|
,., � „ �w
<br />Loan No: 101250661
<br />DEED OF TRUST 2 ��� 0 2 � - '� �-
<br />(Continued) Page 7
<br />the Property or the collection, receipt and application of rents, issues or profits, Trustee or Lender shall
<br />be entitled to exercise every right provided for in the Note or the Related Documents or by law upon the
<br />occurrence of eny event of default, including the right to exercise the power of sele;
<br />(b) Commence an action to foreclose this Deed of Trust as a mortgege, appoint a receiver or specifically
<br />enforce any of the covenants hereof; and
<br />(c) Deliver to Trustee a written decleration of default and demand for sele and e written notice of default
<br />and election to cause Trustor's interest in the Property to be sold, which notice Trustee shall ceuse to be
<br />duly filed for record in the appropriate offices of the County in which the Property is loceted; and
<br />(d) With respect to all or any part of the Personal Property, Lender shall have all the rights end remedies
<br />of a secured perty 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,
<br />Lender shall notify Trustee end shall deposit with Trustee this Deed of Trust and the Note and such receipts
<br />and evidence of 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
<br />to Trustor such Notice of Default and Notice of Sale as then required by law and by this Deed of Trust.
<br />Trustee shatl, without demend on Trustor, after such time as may then be required by law and efter
<br />recordation of such Notice of Default and efter Notice of Sale having been given as required by law, sell
<br />the Property at the time and plece of sale fixed by it in such Notice of Sale, either as a whole, or in
<br />separate lots or percels or items as Trustee shell deem expedient, end in such order as it may determine,
<br />at public auction to the highest bidder for cash in lawful money of the United States peyable at the time
<br />of sale. Trustee shall deliver to such purcheser or purchasers thereof its good and sufficient deed or
<br />deeds conveying the property so sold, but without any covenant or warranty, express or implied. The
<br />recitals in such deed ot eny matters or facts shall be conclusive proof of the truthfulness thereof. Any
<br />person, including without limitetion Trustor, Trustee, or Lender, mey purchase et such sale.
<br />(b) As may be permitted by law, after deducting all costs, fees and expenses of Trustee and of this
<br />Trust, including costs of evidence of titie in connection with sele, Trustee shall apply the proceeds of sale
<br />to payment of (i) all sums expended under the terms of this Deed of Trust or under the terms of the Note
<br />not then repeid, including but not limited to accrued interest and lete charges, (ii) all other sums then
<br />secured hereby, and (iii) the remeinder, if any, to the person or persons legally entitled thereto.
<br />(c) Trustee may in the manner provided by law postpone sale of all or eny portion of the Property.
<br />Ramedies Not Exclusive. Trustee and Lender, end each of them, shall be entitled to enforce peyment and
<br />performance of any indebtedness or obligetions secured by this Deed of Trust and to exercise all rights and powers
<br />under this Deed of Trust, under the Note, under any of the Releted Documents, or under any other egreement or
<br />any laws now or hereafter in force; notwithstanding, some or all of such indebtedness and obligations secured by
<br />this Dead of Trust may now or hereefter be otherwise secured, whether by mortgage, deed of trust, pledge, flen,
<br />assignment or otherwise. Neither the ecceptance of this Deed of Trust nor its enforcement, whether by court
<br />ection or pursuant to the power of sale or other powers contained in this Deed of Trust, shall prejudice or in eny
<br />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, end each of them, shalt be entitled to enforce this Deed
<br />of Trust and eny other security now or hereafter held by Lender or Trustee in such order end manner as they or
<br />either of them may in their absolute discretion determine. No remedy conferred upon or reserved to Trustee or
<br />Lender, is intended to be exclusive of any other remedy in this Deed of Trust or by law provided or permitted, but
<br />each shall be cumulative and shell be in eddition to every other remedy given in this Deed of Trust or now or
<br />hereafter existing at law or in equity or by statute. Every power or remedy given by the Note or any of the Related
<br />Documents to Trustee or Lender or to which either of them may be otherwise entitled, mey be exercfsed,
<br />concurrently or independently, from time to time end as often as may be deemed expedient by Trustee or Lender,
<br />and either of them may pursue inconsistent remedies. Nothing ln this Deed of Trust shell be construed es
<br />prohibiting Lender from seeking e deficiency judgment against the Trustor to the extent such ection is permitted by
<br />law. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an electlon to
<br />meke expenditures or to take action to perform an obligation of Trustor under this Deed of Trust, after Trustor's
<br />failure to perform, shell not affect Lender's right to declare a default and exercise its remedies.
<br />Request for Nodce. Trustor, on behalf of Trustor and Lender, hereby requests that a copy of any Notice of Default
<br />and a copy of any Notice of Sale under this Deed of Trust be mafled to them at the addresses set forth in the first
<br />paragraph of this Deed of Trust.
<br />Attomeys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Deed of
<br />Trust, Lender shall be entitled to recover such sum as the court may edjudge reasonable as attorneys' fees at trial
<br />end upon sny appeal. Whether or not any court action is involved, and to the e�ctent not prohibited by law, all
<br />reesonable expenses Lender incurs that in Lender's opinion ere necessary at any time for the protection of its
<br />interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shell bear
<br />interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include,
<br />without limitetion, however subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal
<br />expenses, whether or not there is a lawsult, including attorneys' fees and expenses for bankruptcy proceedings
<br />
|