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DEED OF TRUST <br />Loan No: 7462795 (Continued) Page 4 <br />2p nn <br />2n5 1 � <br />the valldtty of, or liability under, any Guaranty of the Indebtedness. In the event of a death, Lender, at its option, may, but shall not be <br />required lo, permit the guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to <br />Lender, and, in doing so, cure any Event of Default. <br />Insecurity. Lender in good faith believes itself insecure. <br />Right to Cure. If such a failure is curable and it Tfuslor has not been given a notice of a breach of the same provision of this Dead of Trust <br />within the preceding twelve (12) months, it may be cured (and no Event of Default will have occurred) If Truster, after Lender sends written <br />notice demanding cure of such failure: (a) cures the failure within fifteen (15) days; or (b) if the cure requires more than figeen (15) days, <br />immediately initiates steps sufficient to cure the failure and thereafter continues and completes all reasonable and necessary steps sufficient <br />to produce compliance as soon as reasonably practical. <br />RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust. at any time thereafter, Trustee or Lender may <br />exercise any one or more of the following rights and remedies: <br />Acceleration Upon Defeull; Addillonal Remedies. If any Event of Default occurs as per the terms of the Note secured hereby, Lender <br />may declare all Indebtedness secured by this Dead of Trust to be due and payable and the same shall thereupon become due and <br />payable without any presentment, demand, protest at 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 <br />without regard to the adequacy of its security, enter upon and take possession of the Property, or any pert thereof, In Its own name <br />or in the name of Trustee, and do any acts which it deems necessary or desirable to preserve the value, marketability or rentability <br />of the Property, or pad of the Property or Interest In the Property; increase the income from the Properly or protect the security of <br />the Property: and, with or without taking possession of the Property, sue for Or otherwise collect the rents, issues and profits of the <br />Properly, including those pest due and unpaid, and apply the same, less costs and expenses of operation and collection attorneys' <br />fees, to any indebtedness secured by this Deed of Trust, all in such order as Lender may determine. The entering upon and taking <br />possession of the Property, the collection Of such rents, Issues and profits, and the application thereof shall not cure or waive any <br />default or notice of default under this Deed of Trust or Invalidate any act done In response to such default or pursuant to such <br />notice of default; and, notwithstanding the continuance In possession of the Property or the collection, receipt and application of <br />rents, issues or profits, Trustee or Lender shell be entitled to exercise every right provided for In the Note or the Related <br />Documents or by law upon the occurrence of any event of default, including the right to exercise the power of sale; <br />(b) Commence an action to foreclose this Dead of Trust as a mortgage, appoint a receiver or specifically enforce any of the <br />covenants hereof; and <br />(c) Deliver to Trustee a written declarefion of default and demand for sale and a written notice of default and election to cause <br />Truster's interest in the Property to be sold, which notice Trustee shall cause to be duly filed for record In the appropriate offices of <br />the County In which the Property is located and <br />(d) With respect to all or any part of the Personal Property, Lender shell have all the rights and remedies of a secured party under <br />the 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 both, <br />Trustee and shell deposit with Trustee this Deed of Trust and the Note and such recelpts and evidence of expenditures made and <br />secured by this Deed of l "rust as Trustee may require. <br />(a) Upon receipt of such notice from Lender, Trustee shall cause to be recorded published and delivered to Truster such Notice <br />of Default and Notice of Sale as then required by law and by this Deed of Trust. Trustee shall, without demand on Truster, after <br />such time as may then be required by law and after recordation of such Notice of Default and after Notice of Sale having been <br />given as required by law, sell the Property at the lime and place of sale find by it in such Notice of Sale, either as a whole, or In <br />separate lots or parcels Or items as Trustee shall deem expedient, and in such order as it may determine, at public auction to the <br />highest bidder for cash In lawful money of the United Slates payable at the time of sale. Trustee shell deliver to such purchaser or <br />purchasers thereof its good and sufficient dead or deeds conveying the property so sold but without any covenant Or warranty, <br />express or implied, The recitals In such dead of any matters or facts shall be conclusive proof of the truthfulness thereof. Any <br />person, including without Iimitabon Truster, Trustee, or Lender, may 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 <br />evidence of title in connection with sale, Trustee shall apply the proceeds of sale to payment of (i) all sums expanded under the <br />terms of this Deed of Trust or under the terms of the Note not then repaid, including but not limited to accrued interest and late <br />Charges. (II) all other sums then 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 <br />intlebtetlness or obligations secured by this Deed of Trust and to exercise all rights and powers under this Deed OI Trust, under the Note, <br />under any of the Related Documents, or under any other agreement or any laws now or hereafter in force; notwithstanding, some Or all of <br />such indebtedness and obligations secured by this Deed of Trust may now or hereafter be otherwise secured, whether by mortgage, dead of <br />trust, pledge, lien, assignment or otherwise, Neither the acceptance of this Deed of Trust nor Its enforcement, whether by court action or <br />pursuant to the power of sale or other powers contained in this Deed of Trust, shall prejudice or in any manner affect Trustee's or Lender's <br />right to realize upon or enforce any other security now or hereafter held by Trustee or Lender, it being agreed that Trustee and Lender, and <br />each of them, shall be entitled to enforce this Deed Of Trust and any other security now or hereafter held by Lender or Trustee in such order <br />and manner as they or either of them may in their absolute discretion determine. No remedy conferred upon or reserved to Trustee or <br />Lender, is intended to be exclusive of any other remedy In this Deed of Trust Or by law provided or permitted but each shall be cumulative <br />and shell be in addition to every Other remedy given in this Deed of Trust or now or hereafter existing at law or in equity or by statute. Every <br />power or remedy given by the Note Or any of the Related Documents to Trustee or Lender or to which either of them may be otherwise <br />entitled may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Trustee or Lender, <br />and either of them may pursue inconsistent remedies. Nothing In this Deed of Trust shall be construed as prohibiting Lender from seeking a <br />deficiency judgment against the Truster to the extent such aallen is permitted by low. <br />Election of Remedies. All of Lenders rights and remedies will be cumulative and may be exercised alone or together. If Lender decides to <br />spend money or to perform any of Truster's obligations under this Deed of Trust, after Truster's failure to do so, that decision by Lender will <br />not affect Lender's right to declare Truster in default and to exercise Lender's remedies. <br />Request for Notice. Truster, on behalf of Truster and Lender, hereby requests that a copy of any Notice of Default and a copy of any Notice <br />OI 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 />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 <br />to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any court action is <br />involved and to the extent not prohibited by law, all reasonable expenses Lender incurs that In Lender's opinion are necessary at any time <br />for the projection of its interest or the enforcement of Its rights shall become a part of the Indebtedness payable on demand and shell bear <br />interest at the Note rate from the dale of the expenditure until repaid. Expenses covered by this paragraph include, without limitation, <br />however subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, <br />including attorneys'fees antl expanses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), <br />appeals, and any anticipated post — judgment collection services, the cost of searching records, obtaining file reports (Including foreclosure <br />reports), surveyors' reports, and appraisal fees, title insurance, and fees for the Trustee, to the extent permitted by applicable law. Truster <br />also will pay any court costs, In addition to all other sums provided by law. <br />Rights of Trustee. Trustee shall have all of the rights and duties of Lender as set forth in this section. <br />POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and Obligations of Trustee are pad of this Deed of <br />trust: <br />Powers of Trustee. In addition to all powers of Trustee arising as a matter of law, Trustee shall have the power to lake the following actions <br />with respect to the Properly upon the written request of Lender and Trustoc (a) join In preparing and filing a map or plat of the Real <br />