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2� 1 ��5542 DEED �F TRUST �Cont�nued� Page 5 belie�es th�prospect of payment vr perforrnance of the Indebtedness is impa+red. Insecurity. Lender in good faith belte�es itself inse�ure. Right tv Cure. If any dertault,other than a de#ault in payment, is curable and ifi Trustar has not been gi�en a n�tice vf a breach�f th�same prv�isivn of this❑eed of Trust within the preceding twe��e �12y months. it may be cu�ed i� Trustor. after Lender ssnds writ�en nvtic� to B�rrow�r demandtng cur� of such default: t 1 f cures the default within twen#y�2�I days;vr �2f if the cure requires mare than twenty��)days,immediately initiates steps which Lender deems in Lendsr's sole d+scretion tv be s�f�i�ient to cure the default and thereafter �ontinues and �ampletes all reasonahle and necessary steps sufficient to produce�vrnpliance as sovn as reasvnab�y practical, RI�HTS AM�REMEDlES UN�EFAVLT. If an E�ent of Default vccurs under this Deed of Trust, at any time thereafter, Trustee or Lender may exercise any one or more vf the fvllawing rights and remedies: A�cei�eration Upan Dafau�#:Additione!R�medies, !f any E�ent vf❑efauit occurs as per the terms of the Nate secured hereby. Lender may deGlare all Indebtedness seGured by this Deed of Trust to�e due and payable and the same shall thereupon become due and payable w�thvut any presentment,demand, prvtest vr notice vf any kind. Thereafter� Lender may: �a� Either in person or by agent, with or without bringing any action ❑r pfviceeding� ar by a �ecei�er appointed by e court and withvut regard ta the adequacy ot tts security, enter upan and take passessinn af the Property, or any part there�f. in its own name or in the name of Trustee, and do any acts which it dsems n�c�ssary❑r desirable t❑preser��the�alue, marketability❑r rentab�lity vf the Property, ❑r part v# the Prvperty or interest in the Praperty; increase the ineome fram the Property �r pratect the seGurity of the Property; and. with or rrvithout taking pvssession of the Prvperty, sue fvr or a�herwise coll�ct the rents, issues and protits vf the Property, includin� those past due a�nd unpaid, and app�y the same, less costs and�xpenses af operation and collection attorneys'fees.to any indehtedness secured by this Deed of Trust, al1 in such order as Lender may determine. The entering upon and taking p�ssessian �f the Property. the co�lectian af such rents, issues and profits, and the app[ication thereo# sha�� not cure ❑r wai�e any default or notice of default under this D�ed vf Trust vr in�alidate any act done in response t❑ such default ar purs�an#�o such notice of defaulti and, notwixhstanding#he cvntinuance in passession o# the Property or the �ollection, rec�ipt and application ❑f rents, issues or profits, Trustee �r Lender shall �e entitfed tv exercise e�gry cight provided for in the Note or the Related Dacumen�s or by law upon the vccurr�nce of any e�ent❑f defau�t, in�luding the right tv exercise the power vf sale; �by Cvrnmen�e an a�tion#v fvreclase this Deed of Trust as a martgag�, appoint a recei�er vr specifically enforce any af the�a�enants herevf; and (cf D�li�er to rrustee a written declaration of default and demand for saie and a written notice�f default �nd��ectian t❑cause Trustnr's interest in the Praperty t�he�old, which notice Trustee shall cause to be duly fiiled for re�ard in the appropriate offices of the County in which the Property is lvcated;and �dI Vll�th respect ta att or any part of the Persvna�Property, L�nder shall have all#he righ#s and remedies vf a secured party under the N�hraska lJnifarm Cvrnmercial Cade. Fareclosure by Pawer af Sale. If Lender elects tn for�c�ose by exer�ise at the Pov+rer�f Sale herein c�nta}ned, Lender sha�� notify Trustee and shalt depasit wi�h Truste�this Deed of Trust and the Note and su�h receipts and e�idence o#expenditures made and secured by#his❑eed of Trust as Trustee may require. �a} Upon receipt of su�h notice frorn Lender.Trustee shal��ause ta he recarded, published and deliWered to Trustor such Nvtice vf Default and Notic�of 5ale as then required by 1aw and by this ❑eed of Trust. Truste� shall, withvut demand on Trustar, after such time as may then be required by �aw and after r�cordativn❑f such Notice of Default and after Notice of 5ale ha�ing been gi��n as required by law, seli the Property ar the time and place nf sale fixed hy it in such Natice of 5ale, either as a whole, or in separate lats or pareels or items as Trustee sha�4 deem expedient, and in such order as it may dstermine, at public auctEan to�he highest hidder for cash in lawfu! maney o#the United Statss payal�le at the t#me �f safe. Trustee shall de�i�er ta such pur�haser o� purchasers thereof its gvod and sufficient deed or deeds conveying the property so sald, but without any �a�enant ❑� warranty► express or implied. The recita�s in such deed of any matters ar facts shall be canclusi�e proof of the truthfufness thereof. Any person, in�Euding with�ut iimitation Trustor, Trustee, or Lender. may purchase at such sale. (bl As may be perrnitted by law, after deducting all costs, fees and expenses Qf Trustee and of th�s Trust, including costs of e�idence of title in connection with sale,Truste�shall app�y the proceeds❑f sale to payment o# (i� ai1 sums expended under the terrns of this Deed vf Trust or under the terms of th�Note nat then rep�id, including but nor limited #o acerued interest and late �harges, �ii� all other sums then se�ur�d herehy, and �iii�the remainder, if any,to the person or persvns legally entitled thereto. tc} Trustee may in the rr�anner pravided by law post�one sale of all or any partinn of the Property. Remediea Nvt Exclus�ve. Trustee and Lender, and each ❑f them, sha1� �e entitled tv enfvrce payment and perfarmance a�F any ir�det�tedness or ob��gati�ns secured by rhis Deed of Trust and to exerc�se all rights and powers under this ❑eed of Trust, under the Nate, under any of the Related Documents, or under any other agr�ement or any laws now or hereaf#er in fa�ce; no#wi#hstanding. some or all of such indebtedness and obligati�ns secured by this �eed ❑f Trust rnay now ar hereafter f�e otherwise se�ured, whether by martgage, deed ❑f trust, pledge, lien, assignment or oiherwise. Neither the ac�eptance of this Deed vf Trus� nar its enforcement, whether by court action vr pursuani to the power of sale or vther powers contained �n this Deed vf Trust. shall prejudice ar in any manner af�ect Trustee's or Lender's right to realiie upon ❑r enfor�e any vther security nvw vr hereafter held by Trustee or Lend�r, it being agreed that Trustee and Lender, and�ach ofi thern, shall he entitled to enforce this Deed of Trust and any other securi�y now ❑r hereafter held by Lender or Trustee in suc� order and manner as they ar either vf them may in their absalute discretivn determine. No rsmedy �anferred upon ar reser�ed to Trustee ar Lender, is intended to be �xclusi�e❑f any other rernedy in th�s Deed vf Trust vr by law provided vr permitted, but each shall t�� cumulati�e and shall be in additivn ta e�ery other remedy gi�en in this Deed �f Trust ar now or hereafter existrng at 1aw or�n equity or by statute. E�ery power or remedy gi�en by the Note or any of the Related ❑acuments to �rustee or Lender or ta which either vt them ma� t�e otherwise entit�ed, rr�ay be exercised, cvn�urrently ar independently, from time to time and as often as may be deemed expedient hy Trustee�r Lender, and either a# th�m m�y pursue incvnsistent remedies. Nvthing in this Deed of Trust shal! be construed as prohihiting Lender frvrn seeking a deficiency judgment against the Trustor ta the extent such action is permitted by law. Elec�ion by Lender t❑ pursue any reme�y shall not exclude pursuit vf any other remedy, and an election to make expenditures ar to take action to perfvrrn an �bligation af Trusror under this Deed of Trust, after Trustvr's faiiure t❑perform, shall not affect Lender's right tv de�lare a default and exercise its remedies. Requast far No#ica. Trustar, ❑n behalf v�Trusxor and Lender, hereby reques#s that a copy�f any Notice of Default and a �opy af any Not�ce of Sale under this Deed of Trust be mailed t❑them at the addresses set forth in the first paragraph of this Deed❑f Trust, Attornays' Fees; Expenses. It Lender institutes any suit ❑r action to enforce any of th� terms o# this ❑eed vf Trust, Lender shall be entitled tv reca�er su�h sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether ❑r nat any cvur# action is in�ol�ed, and to the extent nat prohibited by law, all