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02 -08 -2000 200001 � 45 DEED OF TRUST <br />Loan No 766326 (Continued) <br />manner satisfactory to Lender, and, in doing so, cure the Event of Default. <br />Page 6 <br />Events Affecting Co- Borrowers. Any of the preceding events occurs with respect to any co- borrower of any of the Indebtedness or any <br />co- borrower dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any of the Indebtedness. Lender, at its <br />option, may, but shall not be required to, permit the co- borrower's estate to assume unconditionally the obligations on the Indebtedness in a <br />manner satisfactory to Lender, and, in doing so, cure the Event of Default. <br />Insecurity. Lender in good faith deems itself insecure. <br />Existing Indebtedness. A default shall occur under any Existing Indebtedness or under any instrument on the Property securing any Existing <br />Indebtedness, or commencement of any suit or other action to foreclose any existing lien on the Property. <br />Right to Cure. If such a failure is curable and if Trustor has not been given a notice of a breach of the same provision of this Deed of Trust <br />within the preceding twelve (12) months, it may be cured (and no Event of Default will have occurred) if Trustor, after Lender sends written <br />notice demanding cure of such failure: (a) cures the failure within ten (10) days; or (b) if the cure requires more than ten (10) days, immediately <br />initiates steps sufficient to cure the failure and thereafter continues and completes all reasonable and necessary steps sufficient to produce <br />compliance as soon as reasonably practical. <br />RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Event of Default and at any time thereafter, Trustee or Lender, at its option, <br />may exercise any one or more of the following rights and remedies, in addition to any other rights or remedies provided by law: <br />Acceleration upon Default; Additional Remedies. If any event of default occurs as per the terms of the Note secured hereby, Lender may <br />declare all Indebtedness secured by this Deed of Trust to be due and payable and the same shall thereupon become due and payable without <br />any presentment, demand, protest or notice of any kind. Thereafter, Lender may: <br />(a) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court and without <br />regard to the adequacy of its security, enter upon and take possession of the Property, or any part thereof, in its own name or in the name <br />of Trustee, and do any acts which it deems necessary or desirable to preserve the value, marketability or rentability of the Property, or part <br />of the Property or interest in the Property; increase the income from the Property or protect the security of the Property; and, with or without <br />taking possession of the Property, sue for or otherwise collect the rents, issues and profits of the Property, including those past due and <br />unpaid, and apply the same, less costs and expenses of operation and collection, including attorneys' fees, to any indebtedness secured <br />by this Deed of Trust, all in such order as Lender may determine. The entering upon and taking possession of the Property, the collection <br />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 <br />or invalidate any act done in response to such default or pursuant to such notice of default; and, notwithstanding the continuance in <br />possession of the Property or the collection, receipt and application of rents, issues or profits, Trustee or Lender shall be entitled to <br />exercise every right provided for in the Note or the Related Documents or by law upon the occurrence of any event of default, including the <br />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 enforce any of the covenants <br />hereof; and <br />(c) Deliver to Trustee a written declaration of default and demand for sale and a written notice of default and election to cause Trustor's <br />interest in the Property to be sold, which notice Trustee shall cause to be duly filed for record in the appropriate offices of the County in <br />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 of a secured party under the <br />Nebraska Uniform Commercial Code. <br />Foreclosure by Power of Sale. If Lender elects to foreclose by exercise of the Power of Sale herein contained, Lender shall notify Trustee and <br />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 <br />Trust as Trustee may require. <br />(a) Upon receipt of such notice from Lender, Trustee shall cause to be recorded, published and delivered to Trustor such Notice of Default <br />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 <br />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 <br />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 <br />Trustee shall deem expedient, and in such order as it may determine, at public auction to the highest bidder for cash in lawful money of <br />the United States payable at the time 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 recitals in such deed of any matters <br />or facts shall be conclusive proof of the truthfulness thereof. Any person, including without limitation Trustor, Trustee, or Lender, may <br />purchase at such sale. <br />(b) As may be permitted by law, after deducting all costs, fees and expenses of Trustee and of this Trust, including costs of evidence of <br />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 <br />Trust or under the terms of the Note 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 />Remedies Not Exclusive. Trustee and Lender, and each of them, shall be entitled to enforce payment and performance of any indebtedness <br />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 <br />Related Documents, or under any other agreement or any laws now or hereafter in force; notwithstanding, some or all of such indebtedness <br />and obligations secured by 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 action or pursuant to the power of <br />sale or other powers contained in this Deed of Trust, shall prejudice or in any manner affect Trustee's or Lender's right to realize upon or <br />enforce any other security now or hereafter held by Trustee or Lender, it being agreed that Trustee and Lender, and each of them, shall be <br />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 <br />either of them may in their absolute discretion determine. No remedy conferred upon or reserved to Trustee or Lender, is intended to be <br />exclusive of any other remedy in this Deed of Trust or by law provided or permitted, but each shall be cumulative and shall be in addition to <br />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 <br />Note or any of the Related Documents to Trustee or Lender or to which either of them may be otherwise entitled, may be exercised, <br />concurrently or independently, from time to time and as often as may be deemed expedient by Trustee or Lender, and either of them may <br />pursue inconsistent remedies. Nothing in this Deed of Trust shall be construed as prohibiting Lender from seeking a deficiency judgment <br />