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� <br />Loan No: 101240848 <br />DEED OF TRUST 2 O�.1 O 3� O i <br />(Continued) <br />Page 5 <br />Other Defaulb. Trustor's act or failure to ect adversely effects Lender's security interest In the Property, or any right of Lendar's in <br />such security. <br />Right to Cura. If any default, other than a defeult in payment is curable and if Trustor has not been given a notice ot a breach of the <br />same provision of this Deed of Trust within the preceding twetve (12) montha, it mey be cured if Trustor, efter Lender sends written <br />notice to Trustor demanding cure of such default: i1! cures the default within ten (10) 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 end necessary atepa sufficient to produce complience 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 time thereafter, Trustee or Lender <br />may exercise any one or more of the following rights and remedies: <br />AccelereUon Upon Default; Additional Remedies. If any Event of Default occurs es 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 end the same shall thereupon become <br />due end peyeble without any presentment, demand, protest or notice of eny kind. Thereafter, Lender mey: <br />fe) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver eppointed by a court and <br />without regard to the adequacy of its security, anter upon and teke possession of the Property, or any part thereof, in its <br />own name or in the name of Trustee, and do any ects which it deems necessary or deairable to preserve the velue, <br />marketabitity 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, wfth or without taking possession of the Property, sue for or otherwise <br />collect the rents, issues and profits of the Property, including those past due and unpald, and epply the same, less costs and <br />expenses of operation and collection attorneys' fees, to eny indebtedness secured by this Deed of Trust, all in such order as <br />Lender may determine. The entering upon and taking possession of the Proparty, 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 Trust or <br />invalidate eny act done in response to such default or pursuant to such notice of default; end, notwithstanding the <br />continuance in possession of the Property or the collection, recefpt 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 lew upon the <br />occurrence of any event of default, including the right to exercise the power of sale; <br />lb) Commence an ection to foreclose thls Deed of Trust as a mortgage, appoint a receiver or speciflcally enforce eny of the <br />covenants hereof; and <br />ic) Deliver to Trustee a written declaretion of default and demand for sele end a written notice of dafault and election to <br />cause Trustor's interest in the Property to be sold, which notice Trustee shall ceuse to be duly flled for record in the <br />appropriete offices of the County in which the Property is loceted; and <br />(d) With respect to ell or any part of the Personel Property, Lender shatl have all the rights and remedies of a secured party <br />under the Nebreske Uniform Commercial Code. <br />Foreclosure by Power of Sale. If Lender elects to foreclose by exerclse of the Power of Sale herein conteined, Lender shall notffy <br />Trustee end shell 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 mey require. <br />(a) Upon receipt of such notice from Lender, Trustee shell cause to be recorded, published and delivered to Trustor such <br />Notice of Default and Notice of Sale es then requlred 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 et the time end plece of sele fixed by it in such Notice of Sale, <br />either as a whole, or in seperete lots or percels 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 purchesers thareof its good and sufficient deed or deeds conveying the property so <br />sold, but without eny covenant or warranty, express or implied. The recitels 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 et such sale. <br />ib) As may be permitted by law, after deducting all costs, fees and expenses of Trustee end of thia Trust, including costs of <br />evidence of title in connectlon 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 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 pe�son or persons legally <br />entitled thereto. <br />(c) Trustee may in the manner provided by law postpone sele of all or any portion of the Property. <br />Remedies Not Exclusive. Trustee and Lender, end each of them, shall be entitled to enforce peyment and pertormance of any <br />Indebtedness or obligations sacured by this Deed of Trust and to exerclse all rights and powers under this Deed of Trust, under the <br />Note, under any of the Related Documents, or under any other egreement or any laws now or hereafter in force; notwithstanding, <br />some or all of such indebtedness and obligations secured by this Deed of Trust may now or hereafter be otherwise secured, whether <br />by mortgege, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, <br />whether by court actfon or pursuant to the power of sale or other powers contained in this Deed of Trust, shall prejudice or in any <br />menner affect Trustee's or Lender's right to realize upon or enforce eny other security now or hereafter held by Trustee or Lender, it <br />being egreed 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 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 (n this Deed of Trust or by <br />lew provided or permitted, but eech shall be cumulatfve and shall be In addition to every other remedy given in this Deed of Trust or <br />now or hereafter exlsting at law or in equity or by statute. Every power or remedy given by the Note or eny of the Related Documents <br />to Trustee or Lender or to which either of them may be othervvise entitlad, may be exercised, concurrently or independently, from time <br />