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�� DEED OF TRUST hage 6 <br /> o$-2a�ss9 - �',� -��8643 <br /> Loan No 764679 (Continued) <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 Iaw: <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 uppn and taking possession of the Property,the collection <br /> of such rents,issues and prpfits,ars�the appliCation thereof sha!!n�#curs or Miaive any.defa�Lt or noticse of default�n!ier thi3 Deed of Trust <br /> or in�alidate a��y act done in sesponse lo such defauiY or pursuant to such notiee 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 speci6cally 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 ot 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 aHer Notice of Sale having been given as required by Iaw,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 suction 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 properly 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�ermitted by Iaw,after dAducting i311 costs,fees and expE�ses of Tr;istee and ;rf this Trust,includi;ig costs of evids�ce of <br /> title+n connection v�ith sale,Tru�tee shall apply the proceeds of sale to payment of (i)all sums expended undet 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 /> Res�se�i�es Noi�ccius�ive. 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 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 judgment <br /> against the Trustor to the extent such action is permitted by Iaw. <br /> Request For Notice. 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 party's rights otherwise to demand strict compliance with that prov�sion 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 law shall not exclude pursuit of any other remedy, <br /> and an election to make ex�enditures or to t�ke action to perform an obligation of Trustor under this Deed of Trust aftar failure of Trustor ta <br /> perform shall not affect Lender's right to declare a default and to exercise a�iy nf its remedios. <br /> Attorneys'Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Deed of Trust, Lender shall be entitled to <br />