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� <br />Loan No: 1012370�7 <br />DEED OF TRUST <br />(Cantinued) 2 � i�� 9� 8.� <br />, Page 6 <br />indebtedness and is nat 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 F'roperty. <br />Right to Cure. If any default, other than a default in payment is curable and if Trustor has npt been given a notice of a breach of the <br />same provision of this Deed of Trust within the preceding twelve 1121 manths, it may be cured if Trustor, after Lender sends written <br />notice to Trustor demanding cure af such default: (1) cures the default within fifteen (15) days; or (2) i� the cure requires more than <br />fifteen (15) days, immediately initiates steps which Lender dsems in Lender's sole discretion ta be sufficient to cure the default and <br />thereafter continues snd completes all reasonable and necessary steps sufficient to prpduce compliance as soon as reasonably <br />praCtical. <br />RIGHTS AND REMEDIES ON pEFAULT. If an Event of Default occurs under this Deed of Trust, at any time theresfter, Trustee or Lender <br />may exercise any one ar mnre nf the following rights and ramsdies: <br />Acceleration Upon Defpult; Addltional Remedies. If any Event of Default occurs as per the terms of the Note secured hereby, <br />Lender may declere all Indebtedness secured by this Deed of Trust to be due and payable and the same shall thereupnn become <br />due end payable without any presentment, demand, protest or nntice 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 court and <br />without regard to the adequecy of its security, enter upon and take possession of the Prpperty, or any part thereof, in its <br />own name or in the name of Trustee, and do any ects which it deems necessary or desirable to preserve the value, <br />marketebility or rentability of the Property, or part of the Property nr interest in #he Property; increase the income fram the <br />Property or protect the security af the Property; and, with ar withqut taking possession of the F'roperty, sue fpr or otherwise <br />collect the rents, issues and profits of the Property, including those past due and unpaid, and apply the �ame, less costs and <br />expenses pf pparation 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; end, notwithstanding the <br />continuance in possession of the f'roperty or the collection, receipt and application af rents, issues or profits, Trustee or <br />Lander shall be entitled to exercise avery right provided for in the Note or the Related Documents or by law upon #he <br />occurrence of any event of default, including the right to exercise the power of sale; <br />(b) Cqmmence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver or specifically enforca any of the <br />covenants hereof; and <br />(c) Deliver to Trustee a written declaration of default and demand for sale and a written notice af default and election to <br />cause Trustor's in#erest in the Property to be sald, which notice Trustee shall cause to be duly filed for record in the <br />appropriate affices of the County in which the Property is located; and <br />(d) With respect to all or any part of tha F'ersonal Property, Lender shall have all the rights and remedies of a secured psrty <br />under the Nebraska Uniform Commercial Code. <br />Foreclosure by Power of Sale. ff Lender elects to foreclose by exercise nf the Power of 5ale herein cqntained, Lender shall notify <br />Trustee and shall deposit with Trustee this Deed of 7rust and the Note and such receipts and evidence of expenditures made and <br />secured by this Deed nf Trust as Trustee may require. <br />(a) Upon receipt af such notice from Lender, Trustee shall cause to be recorded, published end delivered to 1"rustor such <br />Notice of befaul# 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 Iaw, sell the Property et 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 fpr cash in lawfui money of the United States payable at the time of sale. <br />Trustee ahall deliver to such purchsser nr purchasers thereaf its gaod and sufficient deed or deeds canveying the property so <br />sald, but without any covenant or warranty, express or implied. The recitals in such deed nf any matters or facts shall ba <br />conclusive proof of tha 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 snd expenses of trustee end of this Trust, including costs of <br />evidence of title in connection with sale, Trustae shall apply the proceeds of sale to payment of (i) all sums expended under <br />the terms af this Deed of Trust or under tha 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 6y law postpone sals of all or any portion ot the Prppsrty. <br />Remedies Npt Exclusive. Trustee and Lender, and each of them, shall be entitled to enforce payment and performance of any <br />indebtedness or obligations securad by this Deed of Trust and to exercise all rights and powars 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 forca; notwithstanding, <br />some or all af such indebtedness and obligations secured by this Deed af Trust may now or hereafter be atherwise secured, whether <br />by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, <br />whether by court action or pursuant to the power of sals or other powers containad in this Deed of Trust, shsll prejudice or in any <br />manner affect Trustee's or Lender's right tn realize upon or enforce any other security now or hereafter held by Trustee or Lender, it <br />being agreed that Trustee and Lender, end each of them, shall be entitled to enforce this Deed of Trust and any other security now or <br />hereafter held by Lender or Trustee in such order and manner es they or either of them may in their absolute discretian determine. No <br />remedy conferred upon or reserved to 7rustee or Lender, is intended to be exclusive of eny other remedy in this Deed of Trust or by <br />law provided or permitted, but each shell 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 statuta. Every power or remedy given by the Note ar any of the Releted Documents <br />to Trustee or Lender pr to which either of them msy be otherwise entitled, may ba exercised, concurrently or independently, from time <br />-� <br />