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` DEED o~ TRUST 2 0 i 0 0 6 9 4 S <br />Loan No: 101234815 (Continued) Page 6 <br />foreclose any existing lien on the Property. <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 pf the <br />same provision of this Dead of Trust within the preceding twelve 1121 months, it may be cured if Trustor, after Lender sends written <br />notice to Borrower demanding cure of such default: 111 cures the default within fifteen (15) days; or 121 if the cure requires more <br />than fifteen (15) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default <br />and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably <br />practical, <br />RIGHTS AND REMEDIES 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 nr 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 payable without any presentment, demand, protest or notice of any kind. Thereafter, Lender may: <br />(a) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a enurt and <br />without regard to the adequacy of Its security, enter upon and take possession of the Property, pr any part 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 rentability of the Property, ar part of the Prpperty or interest in the Property; increase the income from the <br />Property or protect the security of the Property; and, with or without taking possession of the Prpperty, cue for or otherwise <br />collect the rents, issues and profits of the Property, including those past duo 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 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 possession of the Property ar the collection, receipt and application of rents, issues or profits, Trustee or <br />Lender shall be entitled to exercise every right provided for in the Note or the Related Documents nr by law upon the <br />occurrence of any event of default, including the right to exercise the power pf sale; <br />Ib) Commence an action to fprealpse this Deed of Trust as a mortgage, appoint a receiver pr 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 />Id) 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 Commaraial Cpde. <br />Foreclosure by Power of Sale. If Lender elects to foreclose by exercise of the Power of Sala 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 />la1 Upon receipt of such notice from Lender, Trustee shall cause tp be recorded, published and delivered to Trustor 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, attar 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 the time and place of sale fixed by it in such Notice of 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 deed or deeds conveying the property sa <br />sold, but without any covenant or warranty, express nr implied. The recitals in such deed of any matters ar 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 />Ib1 As may be permitted 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 proceeds of sale to payment of (i) all sums expended under <br />the terms of this Dead of Trust or under the terms of the Note not then repaid, including but not limited to accrued interest <br />and late charges, Iii1 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 Deed of Trust, under the <br />Note, under any of the Related Documents, or under any ether 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 be otherwise secured, whether <br />by mortgage, deed of trust, pledge, lien, assignment ar 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 Lender's right to realize upon or enforce any other security now or hereafter 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 seaurity now pr <br />hereafter held by Lender or Trustee in such order and manner as they ar either of them may in their absolute discretion determine. No <br />remedy conferred upon nr reserved to Trustee or Lender, is intended to be exclusive pf any other remedy in this Deed of Trust ar by <br />law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given 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 ar any of the Related Documents <br />to Trustee or Lender or to which either of them may be otherwise entitled, may be exercised, concurrently pr independently, from time <br />to time and as often as may be deemed expedient by Trustee ar Lender, and either of them may pursue inconsistent remedies. <br />