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20�f0569� <br />DEED OF TRUST <br />Loan No: 128180 (Continued) Page 4 <br />counterparts, copies or reproductions of this Daed of Trust as a financing statement. Trustor shell reimburse <br />Lender for all expanses incurred in perfecting or continuing this sacurity interest. Upon default, Trustor sha(f not <br />remove, sever or detach the Personal Property from the Property. Upon detault, Trustor shall assemble any <br />Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Trustor and <br />Lender and make it available to Lender within three (3) days after receipt of written demand from Lender to the <br />extent permitted by applicable law. <br />Addresses. The mailing addresses ot Trustor (debtor) and Lender (secured party) from which information <br />concerning the security interest granted by this Deed of Trust may be obtained (each as required by the Uniform <br />Commercial Code) are as statad on the first page of this Deed of Trust. <br />FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating to further assurences and <br />attorney-in-fact are a part ot this Deed ot Trust: <br />Further Assurances. At any time, and from time to time, upon request of Lender, Trustor will make, execute and <br />deliver, or will cause to be made, executed or delivered, to Lender or to Lender's designee, and when requestad by <br />Lendar, cause to be filed, recorded, refiled, or rerecorded, as the case may be, at such times and in such offices <br />and places as Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security <br />agreements, financing statements, continuation statements, instruments of further assurance, certificates, and <br />other documents as may, in the sola opinion of Lender, be necessary or desirable in order to effectuate, complete, <br />perfect, continue, or preserve (1) Trustor's obligations under the Note, this Deed of Trust, and the Related <br />Documents, and (2) the liens and security interests created by this Deed of Trus# as first and prior liens on the <br />Property, whether now owned or hereafter acquired by Trustor. Unless prohibited by !aw or Lender agrees to the <br />contrary in writing, Trustor shall reimburse Lender for all costs and expenses incurred in connection with the <br />matters referred to in this paragreph. <br />Attorney-in-Fact. If Trustor fails to do any of the things referrad to in the preceding peragraph, Lender may do so <br />for and in the name of Trustor and at Trus#or's expense. For such purposes, Trustor hereby irrevocably appoints <br />Lander as 7rustor's attorney-in-fact for the purpose of making, execu#ing, delivering, filing, recording, and doing alI <br />other things as may be necessary or desirable, in Lender's sofe opinion, to accomplish the matters referred to in <br />the preceding paragraph. <br />FUtI PERFQRMAMCE. If Trustor peys all tha Indebtedness when due, and otherwise performs all the obligations <br />imposed upon Trustor under this Daed of Trust, Lender shall execute and deliver to Trustee a request for full <br />reconveyance and shall execute and deliver to Trustor suitable statements of termination of any finencing statement on <br />file evidencing Lender's security interest in the Rents and the Personal Property. Any reconveyance fee required by law <br />shall be paid by Trustor, if permitted by applicable law. <br />DEFAULT. At Lender's option, Trustor will be in default under this Deed of Trust if any of the following happen: <br />Fraud or Material Misrepresentation. Trustor commits fraud or material misrepresentation in connection with the <br />terms of the Note. <br />Payment Defau(t. Trustor fails to meet the repayment terms ot the Note tor any outstanding balance. <br />Other Defaufts. Trustor's ect or failure to ect adversely affects Lender's security interest in tha Property, or any <br />right of Lender's in such security. <br />Right to Cure. If any default, other than e default in payment is curable and if Trustor has not been givan a notice <br />of a breach of the same provision of this Deed of Trust within the preceding twe(ve (12) months, it may be cured if <br />Trustor, after Lender sends written notice to Trustor demending cure of such default: 11) cures the defeult within <br />fifteen (15) days; or (2) if the cure requires more than fiftaen (15) days, immediately initietes staps which Lender <br />deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all <br />reasonable and necessary steps sutficient to produce compliance as soon as reasonably practical. <br />RIGHTS AND REMEDIES ON DEFAULT. It an Event of Default occurs under this Deed of Trust, et any time thereafter, <br />Trustee or Lender may exercise any one or more of the following rights and ramedies: <br />Acceleration Upon Default; Additional Remedies. If any Event of Default occurs as per the terms of the Note <br />secured hereby, Lender may declare all Indebtedness secured by this Deed of Trust to be due and payable and <br />the same shall thereupon become due and payable without any presentment, demand, protest or notice of any <br />kind. Thereafter, Lender may: <br />(a) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver <br />appointed by a court and without regard to the adequacy of its security, enter upon and take possassion <br />of the Property, or eny part thereof, in its own name or in the name of Trustee, and do any acts which it <br />deems necessary or desirable to preserve the value, marketability or rentability of the Property, or part of <br />the Property or interest in the Property; increase the income trom the Property or protact the security of <br />the Property; and, with or without taking possession of the Property, sue for or otherwise collect the <br />rents, issues and profits of the Property, including those past due and unpaid, end apply the same, less <br />costs and expenses ot operation and collection attorneys' fees, to any indebtedness secured by this Dead <br />of Trust, all in such order as Lender may determine. The entering upon and taking possession of the <br />Property, the collection of such rents, issues and profits, and the appfication thereof shall not cure or <br />waive any default or notice of default under this Deed of Trust or invalidate any act done in response to <br />such default or pursuant to such notice of default; and, notwithstanding the continuance in possession of <br />the Property or the collection, receipt and app(ication of rents, issuas or profits, Trustee ar Lender shall <br />be entitled to exercise every right provided for in the Note or the Related Documents or by law upon the <br />occurrenca of any event of default, including the right to exercise the power of sale; <br />(b) Commence an action to foreclose this Deed of Trust as a mortgege, appoint a receiver or spacifically <br />enforce any of the covenants hereof; and <br />(c1 De(iver to Trustee a written declaration of defeult and demand for sale and a written notice of detault <br />and election to cause Trustor's interest in the Property to be sold, which notice Trustea shall cause to be <br />duly filed for record in the appropriate offices of the County in which the Property is located; and <br />(d) With respac# to all or any part of the Personel Property, Lender shall have a(f the rights and remedies <br />of a secured party under the Nebraska Unitorm Commercial Code. <br />Foreclosure by Power of Sale. If Lender elects to foreclose by exercise of the Power of Sale herein contained, <br />Lender shell notify Trustee and shall deposit with Trustee this Deed of Trust end the Note and such receipts <br />and evidence of expenditures made end secured by this Deed of Trust as Trustee may require. <br />(a) Upon receipt of such notice from Lender, Trustee shall ceuse to be racorded, published and delivered <br />to Trustor such Notice of Dafault and Notice of Sale as then required by law and by this Deed of Trust. <br />Trustee shall, without damand on Trustor, after such time as may then be required by law and after <br />recordation of such Notice of Default and after Notice of Sale having been given as required by law, sell <br />the Property at the time and place of sale fixed by it in such Notice of Sale, either as a whole, or in <br />saparata lots or parcels or items as Trustee shall deem expedient, and in such order as it may determine, <br />at public auction to the highest bidder for cash in lawful money of Yhe United States payable at the time <br />�� <br />