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DEED OF TRUST <br />Loan No: 774252 200206435 )Continued) - pages <br />indebtedness and is not cured during any applicable grace period in such Instrument, or any suit or other action is commenced to <br />foreclose any existing lien on the Property. <br />Right to Cure. If such a failure Is surable and It Borrower or Trustor has not been given a notice of a breach of the same provision of <br />this Deed of Trust within the preceding twelve 1121 months, it may be cured land no Event of Default will have occurred) it Borrower <br />or Trustor, after Lender sends written notice demanding care of such fa'JUre_ (a) cures the failure within fifteen (15) days; or LI if <br />the r. ure requires loss more than fifteen 1151 days. Immediately initiates steps seas o too c the failure and thereafter continues and <br />completes all reasonahly and necessay steps sufficient to produce compliance as soon as reasonably practical. <br />RIGHTS AND REMEDIES ON DEFAULT. If an Fvent of Csfault occurs under this Dead of Trust, at any time thereafter, Trustee or Lender <br />may axerarea any one or more of the following rights and rcmedlos: <br />Acceleration Upon Default; Additional pemetlles. If any Event of Default occurs as per the terms of the Note secured hereby, <br />Lender may declare all Indebtedness secured by this Deed of Trust 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- Tharnafter, Lender may: <br />(al 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, o r any part thereat In Its <br />own horns or <br />in thou of Trusrea, and do any acts which It deems necessary or desirable to preserve the value, <br />Property o ct tae se of the Property, rt part of the Property t along pas the on of the Pr increase the income from the <br />Property or prefect the security of the Property: and, witin n without asking possession of the Property, sue for otherwise <br />collect the note issues and profits of the Property, <br />ees, t any i those past due and unpaid, and d of the teary, less costs and <br />expenses y operation and a entering attorneys fees, to any indebtedness secured by this Deed of Trust, all in such order as <br />Lender may the determine . The entering upon and taking possession of the Property, the collection of such rents, issues and <br />profits, and the application Thereof <br />espon shall out cure a w any default o notice of default under r e Deed of Trust or <br />nvalinuan any act done In response er such tlefault or pursuant to such nation of rents, ued, r protihslarust the <br />ender s ce in possession t of the Property or the collection, receipt and application of rents, u r profits, Trustee o <br />c sues r <br />Lender shall be entitled to e default, every right fight to for in e the Note or the Related Documents or by law upon the <br />occurrence of any event of tlelaull including the right to exercise the power of sale; <br />to Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver or specifically enforce any of the <br />covenants harbor, and <br />(c) Deliver to trustee a written declaration of default and demand for sale and a written nndne of default and election retire Trustor's interest in the Property to be sold, which notice Trustee Shull cause to be duly filed for record In the <br />appropriate offcee of the County In which the Property is located and <br />Idi With respect to all or any part of the Personal Property, I ender shall have all the rights and remedies of a secured party <br />under the Nebraska Uniform Commercial Code. <br />Foreclosure by Power of Sale. It Lender elects to foreclose by exercise of the Power of Sale herein contained Lender shall nutify <br />Trustee and shall Jeposit with Trustee this Decd of Trust and the Note and such receipts and evidence of expenditures made and <br />secured by this Deed of Irust as Trustee may require. <br />(a) Upon re eipt 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 than required by law and by this Deed of Trust. Trustee shall, without demand on <br />Trustor, after such time a s may then be required by law and after recordation of such Notice of Default and after Notice of <br />Sale 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 as a whole, or n separate lots or parcels or items as Trustee shall deem expedient, and In such order as It may <br />determine, at public auction to the highest bidder for cash In lawful money of the United States payable at the time of sale. <br />Trustee shall deliver to such purchaser or purchasers thereof its good and suffic.irm deed or deeds conveying the property so <br />sold, but without any covenant or warranty, express or implied. The recitals In such deed of any matters or facts shall he <br />conclusion proof of the truthfulness thereof. Any person, including without traducer) Trustor, Truffles, or Lender, may <br />parohass at such sale. <br />to As may be conflicted by law, after deducting all costs, fees and expenses of Trustee and of this Trust, including costs of <br />evidence of title in connector with sale, Trustee shall apply the proceeds of sale to payment of 111 all sums expended under <br />the terms of this Deed of Trust or under the terms of the Note not then repaid, Including but not limited to accrued interest <br />and late charges, hif all other sums then secured hereby, and (iii) the remainder, if any, to the person or persons legally <br />entitled francs,. <br />(n) Trustee may In the manner provided by law postpone sale of all or any Von.ar, of the Property. - <br />Ramedies Net 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 <br />Noce, under any of the Related Documents, or under any other agreement or any laws now r hereafter in force; notwithstanding, <br />some or all of such Indebtedness and obligations secured by this Deed of Trust may now or hereafter be otherwise secured, whether <br />by mortgage, deed of trust, pledge, lien, assignment n otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, <br />whether by court action or account to the power of sale or other powers contained in this Deed of Trust, shall preludice or any <br />manner affect Trustee's or Lender's right to realize upon or enforce any other security now or huraafter held by Trustee or Lender, it <br />being agreed that Trustee and Lender, and each of them, shall be entitled to enforce this Deed of Trust and any other security now or <br />hereafter held by Lender or Trustee In uch order and m as they or either of them may in their absolute discretion determine. No <br />ready conferred upon or reserved to Trustee or Lender, is intended to be exclusive of any other remedy in this Dead of Trost or by <br />law provided or permitted, but each shall be cumulative and shall be m addition to every other remedy gluon in this Deed of Trust or <br />now or hereafter existing at law or In equity or by statute. Every power or remedy given by the Note or any of the Related Documents <br />to Trustee or Lender or to which either of them may he otherwise entitled, may be exercised, concurrently or independently, from time <br />to time and as often as may be demmnd expedient by Trustee or Lender, and either of them may pursue Inconsistent remedies. <br />