DE�D OF TRUST c � n r �
<br />Loan No: '101237335 (Contirtued) �4 � 1 � V 9� 9�r Page 6
<br />Adverse Change. A material adverse change occurs in Borrower's or Trustor's financiel condition, or Lender believes the prospect of
<br />payment or performance of the Indebtedness is impaired.
<br />Insecurity. Lender in good taith believes itself insecure.
<br />Right to Cure. If any default, other than a dafault in payment is curable and if Trustor has not been given.a.notice of. a.b.reach qt the. .__. .._.
<br />same provision of this Deed af 1"rust within the preceding twelve (12) months, i[ may be cured if 7rustor, after Lender sends written
<br />notice ta Borrower demanding cure of such default: (1) cures the default within fifteen (15) days; nr (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 reasonable and necessary steps sufficient tn produce compliance as soon as reasonably
<br />practical.
<br />RIGH1'S ANb iiEMEDIES QN DEFAULT. If an Event of Default occurs under this Desd of Trust, at any time thereafter, Trustee or Lender
<br />may exercise any one or more of the following rights and remedies:
<br />Acceleration Upon Defauit; Additional Remedies. If any Evant of Dafault 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 thereupan become
<br />due and payable without any presentment, demand, protest or notice of any kind. Thereafter, L.ender 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 regerd to the adequacy of its security, snter upon end take possession of the Property, or any part thereof, in its
<br />own name or in the name of Trustee, and do any acts which it deems necessary or desirable tv preserve the value,
<br />marketability or rentability of the Proparty, 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 of the Property, sue for or otherwise
<br />collect the rents, issuas 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 ❑eed 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, end the application thereof shall not cure or waive any default or notice of default under this Deed of 7rust or
<br />invalidate any act done in response to such detault 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 by law upon the
<br />occurrence of any event of default, including the right to exercise the power ofi 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 />covenants hereof; and
<br />(c) Deliver to Trustee a written declaration of default and demand for sale and a written notice of default and election to
<br />cause 7rustor's interast in the Property to be sold, which notice 7rustee shall cause to be duly filed for record in the
<br />appropriate affices of the County in which the Property is located; end
<br />(d) With respect to all vr 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 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 />(a) Upvn 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 requirad 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 snd after Notice of
<br />Sale having been given as required by I�w, 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 Iv#s pr parcels or items as Trustee shall deem expedient, and in such order as it may
<br />determine, at public auction ta the highest bidder for cash in lawful money of the United States payable at the time of sale.
<br />Trustee shall deliver ta such purcheser or purchasers thereof its good and sufficient daed or deeds conveying the property so
<br />sold, but without any covenant or warranty, express or implied. 7he racitals 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 of
<br />evidence of title in connectian with sale, Trustee shall apply the proceeds of sale to psymen# of (i) all sums expended under
<br />the terms of this Daed 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 msy in the manner provided by law postpone sale of all or any portion of the Property.
<br />Remedies Not Exclusive. 7rustee and Lender, and each of them, shall be entitled to enforce payment and performance of any
<br />indebtedness ar abligations secured by this Deed of Trust and to exercise all rights and powers under this �eed of Trust, under the
<br />Note, under any of the Releted Documents, or under any other agraement or any laws now or hereafter in force; notwithstanding,
<br />some or all of such inde6tedness and obligations secured by this Deed of Trust may now or hereafter be otherwise securad, whether
<br />by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of 7rust nor its enforcement,
<br />whether by court action ar 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 othar 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 security nnw or
<br />hereafter held by Lender or Trustee in such order and manner as they or either of them may in their absolute discretion determine. No
<br />remedy conferred upon or reserved to Trustee or Lender, is intended to be exclusive of any other remedy in this Deed of Trust or by
<br />law provided ar permitted, but each shall be cumulative and shall be in addition ta every other remedy given in this Deed of Trust or
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