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<br /> Os-0�-�999 , T ,�, DEED OF TRUST 99' 1�58iZ5 Page 6
<br /> Loan No 764042 - (Continued)
<br /> Existing Indebtedness. A defauit 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 existlng lien on thA 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 /> Mitiates 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 /> Acceleretion upon DeMult; 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,ddmand,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 respc?nse tp such default or p�rsuant 3o such n�ti� �� 4�@fEU!t; an�!, nuEdr�`�ste�^�i�gr t;ie eont'nuance in
<br /> ^� possqs$:on oi i�Fte'r ropery or th� collection, receipt B[nd application of rents, issues or profits, Trustee or Lender sfiall be entitled to
<br /> exercisa every right provided for in the Note or the Related Documents or by Iaw 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 Propsrty 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 foced 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 Iawful 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 shali 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 iaw,after deducHng 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 /> ser.ured hereby,and (iii)the remainder,if any,to the person or persons legally entitled thereto.
<br /> :,
<br /> - (c) Tr�ste�may in fhe msn�er provided.by I�w postpon�sals'of a�l or any portion of the Property. ` '" `'
<br /> Remedles Not Exclusive. Trustes and Lender,and each of them,shall be entiBed to er�force 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 Documenis, or under any other agreement or any Iaws now or hereafter in force; notwithstanding, some or all of such indebtedness
<br /> and ob!iga�ions 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 a5 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 Iaw 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 ju�gment
<br /> � against the Trustor to the extent such acfion is permitted by law.
<br /> `* Request For Nottce. Trustor,on behalf of Trustor and Lender,hereby requests that a copy of any Notice of Default and a copy of any Notice
<br /> of Sale under this Deed of Trust be mailed to them at the addresses set forth in the first paragraph of this Deed of Trust.
<br /> Waiver; Election of Remedies. A waiver by any party of a breach of a provision of this Deed of Trust shall not constitute a waiver of or
<br /> prejudice the pariy's rights otherwise to demand strict compliance with that provision or any other provision. Election by Lender to pursue any
<br /> remedy provided in this Deed of Trust,the Note,in any Related Document,or provided by Iaw shall not exclude pursuit of any other remedy,
<br /> and an election to make expenditures or to take action to perform an obligation of Trustor under this Deed of Trust after failure of Trustor to
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