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200207737
<br />DEED OF TRUST
<br />Loan No: 774634 (Continued) Page 6
<br />time required by the promissory note evidencing such indebtedness, or a default occurs under the Instrument securing such
<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 Lure. If such a failure Is curable and if Borrower or Trustor has nut been given a notice of a breach of the same provision of
<br />this Deed of Trust within the preceding twelve It 2) months, it may be cured land no Event of Default will have incurred) if Borrower
<br />or Trustor, after Lander sands written not, oe do manding o r e of such fat l Ore: on Eares the to l are with,. f, teen 115) days; or hl if
<br />the cure requires more than fifteen 115) days, immediately initiates steps sufficient to cure the failure and thereafter cuntinues and
<br />completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical.
<br />RIGHTS AND REMEDIES ON DEFAULT. It an Event of Default occurs under this Deed of Trust, at any time thereafter, Trustee or Lender
<br />may exercise any any 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,
<br />Lender may declare all Indebtedness secured by this Dead of Trust to be due and payable and the same shall thereupon become
<br />due and payahle without any presentment demand, protest or notice of any kind, Thereafter. Lender may:
<br />no 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 m the adequacy of its security, enter upon and use possession of the Property, or any pert thereof, in its
<br />own name or in the name of Trustee, and do any acts which it deems necessary or desirable to preserve the value,
<br />marketability or entability of the Property, or part of the Property or interest In the Property: Increase the Income from the
<br />Property or insurer 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 Property, including those 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 Deed of Trust, all in such order as
<br />Lender may determine. The entering upon and taking possession of the Property, the collection of such rents, issues and
<br />profits, and the application thereof shall not cure or waive any default or notice of default under this Decd of Trust or
<br />invalidate any out tlo.e s response to such default or pursuant to such notice of default; and, notwithstanding the
<br />pminmence in possession of the Propery or the collection, receipt and application of rents, issues or profits, Trustee or
<br />Lender shall he entitled to exercise every right provided for In the Note or the Related Documents or by law upon the
<br />ocwrrence of any event of default, including the right to exercise the power of sale;
<br />lb) Commence an action to foreclose this Dead of Trust as a mortgage, appoint a receiver or sperificallV enforce any of the
<br />covename hereof; and
<br />Icl Deliver to Trustee a written declaration of default and demand for sale and a written notice of default and election to
<br />cause Trustor's Inlemst in the Property to be sold, which notice Trustee shall cruse to be duly filed for record In the
<br />appropriate offices of the County in which the Property is located; and
<br />IS) With respect to all or any part of the Personal Property, Lender shall have all 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 at 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 Deed 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 Deed of Trust. Trustee shall, without demand on
<br />Truster, after such time as 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 Properly at the time and plane of sale fixed by It in such Notice of Sale,
<br />either as a whole, or separate lots or barrels or items as Trustee shall dean expedients and in such Order as it may
<br />determine, at public auction to the highest bidder for rash in lawful money of the United Slates payable at the time of sale.
<br />1 nudes, shall deliver to such purchaser or purchasers thereof its good and sufficient deed or deeds conveying the property so
<br />sold but without any reverent or warranty, express or implied . The recitals s ush dead of any matters or facts shall be
<br />w l
<br />conclusive proof of the truthfulness thereof. Any person, including thout limitation Tmsmr, Trustee, or Lender, may
<br />purchase at such sale.
<br />NI As may he permitted by law, otter deducting all casts, fees and expenses of Trustee and of this T rust Including costs of
<br />evidence of title In connection with sale, Trustee shall apply the proceeds of sale to payment of (i) all sums expended under
<br />The terms of this Deed of Trust or under the terms of the Note not then repaid, including but nor limited to accrued interest
<br />and late r.harg.S, (11) all other sums then secured hereby, and 1111) the remainder, If any, to the person m bacons legally
<br />entitled thereto.
<br />act Trustee may in the manner provided by law postpone sale of all or any portion of the Property.
<br />Remedies Not Exclusive. Trustee and Lentler, and each of them, shall be entitled to enforce payment and performance of any
<br />indebtedness or gbI,,at,.h, s red by this Deed of Trust and m exercise all rights and powers under this Deed of I rust, under the
<br />Note, under any of the Related Documents, or under any other ogre neon or any laws now or hereafter in force; notwithstand'my,
<br />e or all of such indebtedness and obligations Secured by this Deed of Trust may now or hereafter be otherwise secured, whether
<br />by
<br />Some or
<br />deed of trust, pledge, lien, sopynment or otherwise. 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 in any
<br />manner affect Trustee's or Lenders right to realize upon or enforce any other security have Or hereafter red by Trustee or Lender. It
<br />being agreed that Trustee and Lender, and each of them, shall be entitled to enorce this Deed of Trust and any other security now or
<br />hereafter held by Lender or Trustee in such order and m m er as they or either of them may in their absolute discretion determine. No
<br />remedy pattered! upon or rrved to Trustee or Lender, is intended to he exclusive of any other remedy In this Decd of Trust or by
<br />law provided or permitted, but each shall he cumulative and shall be in addition to every other remedy given in this Deed of trust or
<br />now or fresher existing et law or equity or by Statute. Every power or remedy given by the Nate or any of the Related Documents
<br />to Trustee or I ender or to which either of from inay be otherwise entitled, may be exercised e .... roamly or intlependenfly, from time
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