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DEED OF TRUST <br />Loan No: 27438 200201775 (Continued) Z. � i t 0 .' () () Y Page 4 <br />Taking of the Prdpsrty: Any.credttonbr governmental agency tries to take any of the Property or any other of Trusters property in which <br />. Lender has..a hem .This includes taking of, gamishing of or levying onTrustor's accounts with Lender. However, If Truster disputes In good <br />faith whether the claim on which the taking of the Property Is based Is vatid.orreasonable,.and if Truster gives Lender:written notice of the <br />claim and furnishes Lender with monles or a surety bond satisfactory to Lender to a&#*, the claim, then this default provision will not apply. <br />Breach of Other Agreement, Any breach by Trustor under the terms of any other agreement between Trustor and Lender that is not <br />remedied within any grace period provided therein, Including without limitation any agreement concerning any Indebtedness or other <br />obligation of Truster to Lender, whether existing now or later. <br />Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party <br />of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes <br />the validity 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 to, permit the guarantees 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 If Truster 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 twenty (20) days; or (b) If the cure requires more than twenty (20) days, <br />Immediately Initiates steps sufficient to cure the failure and thereafter continues and oompialss all raasonabee and necessary steps sufficient <br />to produce compliance as soon as reasonabty 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 Default; Additional 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 Deed of Trust to be due and payable and the same shall thereupon become due and <br />payable without 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 <br />without regard to the adequacy of its security, enter upon and take possession of the Property, or any part 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 part of the Property or Interest in the Property; Increase the income from the Property 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 />Property, Including those past due and unpaid, and apply the same, less costs and expenses of operation end collection atiomeye <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 shall 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 Deed of Trust as mortgage, appoint a receiver or specifically enforce any of the <br />covenants 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 <br />Trusters 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 shall have all the rights end rermidjes Ate S>Wla2d:�iatiY.undar <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 notify <br />Trustee and shall deposit with Trustee this Deed of Trust and the Note and such receipts and evidence of expenditures made and <br />secured by this Dead of Trust as Trustee may require. <br />(a) Upon receipt of such notice from Lender, Trustee shall cause to be recorded, published and daliveredlo 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 lime 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 time and place of sale fixed 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 States payable at the time of sale. Trustee shall deliver to such purchaser or <br />purchasers thereof Its good and sufficient deed or deeds conveying the property so sold, but without any covenant or warranty, <br />express or Implied. The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including without limitation 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 We in connection with sale, Trustee shall apply the proceeds of sale to payment of (1) all sums expended 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, (if) 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 />Indebtedness or obligations secured by this Deed of Trust and to exercise all rights and powers under this Deed of 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, deed 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 shall 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 W this Dead of Trust stroll be construed as Prohibiting Lender from seeking a <br />deficiency judgment against the Truster to the extent such action is permitted by taw. <br />Election of Remedies. All of Lender's 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, attar Trusters failure to do so, that decision by Lender will <br />not affect Lender's right to declare Trustor In default and to exercise Lender's remedies. <br />Request for Notice. Truster, 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 />Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Dead 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 taw; all reason" expenses Lender Incurs that in Lender's opinion are necessary at any time <br />for the'pfotechon of Its Interest or the enforcement of its rights shall become a part of the Indebtedness - payable on demand and shall bear <br />interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, without limitation, <br />however subject to any limits under applicable law, Lenders attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, <br />including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or Injunction), <br />