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DEED OF tRUSt 2 O 1 O O i 7 s rJ Page 5
<br />Loan No: 90'228233 (Continued)
<br />performs all the obligations imposed upon Trustor under this Deed of Trust, Lender shall execute and deliver to Trustee a request for full
<br />recvnveyance and shall execute and deliver to Trustor suitable statements of termination of any financing statement on file evidencing
<br />Lender's security interest in the Rents and the Personal Property. Any rscpnvayance fee required by law shall be paid by Trustor, if
<br />permitted by applicable law.
<br />DEFAULT. At Lender's optipn, Trustor will be in default under this Deed of Trust if any of the following happen:
<br />Fraud or Material Misrepresentation. Trustor commits fraud or material misrepresentation in connection with the terms of the Nota.
<br />Payment Default. Trustor fails to meet the repayment terms of the Note for any outstanding balance.
<br />Other Defaults. Trustpr's act or failure to act adversely affects Lender's security interest in the Property, or any right of Lsndar's in
<br />such security.
<br />Right to Cure. If any default, other than a default in payment is curable and if Trustor has not been given a notice of a breach of the
<br />same provision pf this Deed of Trust within the preceding twelve (12) menthe, it may be cured if Trustor, after Lender sends written
<br />notice tp Trustor demanding cure of such default: (1) cures the default within ten (10) days; or (2) if the cure requires more than
<br />ten (10) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and
<br />thereafter continues and completes all reasonably and necessary steps sufficient to produce compliance as soon as reasonably
<br />practical,
<br />RIGHTS AND REMEDIE5 ON DEFAULT. If an Event of Default occurs under this Deed of Trust, at any time thereafter, Trustee or Lender
<br />may exercise any one pr 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 Nots 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. Thereafter, Lender may:
<br />la) Either in person or by agent, with or without bringing any action pr 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 the Hams of Trustee, and dp any acts which it deems necessary pr 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 from the
<br />Property or protect the security pf the Property; and, with or without taking possessipn of the Property, sue for or ptherwise
<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 prder 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 ar waive any default or notice of default under this Deed of Trust or
<br />invalidate any act done in response to such default or pursuant to such notice of default; and, notwithstanding the
<br />continuance in possessipn of the Property or the collection, receipt and application of rents, issues or profits, Trustee or
<br />Lander shall be entitled to exercise every right provided for 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) Commence an action to fprsclose this Deed of Trust as a mortgage, appoint a receiver or specifically enforce any of the
<br />covenants 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 interest in the Property to be sold, 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 />Idl 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 Coda.
<br />Foreclosure by Povver of Sale. If Lender elects tp fpreclpse 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 Deed of Trust as Trustee may require.
<br />lal Upnn receipt of such notice from Lender, Trustas 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 />Trustor, 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 Property at fhs time and place of sale fixed by it in such Notice pf Sale,
<br />either as a whole, or in 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 sufficient dead nr 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 be
<br />conclusive proof of the truthfulness thereof. Any person, including without limitation Trustor, Trustee, or Lender, may
<br />purchase at such sale.
<br />Ibl As may be permitted by law, after deducting all costs, fees and expenses of Trustee and of this Trust, including costs pf
<br />evidence of title in connection with sale, Trustee shall apply the proceeds of sale to payment of lit all sums expended under
<br />the terms of this Deed of Trust ar under the terms of the Note not then repaid, including but not limited to accrued interest
<br />and late charges, (ii) all other sums then secured hereby, and (iii) the remainder, if any, to the person or persons legally
<br />entitled thereto.
<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 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 Dasd of Trust, under the
<br />Note, under any pf the Related Documents, or under any other agreement or any laws now or hereafter in force; notwithstanding,
<br />some or all pf such indebtedness and obligations secured by this Deed of Trust may now or hereafter be otherwise secured, whether
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