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201208582
<br /> DEED OF -i"RUST
<br /> Loan 1�90_ 1000413'1 (Cottt9nueCl) Page 5
<br /> the Property; and, with or without taking possession of the Property, sue for or otherwise collect the
<br /> rents, issues and profiits of the Property, inclucl.ing those past due and unpaid, and. apply the same, less
<br /> costs and experises of operation and collection attomeys' fees, ro any inciebtedness secured by this Deed
<br /> ofi Trust, all in suci� order as Lender may determine. The enYering upon and taking possession ofi the
<br /> I'�roperty, the collection of such renYs,. issues and profits, and the application thereof shall not cure or
<br /> waive any default or notice of de'Fault under this Deed of Trust or invalidate any a�ct done in response to
<br /> such de#avlt or pursuant to such notica ofi default; and, notwithstanding the con:tinuance in possession ofi
<br /> the Property or the coliectiio�n, receipt and application of rents, issues or profits, Trusiee or Lende��r shaJl
<br /> be entitled to exercise every ri5ht provided fior in the Note or the Related Documents or by law upon the
<br /> occurrence of any event of defiault, induding the right to exercise the power of sale;
<br /> (b) Commence an action to foreclose this Deed of TrusY as a mortgage, appoint a receiver or specifically
<br /> enforce any ofi the covenants hereof; and
<br /> (c) Deliver co Trustee a written declaration of default and demand for sale and a written notice of default
<br /> and election to cause Trustor's interest in the Property to be sold, which notice Trustee shall cause to be
<br /> duly filed for record in the appropriate offices ot the County in which the Property os located; and
<br /> (d) With respect to all or any part of the Personal Pro�perty, Lender shall have all the righis and remedies
<br /> of a secured party under the Nebraska Uniform Commerc�al Code.
<br /> Forec7osure 6y Povver of Sale. li Lznder elects to foreclose by exercise of the Power of Sale herein contained;
<br /> Lender shall notify Trustee and shail depasit with Trustee this Deed of Trust and the Note and such recei:pts
<br /> and evicSence of expenditures maae and secured by this �eed of Trust as Trustee may require.
<br /> (a) Upon receipt ofi such notice from lender, Truszee snafl cause to be recorded, pubfished and delivered
<br /> to Trustor such Notice of Default and Notice of Sale as then required by law and� by this Deed ofi Trust.
<br /> Trustee shall, without demand on Trustor, after such time as may then be required by law and after
<br /> recordation of such Notice of Defaulrt and after Notice of Sale having been given as requiretl by Iaw, sell
<br /> the Property at the time and place of sale fixed 6y it in such Notice of Sale, either as a whole, or in
<br /> separate lots or parcels or items as Trustee shail deem expedient, and in such order as it may cletermine,.
<br /> at public auction to the highest bidder for cash in lawful money of the United States payable at the time
<br /> af sale. Trustee shall deliver to such purcnaser or purchasers thereofi its good and sufficient deed or
<br /> deeds conveying the property so sold, but without any covenant or warranty, express or impPied. The
<br /> recitals in such deed of any matters or facts shali be conclusive proof of the truthfiulness thereof. Any
<br /> person, induding without limitation Trustor.,Trustee, or Lender, may purchase at such saie.
<br /> (b} As may be permiYtetl by law, after deducting ail costs, fees and expenses� o'F Trustee and of this
<br /> Trust, including costs of evidence ofi title in connection with sale,TrusYee shall apply tne proceeds ofi sale
<br /> to payment of i�) all sums expended und�er the terrns of this Deed ofi Trust or under the terms of th� Note
<br /> noi then repaid, including bui not limited to accrued interest and late charges, (ii) all other sums ihen
<br /> secured hereby, and (iiil the remainder, if any,to the person or persons legally entitied thereto.
<br /> (c) Trustee may in the manner provided try law postpo�ne sale ofi all or any porti.on.of the ProperYy.
<br /> Remedies Not Exclusive_ Trustee and Len�der, and each of them, shall be entitled to enforce payment and
<br /> perfiormance of any indebtedness or obiigations secured by tnis Deed of Trust and to exercise all rights and powers
<br /> under this Deed of Trust, under the Note, under any ofi the Related Documents, or under any other agreement or
<br /> any laws now or hereafter in force; notwithstanding, some or all of such indebtedness and obl�iyations secured by
<br /> this Deed of Trust may �ow or hereafter be otherwise secured; whether by mortgage, deeci of trust pledge, iien,
<br /> assignment or otherwise. Neither the acceptance. of this Deed of Trust nor its ereforcement, whether by court
<br /> action or �ursuant to ihe power of sale ar other powers contained i�a this Deed of Trust, shall prejvdice or in any
<br /> manner affect Trustee'S or Lcnder°S right to reaf:ze upon oi enforce any other security nQw or hereafter field iay
<br /> Trustee or Lender, it being agreed that Trustee and Lender, and each of them, shall be entit[ed Yo enforce this Deed
<br /> of Trust and any other security now or hereafter hefd 6y Lende�r or Trustee in such order and manner as they ar
<br /> either of them may in their absolute discretion determine. No remedy conferred upon or reserved to Trustee or
<br /> Lend�er, is intended to be exclusive of any other remedy in this Deed ofi Trust or by law provided or permitted, but
<br /> each shall be cumulative and shall be in addition to every other remedy given in this Deed of Trust or now or
<br /> hereafiter existing at law or in equity or by statute. Every power or remedy given by the NOYe or any of the Related
<br /> Documents to Trustee pr Lender or to which either of them may be otherwise entitled, may be exercised,
<br /> coneurrently or independently, from time to time and as often as may be deemed expedient by Trustee or Lender,
<br /> and either of them may pursue inconsistent remedies_ Nothing in this Deed ofi Trust shail be construed as
<br /> prohibiting Lenaer from seeking a deficiency judgment against the Trustor to the extent such action is permitted by
<br /> law.
<br /> Election of Remedies. All of Lende�r's rights and rem2di�es will be cumulative and may be exercised alone or
<br /> together. it Lender decides to spend money or io perform any ofi Trustor's obiigateons urader thi�s Deed of Trust,
<br /> afiter Trustor's failure to dc sa, that decision by Lender will no� affect Lender's right to deciare i rusiot in de#auit
<br /> ana to exercise Lenders remedies:
<br /> Request for Notice. Trustor, on behalf of Trustor and Lender, hereby requests that a copy of any Notice of DefaWt
<br /> and a copy ofi any Notice of Sale under this Deed of Trust 6e mailed to them at the addresses set forth in the first
<br /> paragraph of this Deed of Trust.
<br /> Attorneys' Fees: Expenses. If Lender institutes any suit or action to enforce any ofi the terms of this Deed o(
<br /> Trust, Lender shail be entitied to recover such sum as the court may adjudge reasonable as attomeys' fees at triat
<br /> and upon any appeaL WtietFier or not any court action is involved, and to the extent not prohibited by law, all
<br /> reasonabte expenses Lencier incurs that in Lender's opinion are necessary at any time tor the protection of its
<br /> interest or the enforcement of its rights shali become a part of the indebt�dness payable on dernand end shall bea�r
<br /> interest zt ti�e Note rate from the date of the expenditure until repaid_ Expenses cov�eed by this paragraph include,
<br /> wi�thout limitation, now�ver subject to any iimits under appiicabie iaw, Lender`s attorneys' fees and Lender`s iegal
<br /> expenses, whether or not there is a lawsuit, induding aYtorneys' fees and expenses ior bankruptcy proceec3ings
<br /> (inciuding efiforts to modify or vacate any automatic s'tay or injunctionj, appeals, and any anticipated post-judgment
<br /> collection services, the cost of searching records, obtaining tiile rPports (including foreclosure reports), surveyors'
<br /> reports, and appraisal fees, title insurance, and fees for the Trustee, to the extent permitted by applicable law.
<br /> Trustor also will pay any court costs, in addiiion to all other sums provided by law_
<br /> Rights of Trustee, Trustee shall have all of the rights and duties of Lender as set forth in this section_
<br /> POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obiigations of Trustee
<br /> are part of this Deed of Trust:
<br /> Powers of Trustee_ In addition to all powers of Trustee arising as a mauer of law, Trustee shall have the powe�r to
<br /> take the following actions with respect to the Property upon the writYen request of Lender and Trustor- (a) join in
<br /> preparinc� and fiiing e snap or �Iat of the Real Property, including the ded�i�cation ofi streets or other rigFi.ts to the
<br /> public, ;bl j.oin in granting any easement ar creating any restriciion on the Fieaf Property; and ie) join in any
<br /> subordination or othAr agreement affeciing ti�is Deed of Trus't or ihe inierest ofi Lender under this Deed ofi Trust..
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