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_ � <br />Loan No: 101239699 <br />DEED OF TRUST <br />(Continued) 2 � 110 2�. �! � Page 3 <br />RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Event of Default under any indebtedness, or should Trustor faii to <br />comply with any of Trustor's obiigations under this Deed of Trust, Trustee or Lender may exercise any one or more of the following rights <br />and remedies: <br />Acceleration Upon Default; Additional Remedies. if any Event of Default occurs as per the terms of the Credit Agreement <br />secured hereby, Lender may deciare ail Indebtedness secured by this Deed of Trust to be due and payable and the same shall <br />thereupon become due and payabie without any presentment, demand, protest or notice of any kind. Thereafter, Lender may: <br />Ia) 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 upon and take possession of the Property, or any part thereot, 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, 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 />coilect the rents, issues 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 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 shaii 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, receipi and application of rents, issues or profits, Trustee or <br />Lender shall be entitled to exercise every right provided for in the Credit Agreement or the Related Documents or by law <br />upon the occurrence of any event of default, incfuding the right to exercise the power 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 />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 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 />(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 contained, Lender shall notify <br />Trustee and shall deposit with Trustee this Deed of Trust and the Credit Agreement and such receipts and evidence of <br />expenditures made and 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 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, 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 law, sell the Property at the time and place of sale fixed by it in such Notice of Sale, <br />either as a whofe, 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 so <br />sold, but without any covenant 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 of <br />evidence ot 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 Deed of Trust or under the terms of the Credit Agreement not then repaid, inciuding but not limited to <br />accrued interest and late charges, (ii) all other sums then secured hereby, and (iii) the remainder, if any, to the person or <br />persons legally entitled thereto. <br />(c) Trustee may in the manner provided by law postpone sale of all or any portion of the Property. <br />Rqmedies Not Exclusive. Trustee and Lender, and each of them, shall be entiiled 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 />Credit Agreement, under any of the Related Documents, or under any other agreement or any laws now or hereafter in force; <br />notwithstanding, some or all of such indebtedness and obligations secured by this Deed of Trust may now or hereafter be otherwise <br />secured, whether by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor <br />its enforcement, whether by court action or pursuant to the power of sale or other powers contained in this Deed of Trust, shall <br />prejudice or in any manner affect Trustee's or lender's right to realize upon or enforce any other security now or hereafter held by <br />Trustee or Lender, it being agreed that Trustee and Lender, and each of them, shall be entitled to enforce this Deed of Trust and any <br />other security now or hereafter held by Lender or Trustee in such order and manner as they or either of them may in their absolute <br />discretion determine. No remedy conferred upon or reserved to Trustee or Lender, is intended to be exclusive of any other remedy in <br />this Deed of Trust or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given in <br />this Deed of Trust or now or hereafter existing at law or in equity or by statute. Every power or remedy given by the Credit <br />Agreement or any of the Related Documents to Trustee or Lender or to which either of them may be otherwise entitled, may be <br />exercised, concurrenily or independently, from time to time and as often as may be deemed expedient by Trustee or Lender, and <br />either of them may pursue inconsistent remedies. Nothing in this Deed of Trust shall be construed as prohibiting Lender from seeking <br />a deficiency judgment against the Trustor to the extent such action is permitted by law. <br />Election of Remedies. All of Lender's rights and remedies will be cumulative and may be exercised alone or together. If Lender <br />decides to spend money or to perform any of Trustor's obligations under this Deed of Trust, after Trustor's failure to do so, that <br />decision by Lender will not affect Lender's right to declare Trustor in default and to exercise Lender's remedies. <br />Request for Notice. Trustor, on behalf of Trustor and Lender, hereby requests that a copy of any Notice of Default and a copy of any <br />