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� DEED OF TRUST �� i(� U� o�_ � <br />I.oan No: 901235829 (Contlllued) Page 6 <br />party of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or <br />revokes or disputes the validity of, or liability under, any Guaranty nf the Indebtedness. <br />Adversa Change. A material adverse change occurs in Bbrrower's or Trustor's financial condition, or Lender believes the prospect of <br />payment or performance of the Indebtedness is impaired. <br />Insecurity. Lender in good faith beliaves itself insaoure. <br />Existing Indebtedness. The payment of any installment of principal or any interest an the Existing Indebtednass is nqt made within the <br />time required by the promissnry 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 Ilen on the I'roperty. <br />�iigHt to Cure. If any default, other than a default in payment is curable and if 7rustor has not been given a natice of a breach of the <br />seme provision of #his beed of Trust within the preceding twelve (12) mbnths, it mey be cured if Trustor, after Lender sends written <br />notice to Borrower demanding cure of such default: (1) cures the default within fifteen (15) days; or (2) 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 reasonsble and necessary steps sufficient to produce compliance as soan es reasonably <br />_...PS.�C;iCal._ <br />_. __. _.. <br />_ . _ <br />--- <br />RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs untier this�ee�of--Fraret any time thereafter, Trustee or Lender <br />may exercise any one or more of the following rights and remedies: <br />Acceleration Upon Default; Additianal Hemedies. If any Event of Default occurs as per the terms of the Note 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, protas# Or notice pf eny kind. Tharpaft�r, 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 court and <br />without regard to the adequacy of its security, enter upan and take ppssession af th� Propar#y, or any part thereof, in its <br />own name or in the nama of Trustae, and do any acts which it deems necessary nr desirable to preserve the value, <br />marketability or rentebility of the Property, or part of the Property 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 af the 1'roperty, sue for or otherwise <br />collect the rents, issues and prbPits of the Property, including thnse 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 callection of such rents, issues and <br />prpfits, and the applipation thereof shell nnt cure or waive any default or notice of default under this Deed of Trust or <br />invalidete any act dnne in response to such default or pursuant tn such notice of default; and, notwithstanding the <br />continuance in possession of the Property or the collection, receipt and application of rents, isswes ar prafits, Trust�e or <br />Lender shall be entitled to exercise every right pravided foc in the Note or the Related Doaumants or by law upon the <br />occurrencs af sny event of default, including the right to exercise the pnwer of sale; <br />(b) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receivsr or speaifically anforce eny nf the <br />covenants hereof; and <br />Ic1 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 Prpperty tp be sqld, which nptice Trustae shall cause to be duly filsd for record in the <br />eppropriate offices nf the County in which the Property is located; and <br />(d) 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 cantained, Lender shall natify <br />Truste9 and shall deposi# with Trustge this Deed of Trust and thg Npte 8nd SuCh receipts 9nd evidence of exp�nditures msde and <br />secured 6y this Deed of Trust as Trustee may require. <br />(a) Upon receipt of such notice trom Lender, Trustee sheH caus� to be - remo�iied; published and delivered to Trustpr such <br />Notice of Default and Notice of Sale as then required by law and by this Deed of Trust. 7rustee shall, without demand on <br />Trustor, after such time es may then be required by law and after recnrdetian af such Natice af Default and efter Nptice nf <br />Sele having 6een 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 T�ustee shall deem expedient, and in such order as it may <br />determine, at public auction to the highest bidd�r far cash in lawful money of tha Uni#ed Statas payable a# tha tima of sale. <br />Trustee shall deliver tn such purchaser or purchasers thereof its good and sufficient deed or deeds conveying the property so <br />sold, but without any covenant or warranty, express or implied. 7he recitals in such deed of any matters or facts shall be <br />conclusive proof pf the truthfulnesS tharaof. Any person, including without limitatipn Trustor, Trus#ae, pr Lendar, m8y <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 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 besd of Trust or under the terms of the Note nbt then rBpaid, including but npt limited ta 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 prnvided 6y Isw postpone sal� qf all or any pprtiqn pf #he Prqparty. <br />Remedies Not Exclusive. Trus#ea and Landar, and each pf them, shall be entitled to enforce payment and perfprmance of any <br />indebtedness or nbligetions secured by this Deed of Trust and to exercise all rights and pawers under this Deed of Trust, under the <br />Note, under any of the Related Documents, or under any other agreement or any laws now or hereafter in force; notwithstanding, <br />some or all of such indebtedness and obligations secured by this �eed of Trust may now or hereafter be otherwise secured, whether <br />