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DEED OF TRUST 2 010 0'7 7 5� <br />Laan No: 101235346 (Cantinued) Page 5 <br />Fraud or Material Misrepresentation. 7rustor commits fraud or material misrepresentation in connection with the terms of the Note. <br />Payment Default. Trustor fails to meet the repayment terms of the Note for any outstanding balance. <br />Other Defaults. Trustor's act or tailure to act adversely affects Lender's security interest in the Property, or any right of Lender'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 pravision of this Deed of Trust within the preceding twelve (12) months, it may be cured if Trustor, after Lender sends written <br />notice to Trustor demanding cure of such default: (1) cures the default within ten (1 �) 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 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 tima thereafter, Trustee or Lender <br />may exercise any one or more of the following rights and remedies: <br />Acceleration Upon Default; Additianal Remedies. If any Event of Default occurs as per the terms of the Note secured herehy, <br />Lender may declare all Indebtedness secured by this Deed of Trust to be due and payable and the same shall thereupan become <br />due and payable without any presentment, demand, protest or notice of any kind. Thereaiter, Lender may: <br />(a) Either in perspn or by agent, with or without bringing any action or proceeding, pr 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 name vf Trustee, and do any acts which it deems necessary or desirable to preserve the value, <br />marketability or rentability ot the Property, or part of the Property or interest in the Property; increase the income from the <br />Property or prntect the security of the Property; and, with or without taking possession of the Prvperty, sue for or otherwise <br />collect the rents, issues and profits of the Property, including those past due end 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, ail 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 or 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 or 6y law upon the <br />occurrence of any event of default, including the right to exercise the pqwer of sale; <br />(b► Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver or specifically enforce any of the <br />cnvenants hereof; and <br />(c1 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 Cpunty in which the Property is located; and <br />(d1 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 of the Power of Sale herein contained, Lender shall notify <br />Trustee and shall depasit with Trustee this Deed of Trust and the Note and such receipts and evidenca nf 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 deliverad to Trustar such <br />Nptice 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 aiter recordation of such Notice of �efault 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 whols, or in separate lots or parcels or items as Trustee shall deem expedient, and in such order es it may <br />determine, at public auction to the highest biddar for cash in lawful money qf 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 so <br />sold, but without any cavenant 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 />(b) As may be permitted by law, after deducting all costs, fees and expenses of Trustee and of this Trust, including costs nf <br />avidence of title in connection with sale, Trustee shall apply the proceeds of sale to paymen# af (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 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 />(c) 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 ths <br />Note, under any of the Related Documents, or under any vther agreement or any laws now or hereafter in torce; notwithstanding, <br />some or ali of such indebtedness and obligations secured by this Deed af Trust may now or hereafter be otherwise secured, whether <br />by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this peed of Trust nor its enforcement, <br />whether by court actipn 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 hereaiter 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 Trustes in such order and manner as they or either of them may in their absolute discretion determine. Na <br />remedy conferred upon or reserved to Trustee or Lender, is intended to be exclusive of any other remedy in this Deed of Trust ar by <br />