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200300520
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Last modified
10/15/2011 2:22:31 PM
Creation date
10/21/2005 3:52:27 PM
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DEEDS
Inst Number
200300520
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200300520 <br />default cannot be cured within such thirty-day period with the exercise of all due diligence and <br />Truster commences to cure the same with all due diligence before the expiration of such thirty -day <br />period, within such period of time as maybe necessary to core the same with the exercise of all due <br />diligence; or <br />(b) That datewhich is thirty(30) days afternotice ofthebreach by Trustorofany <br />term, covenant, agreement, condition, provision, representation or warranty set forth in the Note, <br />provided such breach is not corrected within such thirty (30) day period, or, if such breach or default <br />cannot be cured within such thirty -day period with the exercise of all due diligence and Truster <br />commences to cure the same with all due diligence before the expiration of such thirty -day period, <br />within such period of time as may be necessary to cure the same with the exercise of all due <br />diligence; or <br />(c) If Truster defaults, without regard to a period to cure, under the terms and <br />conditions of the First Deed of Trust, or if Truster fails to provide written notice thereof to <br />Beneficiary pursuant to Section 2(f) hereof. <br />8. ACCELERATION UPON DEFAULT; REMEDIES. In the event of the occurrence <br />of any Event of Default, Beneficiary at his option may declare any or all Obligations to be due and <br />payable and the same shall thereupon become immediately due and payable without any <br />presentment, demand, protest or notice of any kind. Thereafter, Beneficiary may, at its sole and <br />exclusive option: <br />(a) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a <br />receiver, or to specifically enforce any of the covenants hereof; <br />(b) Demand that Trustee exercise the power of sale granted herein; or <br />(c) Exercise any and all rights provided for in the Note or by Governing Law upon <br />the occurrence of an Event of Default. <br />9. FORECLOSURE BY POWER OF SALE. Should Beneficiary elect to demand that <br />Trustee exercise the power of sale herein contained, Trustee shall commence to sell the Trust Estate, <br />apply the proceeds therefrom, and otherwise enforce the power of sale in accordance with the terms <br />of the Nebraska Trust Deeds Act or by successor statute in effect at such time (the "Act "). <br />10. APPOINTMENT OF A RECEIVER. In the event of any Event of Default, <br />Beneficiary, without notice to Truster or anyone claiming under Truster, and without regard to the <br />then value of the Trust Estate or the interest of Truster therein, shall have the right to apply to any <br />court having jurisdiction to appoint a receiver or receivers of the Trust Estate. <br />11. APPOINTMENT OF SUCCESSOR TRUSTEE. Beneficiary may, from time to time, <br />in the manner provided by the Act, substitute a successor or successors to the Trustee named herein <br />or acting hereunder. <br />12. INSPECTIONS. Trustor shall permit Beneficiary to enter upon any part of the Trust <br />Estate, upon reasonable notice, for the purpose of inspecting the same. <br />a "�z„sA <br />-7- <br />
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