|
DEED OF TRUST
<br />Loan No: 774207 (Continued) Page 6
<br />20090942,
<br />indebtedness and is not cured during any applicahla terra 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 curable and if Borrower or Trustor bus nut been given a notice of a breach of the same provision of
<br />this Deed of Trust within the preceding twelve (12) months, it may be cured land no Event of Default will have occurred) If Borrower
<br />or Trustor, after Lender sends written actinic demanding DI9
<br />r, of such failure: (a) cures the failure within fifteen (15) days: or (b) if
<br />the cure requires more than fifteen 1151 days, ff cent to y produce steps sufficient in cure the failure and [hereafter continues antl
<br />completes all reasonable and neoe_semy steps sufficient to protluce uertryllanco as soon as reasonably practical.
<br />RIGHTS AND REMEDIES ON DEFAULT. If an Favor of Default occurs under this Deed of Trust, at any dorle thereafter, Trustee or I ender
<br />may exercise any one or mote of the following rights antl remedies-
<br />Acceleration Upon Default; Additional Remedies. If any Event of Default occurs as per the terms of the. Note secured hereby,
<br />ecu
<br />Lender may declare ell Indebtedness s red by this Deed of Trust to be due and payable and the s e shall thanodan become
<br />due and payable without any presentment demand, protect or notice of any kind. Thereafter, Lender may:
<br />(a) Either in person or by agent, with or wittiest 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 VOS'aes'som of the Property, or any part thereof, in Its
<br />own name or in Then at 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 indUrld Tom the
<br />Property or protect the security of the Property; and, with or without taking possession of the Property, sue for or otherwise
<br />not the rents, Acers and profits of the Property, including these past due and unpaid, and apply the same, less costs and
<br />expenses of Operation and collection attorneys' fees, to any indebtedness secured by This Deetl of Trust, all in curb order as
<br />Leader may tletermine. The mtering upan and taking possession of the Property, the collection Of such ones, issues and
<br />profits, and the application thereof shall not cure or waive any default or notice of default under this Deed Of Trust or
<br />avolidate any act done In response er such default ti pursuant to such nation of urnsuh; and, r profits, the
<br />Lenders all in possession of the Property or the collection, receipt he and application of rents, Is, c profits, Trustee or
<br />Lender shall bey event f exercise default, I eery right right to tl for in That Note or the Relate) Documents or by law upon thin
<br />ocunrance of any even[ of tlefault, induding tiro right to nxnrrire ice polder of 6dle;
<br />Ibl Commence an action to foreclose this Deed of Trust as a murtyage, appoint a receiver or specifically enforce any of the
<br />covenants hereof, and
<br />ph Deliver to Trustee a written declaration of default and demand for sale and a written notice of default And election to
<br />cause Trustee's interest In the Property to be suld, which notice Trustee shall cause to be duly filed for record in the
<br />appropriate offices of the County in which the Property is located; and
<br />Id) With respect to all or any part of the Personal Property, Lender shall have sll the rights and remedies of A secured party
<br />under the Nebraska Uniform Commercial Code.
<br />Foreclosure by Power of Sale. If Lender elects to foreclose by exercise of the Power of Sale herein remained, 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 />ennumd by this Deed of Trust as Trustee may require.
<br />Iai Upon re cipt of such notice from Lender, Trustee shall cause to Up recorded, published and delivered to Trustor such
<br />Notice of Default and Notice of Sale as than required by law antl by this Deed at Rust Trustee shall, without demand n
<br />Truster, after such time A s may than on required by law and after recordation of such Notice of Default and after Notice of
<br />Sale having been given as required by law, dell the Property at the time and place of sale fixed by it in such Notice of Sale,
<br />either a whole, n separate lots or parcels or Items as Trustcc 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 sufficient deed or deeds conveying elm property so
<br />sold, but without any covenant or varty, express or implied - The radicals in such deed of any matters or facts shall be
<br />conclusive e proof of the truthfulness thereof. Any person, including without limitation Trustor, Trustee, or Lender, may
<br />pumhas'e at sucM1 sele-
<br />IN As may be permitted by law, after deducting all costs, fees and expenses of Trustee and at this Trust, Including costs of
<br />evidence of title in connection will, sole, Trustee shall apply the proceeds of sale to payment of lit all sums expended Under
<br />the terms of this Deed of Trust or under the terms of tiro Note not then repaid, including but not limited to accrued interest
<br />and late charges, Iii) all niter sums then secured hereby, and 11111 the remainder, if any, to the person or persons legally
<br />entitled thereto.
<br />Tel Trustee may in the manner provided by law postpone sale of all or any practice of the Property.
<br />Remedies Not Exclusive. Trustee and Lender, and each of [hem, shall be entitled to enterer, payment and performance of Any
<br />Indelttodnass or obligations secured by this Deed of Trust and m r e all rights and powers under this Deed Of Trust, under the
<br />NDtC, under any of the Related Documents, Or under ody other agreement or any laws now or hereafter in force; notwithstanding,
<br />some or all of such indebtedness and obligations secured by this Deed of Trust may now or hereafter ba otherwise secured, whether
<br />by mortgage, dead of trust, sludge, lien, assimm ent or otherwise, Neither the accepts ce of this Deed of Trust nor Its enforcement,
<br />whatnot by court action or pursuant to the power of sale or ochry powers contained In this Deed of Trust, she11 pub,amoe or in any
<br />manner affect Trustar's or Lender's right to realize upon or amerce any other security now or hereafter held by Trustee or Lender, it
<br />being agreed that Trustee and I ender, and each of them, shall be entitled to enforce this Deno of Trust and any niter security now or
<br />hereafter held by Lender or Trustee id l uch order and m as they or either of them may In their absolute discretion determine. No
<br />reedy conferred upan or reserved tol reside or LmdCan is intended to ha exr,luslve of any other remedy in this Deed of Iust or by
<br />law provided or permitted, but each shall be cumulative and shall be ro addition toevery other remedy given in this Deed of Trust or
<br />now or hereafter existing at law air in equity or by statute. Every power or remedy given by the Note Dr any of the Ralated Documents
<br />to Trustee or Lender or to which either of them may he otherwise entitled, may be exercised, concurrently Or hulependartly, from time
<br />to time and as often as may be deemed expedient by Trustee, or lender, and either of them may pursue inconsistent omodms-
<br />
|