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•'n.., -'° 3• o'• �i� � - - - '� 'f L <br />-. <br />:�'�£g it,h <br />?Sur: <br />. .•�. <br />- .._ - ... 1. •1: <br />A, <br />J - <br />a <br />L <br />� <br />•h. <br />Os-o -t99a DEED OF TRUST Page 6 <br />Loan No NOW? g�,.. � (COtd Med) <br />(bh Commence an action to foreclose this Read of Trost as a mortgage. appoint a recehrer or specs mgy enforce any of the covenants <br />.x <br />�. <br />and <br />(c) Deaver to Tr sloe a written declare an of delaWt and demand for safe and a written notice of defar8t and atedlon to muse Tnrstaft <br />Interest in the lroperty to be sold. which notice Trustee shall mire to be duty filed for record In tha appropriate of ins of the County in <br />- <br />which Via Pawarty is located; and <br />(d) With respect to all or any part of the Personal Property. Lander shall have ail the rights and remedies of a sued party under the <br />Nebraska Uniform Commercial Cade. <br />! <br />Foreclosure by Power of Seta. H Lender sleds to foreclose by exercise of the Power of Sala herein coated. Lender shag notily Trustee and <br />SW daposit withh Trustee this Deed of Trust and the Noce and such receipts and evidence of expandtiu rm made and secured by this Reed of <br />' <br />• <br />Trust asTnstse may requtre. <br />t' <br />ri <br />(a) Upon necatpt of such not a ttom Leader, Trustee shall muse to be reearded. published and deftared to Trustor such Naft of Default <br />Notion <br />and of We as than required by raw and by this Dead of Trust. Trustee sha without demand on Truster. after such time as may <br />then be required by law and after recordation of such Notice of Default and after Notice of Sate having been given as requited by taw, sag <br />the Properly at the time and place of sale Brad by H in such Milos of Sate, either as a whole, or In separate tots or parcels or items as <br />Tthi tae shall deem expedient, and in such order as H may determine, at public auction to the highest bidder for cash in lawful money of <br />the Umled States payable et thattme of sate. Tnrstes shall defter to such purchaser or purchasers thereof fie good and sufficient deed or <br />• > ' . ` <br />"N <br />deeds conveying the property so sold. but wmraut arty covenant or wvananty. mass or implied. The recitals in such deed of any matters <br />or facts; shall be conclustue proof of the truthfulness thereoL Any person, Inchrdng without Wnitafion Truster. Thnisa, or Lender, may <br />LL <br />purchase at such sate. <br />(b) As may be pemitted by taw; after dedwIing all costs, flees and expenses of Trstee and of thts 7rusL including costs of evidence of <br />" -' - — <br />tie fn connection wvM sate. Trustee shall apply the proceeds of sate to payment of W � sums expended under the terms of this Deed of <br />Trust at under the germs of throe Note not then repaid. Including but not fmited to accrued irderest and tats chugm, (B) alt other sums their <br />' <br />secured hereby, and @) the remalader. If arty. to the person or persons hagafy enttited theretm <br />Y <br />(c) Trustee may in the manner provided by law postpone sale of all or any portion of the Property• <br />: <br />�'• <br />Remenies Nat Emtus%,& ThWas and Lender. and each of them, shag be en=d to enforce payment and pettarmanca of any indebtedness <br />or obligations secured by this Deed of Trust and to e>mrate all rights and pawns under this Deed of Trust, under the Notei under any of the <br />.. . <br />Related Documents, or under any other agreement or any laws now or hereafter in force; notwithsfr;nding, some or all of such Indebtedness <br />and obligations secured by this Deed of Tntst may now or hereafter be off ervdse secured, whether by mortgages dead of bust pledge, Ben, <br />assignment or othamto. Neither the acceptance of this Reed of That nor fir erdamome4 whether by coed action or pursuant to the pant of <br />4,r :, <br />J }`r <br />w4a or other powers contained In ttu� Deed of Turret, shag prejrrrid� or M any manner affect Tnateefs or Lertdfers right f» ftdalt7a upon or <br />r�itir�e airy other SedaruHy near held bit► Tnatee or Li�r4ar, H being agreed ritual Trustee and Lender, and each oiiitiem;• shstl be <br />[ <br />t,• ,.•- <br />V � <br />O.�hsneafter <br />. <br />. <br />en tad to enforcer ft Deed of Tirttand arty other security navy w eereaftet held by Lander or Trustee In such order and mwt* d$ they or <br />I '- <br />�' <br />of er of them may in their absolute discretion detVdne. No te: ody conferred upon or reserved to Tnrstse or Lander. Is intended to be <br />r , , • ;.: <br />'; �: <br />exclusive of any other remedy in this Deed of Trust or by law provided or permftdi but each shag be cumdativo and shag be in addition to <br />in this Deed Trust hereafter taw in by Every or remedy by the <br />, ; - <br />�y u;E <br />every other remedy given of or now or oedsting at or equity or statute. power given <br />be <br />E_ , <br />tis�.rr�., <br />Note Or any of the Related QOCUmenia t0 Trustee or Lender or to wvhlch either Of them may'•be OthetHtf58 eftitted. may e>corefsed. <br />concurrently, or independently, from time to time and as often as may be doomed expedient by Trustee or Lander, and either of thane may <br />pursue InconsWent remedies. NotMng in this Used of Trust shall be comWed as prohibiting Lender from seddrrg a deficiency j FWM <br />t: <br />against lire Tr stor to the extent such action is permitted by taw. <br />' <br />Request For Holt= Truster, on behalf of Truster and Lender, hereby requests that a copy of any Notice of Default and a copy of any Notice <br />.ai <br />of Sato under this Used of Trot be mated to them at the addresses set forth in the Brat paragraph of this Dead of Trust <br />Waiver; Election of Remedies. A waiver by any patty of a breach of a provision of this Dead; of Trust shag not constitute a waiver of or <br />prejudice the pouts rights otherudis to demand strict compttanm wflh that provision or any other provision. Qection by Lander to pursue arty <br />In Dead W Trust. Nate, in Related i by taw <br />_ <br />m <br />remedy provided fide the any ocume% or provided shall not exdudo pursuit of any 4.#W remedy, <br />and an election to make expa:?d1.s'es or to take action.to peRarm an obligation of Truster under this Deed of Teat after faffurolUTrustor to <br />Lenders to declares defag and to exercise of lb remodles. <br />— <br />perform shag not a-M4 right any <br />� <br />siS? <br />AttomrtyrF Fee C-t m= if Lender ins6•Mes any suit or action to enforce any of the terms of this Dead of TAA Gender shail• b entiflad to <br />the fees Mal Who Is <br />: , <br />'r ` <br />; :: • °; :: •., <br />`' : <br />recover such sum as court may adjudge reasonable as attomeye at and on any appeal. or not any c,C;st action <br />imrotved, all reasonable expenses Owned by Lender which in tars opinion are necessary at any Sere for ft perfection of its kctmst or the <br />t : <br />enfonaemand of its rights shall bwme a part of the indebtedness I;M.yabie on demand and shag IIaarMorest egft- Nots rata Qatar Pa date of <br />expenditure until repaid. Evonso covered by title paragraph (g1udo. wMaut Bmitatlon, however su oil to Eny MrJts under app'4;ebte taw, <br />— - <br />Lenders attorneys! fern whether or not there is a fawmA including attorneys' teas for barkuptcy prome0gs flak drig efforts to modify or <br />vacate any automatio stay or injunction), appeals and any antidpatad post -judgmerd collection servlm ft cyst of saarchfig recattla. <br />obtaining Me report pnclutflng foreclosure reports), suavoyars! reports, appraisal 'ties, title fnsurance, and fees W. "l a Trustee. to the aft-it <br />permitted by applicable taw. Thstor also will pay any court cam. In addition to all cetersuns p a ded.by law. <br />RWIo of TrustesiL Trustee shag. Ihm a all of the tights and duties of fender as set forth in this secs". <br />P01WWM AND OBLIGATIONS OF TRttSM The fogoWng provisions relating to the powers and obligations of Tnatee are part au ft Dead of <br />Trust <br />- <br />Powm of Tntste& to addition to alt powers of Trustee arising as a matter of raw, Trustee shall have the power ID take the following actions <br />with rasped to the Property upon the wditen request of Lender and Tr stor. (a) join In preparing and filing a map arptat of the Real Property. <br />including the dedication of streets cr other rightsto the ptrbfo; (b) join in gmnttng any easement cremating any restriction on the FW PmpW. <br />,,, .• . •, <br />and (c) join in any subordination of other agreement Marling thg Deed of Trust or the Irderestof Leander under this Deed of Trusv. <br />` . <br />Tmstee. Trustee shag meet alt quaTilirations required for Trustee under appfcabto taw. in addition to the dghts and mmodies Set PoRh above. <br />? <br />with respell to all or any pad of Ilia Property. the Trustee shag have the right to foreclose by notice and sale, and fender shell have the dot to <br />foreclose by judicial fora tosure. M drifter case In accordance WIN and to the NO ardent p=ddad by applicable tawv. <br />SuccessorTruseftz Lander. at LomWs option, may from time to t:me appolnt a successor Tnrstes to anyTha toeeppcinted hereunder by an <br />Instrument executed and actmowbdged by Lander and recorded in the offico of the recorder of HALL County, Mnas%& The hmsbument shag <br />contain, in adOm to all other matters required by state law. the names of the cif& l Lender. Tnmto% end T -ultr. Hie tack and Porto (or <br />' ... <br />