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DEED OF TRUST 200206420 <br />Loan No: 774249 (Continued) Page 6 <br />Indebtedness and is at cured during any appliaahle grace period in such 'gstrument, or any Suit or other action is commenced to <br />foreclose any existing lien on the Property. <br />Right to Cure. I f such a failure is Curable and if Borrower or Truster has oat been given a notice of a breach o ft he same prevision of <br />this Deed of Trust within the preceding twelve (12) months, it may be cured (and no Faem of Default will have he <br />if Borrower <br />or Truces, after Lender sends written notice demanding cure of such failure: (a) havis the failure within fifteen 115) days; or to If <br />the cure requires more than fifteen (15) tlays, insardiately initiates steps sufficient to cure the failure and thereafter continues and <br />c mplates all reasonable and necessary Steps sufficient to produce compliance as soon as reasonably practical. <br />RIGHTS AND REMEDIES ON DEFAULT. If an Fvent of Default occurs under this Deed of Trust, at any time thereafter, Trustee or Lender <br />may 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 terns of the Note seduced hereby, <br />Lender may declare all Indebtedness Secured by this Deed of I rust to be due and payable and the same shall thereupon become <br />due and payable without any presentment, demand, protest or notice of any kind. Thereafter, Lender may: <br />(a) Ether In person or by agent, with or without brocang 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 <br />own name or In then a of Trustee, and do any acts which it deems necessary or desirable to preserve the value, <br />marketability or rentability of the Property, or part of the Property or interest in the Property; increase the income (ram the <br />Property or protect the security of the Property, and, with or without taking possession of the Property, sue for or otherwise <br />collect the rents, issues and profits of the PNperly, 'Including those past due and unpaid, and apply the same, less costs and <br />expenses of oPerotion and rnllection attorneys fees, to any indebtedness Secured by this Dead of beat all Ia such Order as <br />lender may determine, The entering upon and taking possessiar, of the Property, the collection of such rents, IS a and <br />profits, and The application thereof shall not cue or waive any default or notice of default under this Deed of sI rust or <br />validate any act done in response to such default Or pursuant to such notice of default; and, notwithstanding the <br />continuance in possession of the Property or the collection, receipt and application of rents, Issues or profits, Trustee or <br />Lender shall be entitled to exercise every right provided fur In the Note Or the Related Documents or by law upon the <br />occurrence of any event of default, 'including the right to exercise the power of sale; <br />(b) Con inenee a action to foreclose this Deed of Trust as a mortgage, appoint a receiver u specifically enforce any of the <br />covenants heraufn and <br />Ic) Deliver to Trustee a written declaration of default and demand for sale and a written notice of default and election to <br />cause Trustnr's interest in the Property to he sold, which notice Trustee Shall cause to he duly filed for record In the <br />appropriate offices of the County in which the Property I, Iodated; and <br />(d) With respect to all or any part of the Personal Property, Loodur shall have all the rights and remedies of c secured party <br />under the Nebraska Uniform Commercial Code. <br />Foreclosure by Power of Sale. If Lender elects to forueloce by exercise of the Power at Sale hureln contained, I ender shall notify <br />Trustee and shall deposit with Trustee this Deed of Trust and the Note and svdh 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 delivered to Truster such <br />Notice of Default and Notice of Sale as then required by law and by this Dead of Trust. Trustee shall, without demand on <br />Truster, after such time as may then he required by law and after recordation Of such Notice of Default and after Native of <br />Site having been given as required by law, sell the Property at the time and place of sale fixed by it in such Notice of Sale, <br />either c where, n n separate lots or parcels or items as Trustee shall users expedlent, and in Such order as it may <br />determine, at public auction to the highest bidder Or cash in lawful money of the United States payable at the time of .Sale. <br />Trustee shall deliver W such purchaser or purchasers thereof its good and sufficient deed or deeds conveying the property so <br />sold, hot Without any covenant or warrant, express or Implied. I Its recitals in such deed of any matters or facts Shall be <br />conclusive proof of the trulhlulucSSthereof_ Any person, Including without limitation Truster, Trustee, or Lender, may <br />purchesa at such Sala. <br />to) As may be ar,notad by law, after deducting all casts, fees and expenses of Trustee and of this Trust . including costs of <br />evidence of title in connection with sale, Trustee shall apply the prucoeds of said to payment of It) all sums expanded under <br />the terms of this Deed of Trust or under the terms of the Note not then repo W, including Litt not limited to accrued Interest <br />and late charge,, Ili) all other sums then secured hemM1y, and (iii) the remainder, If any, to the person or persons legally <br />entitled Nereta. <br />Ic) 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 he entitled to enforce payment and performance of any <br />indehtedness or obligations secured by this Deed of Trust and to exercise all rights and powers under this Deed of Trust, undw the <br />Nate, under any of the Related Documents, or under any other agreement or any laws now ar hereafter in force; notwithstanding, <br />some or all Of such indebtedness and obligations secured by this Deed of Trust may new or hereafter be otherwise secured, whether <br />by mortgage, deed of trust, pledge, Ilen, assignment or ollerva se. Neither the acceptance of this Deed of Trust nor its enforcement, <br />whether by court action or pursuant to the power of sale or other powers contained in this Deed of Trust shall prejudice or n any <br />manger <br />affect Trustee's or Lend or, right to rit ripen or enforce any other security now or hereafter held by Trustee or Lender, It <br />being agreed hot that Trustee and Lender, and order of them, shall be entitled to enforce this Deed of Trust and any Other security now or <br />remedy ere c nfe re Lender or Trustee In such order antl m e they or either of them may In their absolute J his D e determine. No <br />.dcd or p upon or re vac to Trustee or Lender, n intended be tc d exclusive every any ether rely given In this is D of Trust s by <br />law or have or permitted, but each ,tell be cumulative and shall be in or re on to every other remedy given In this Deed of trust or <br />now or eer or her existing at law or In equity or by Statute. Every peter or remedy given se the Nalco any of the Related Documents <br />to Trustee or Lender or a which either n them may be otherwise entitled, may he exercised, concurrently ore nocance t from time <br />to time and as often as may be Oeomad expetlient by Trustee or Lender, and rather of them may pursue Inconsiemnt remedies. <br />