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� 201108475 DE�D OF TRl1S'T Loan No: 1Q000320 (Continued) Page 5 Indebtedness. Insecurity. Len�ier in good faith believes itself insecure. Existing Indebtednes�s. Yhe payme�t of�.ny installment of principal or any interest on the Existing Indeb�tedness is not made within the time required by the promissory note evideneing sueh indebtedness,or a default occurs under the instrument se.curing such indebtedness and is not cured during any applicable grace period in such instrument, or any suit or other action is commenced to foreclose any existing lien on the Property. Right to Cure. If any default,other than a default in payment is curable and if Trustor has not been given a notice of a breach ot the same provision of this Deed of Trust within the preceding twelve(12)months,it may,be cured if Trustor,aitee Lender sends written notice to Trusto�r demanding cure aF such default (1.� cures the default�vifhin twenty (201 days; or (2} if the cure requires more than twenty (20) days, �mmediately�initiates steps �vhich Lender deems in Lender's sole discretion to 6e sufficient to cure the defaWt and thereafter continues and completes all reasonable and necessary steps sufficient Yo produce compllance as soon as reasonably practical, RIGHTS AND REMEDIES ON DEFAULT. If an.Event of Default occurs under this Deed of Trust,at any time thereafter, Trustee or Lender may e�rcise any one or more of the following rights and remedies: Acceleration Upon Defauit;Additional Remedies. If any Event of Default occurs as per the terrns of the Note secured here6y,Lender may declare all Indebtedness secured by this Deed of Trust to be due and payable and the same shall thereupon become due and payable without any presentment,demand,protest or noYice of any kind. Thereafter,Lender may: � (a) Either in person or by agerr[, with or without bringing any action or pr�ceeding, or by a. receiver appointed by a court and wichout regard to the adequacy of its security,enier u�on and take possession � of the Properiy,or any part thereoT,in its own name nr in the name of Trustee,�nd do any acts�vhich i�C deems necessary or desira�le to preserve the value,marlcetability or rentability of the Property,or part of the Property or interest in the Ptoperty; increase the income from the Property or prctect the security of the Property; and, with or wiChout taking possession of the Property, sue for or otherwise collect the rents,issues and profits of Yhe Property, includ:ng those past due and unpaid, and apply the same, less costs and expenses of operation and collection attorneys'fees,to any inde6tedness secured by tfiis Deed of Trust, all in such order as Lender may determine. The entering upon and Caking possession of the Property, the collection of such rents, issues�nd profits, and the application thereof shall not cure or waive any default or notice of default under this Deed of Trust or invalidate any act done in response m such default or pursuaM to such notice of default;and,notwithstanding the continuance in possession of � the Rtoperty or the coliection,receipt and application of rents,issues or profits,Trustee or Lender shall be entitled to exercise evcry right provided for in the Note or Lhe Related Documents or by law upon the occurrence of any event of defauk,including the right to exercise the pom�er of sa!e; - (b) Commence an action to foreclose this Deed of Trust as a mortgage,appoint a receiver or specifically enForce any of the eovenants iiereof;and - (c) Deliver to Trustee a written declaration of default and�demand for sale and a written notice of defauft and election to cause Trustor's interest in the Property to be sold,which notice Trustee sha0 cause to b.e duly filed for re�ord in the appropriate offices of the County in which the Property is located;and (d) With respect to all or any part of the Personal Property.Lender shall have all the rights and remedies of a secured party under the Ne6raslca Uniform Commercial Code. � Foreclosure by Pow�r of Sale. If Lender elects to foredose by exercise of the Power of Sale herein coniained, �ender shall notify Truscee and shall cieposit with Trustee this Deed of Trust and the Note and such receipts and evidence of expenditures made and secured by this Deed of Trust as Trustee may require. � (a1 Upon receipt of such notice from Lender,Trustee shall cause to�be recorded,published and deiivered to Trusfor such NoTice of Default and Notice of Sale as Then required by law and by this Deed of Trust. Trustee shall, evithout demand on Trustor, after such time as may ther be required by law and affer recordation afi such Notice of Default and after Notice of Sale having been given as requi�red by law,sell the Property aE the time and place of sale fixed by rt in such No�ice of Sale, either as a whole, or in separate lots or parcels or items as Truszee shall deem expedient,and in such order as it may deTermine, at public auction to the highest bidder for cash in lawful money of Lhe United States payable at the[ime of sale. Trustee shall deliver to such purohaser or purchasers thereof its good and sufficient deed or deeds conveying the property so sold, but without any covenant or warranty; express or implied. The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person,i�ncluding without limitation Trustor,Trustee,or Lender,may purchase at such sale. (b) As may be permitted by law, after deducting all costs, fees and expenses of Trustee and of this Trust,including costs of evidence of title in connection with sale,Trustee shall apply the proeeeds of sale to payment of (i)all sums expended under the tPrms of this Deed af Trust or under the terms of the Note not then repaid, including 6ut not limited To accruerJ interest and late charges, (ii� all other sums then secured hereby,and (iii)the remainder,if any,to the person or�ersons legally eniitled theieto. (c) Trustee may in the manner provided kiy law postpone sale of all or any portion of the Property. Remedies Not Exclusive. Trustee and Lender, and each of them, shall t�e entitled io enforce payment and � performance of any indebtedness or obligatio�s secured by this Deed of Ttust and to exercise all rights and powers under this Deed ofi Trust, under the Note,under any of the Related Documents,or under any other agreement or any laws now or hereafter in force;notwithstanding,some or all of such indebtedness and obligations secured by �his �eed ot Trust may now or hereafter be otherwise secured,whether by mortgage,deed of trust,pledge,lien, assignment or otherwise. Neither thc acceptance of this Deed of TrusY nor its enforcement, whether by court action or pursuant to the power of sale or other powers coniained in this Deed of Trust,shall prejudice or'in any manner affect Trustee's or Lender's right to realize upon or enforce any other ser.urity now or hereafter held by Trustee or Lender,it being agreed that Trustee and LPncier,and each of thcm,shall be en�iitled m enfiorce this Deed of Trust and any other security now or hereafter held by Lender o�Trustee in such order and manner as they or eithcr of tnem may in their absofute discretion determine. No remedy conferred upon or reserved to Trustee or - Lender,is intended 2o be excfusive of any other remedy in this Dced of Trust or by law provided or permitted,but each shall be cumulative and sliall�be in addition to every other remedy given in this �eed ofi Trust or now nr hereafter existing at faw or in equity or by statute. Every power or remedy given by tne Note or any of the Related Documents to Trustee or Lender or to which either of them may be otherwise enCitfeci, may be exercised, concurrently or independently,from time to time and as often as may be deemed expedient by Trustee or Lender, and either of them may pursue inconsistent remedies. Nothing in this Deed of Trust shall be construed as prohibiting Lender from seelcing a deficiency judgment against the Trustor to the extent such action is permitted by IaLV. Election of Rerreedies. All of Lentler's riglits and remedies will be cumulative and may be exercised alone or together. If Lender decides to spend money or to perform any ofi Trustor's obligations under this Deed of Trust, after Trustor's failure to do so,that decision by Lender will nm:afFect Lender's right to declare Trustor in default and to exercise Lender's remedies.