to'do so,that decision by Lender �nrill.not affect Lender's right to declare Trustor in default
<br /> and to exercise Lender'sl remedies.
<br /> Request for I�lotice. TruSYor, orr behatf 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 add�esse5 sef forth in the first
<br /> paragraph of this -Deed of Trust. '
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