|
��14�1479
<br /> �EED �F T�UST
<br /> ��o11t[t�ued� Page �
<br /> R�ght�o �ure. If any default, oth�r than a defaul-� in payment is curable and if Trustvr has not been given a notice
<br /> o�F a breach af the same pra�isivn of th�s ❑eed of Trust within the preceding�wel�e {1�} months, ifi may be cured if
<br /> Trus�or, after Lender s�nds wri��en notice to Trustar demanding �ure o�F such defaul�: ��) �ures�he defau[t within
<br /> twen�y ��n� days; or �2} i� �he cure requires m�re than �wenty {�n} days, immediately initia�es steps which
<br /> Lender deems �n Lender's svle discretion to be suffic�ent fiv cure the d��Fault and therea�t�r cont�nues and
<br /> �ompletes all reasonable and necessary steps sufficient to p�oduGe compliance as soon as reas�nably prac�ical.
<br /> RIGHTS AiND FiEME�1ES aN DEFAUL�'. Upon the occurrence vf any E�ent �f Be�ault under any inde�tedness, nr
<br /> sh�u[d Trustor fail ta c�mply with any of Trustor's ob��gations und�r th�s Deed of Trust, Trust�e �r Lender may exercise
<br /> any one or more of the����awing rights and r�medies:
<br /> e4ccelera�i�n Upvn DefauC�9 �►c�dit6onal Rem�d�es. I�any Event of Defiault�ccurs as per the terms of the No�e
<br /> secured herehy, Lender may de�lare a11 lndebt�dness secured by this Deed of Trus�to be due and payable and
<br /> the same shall thereupon bec�me due and payab[e with�ut any presenfiment, demand, pr�tes�flr notice of any
<br /> kind. Thereafter, Lender may:
<br /> �a} Ei�her in person or by agent, wi�kh or without bringing any action or proceedfng, vr by a receiWer
<br /> appointed �y a caurt and wi�haut regard �o the adequacy�f its s�curity, enter upon and take possession
<br /> o�the Proper�y, or any par�thereof, in its own name vr in the name vf Trustee, and do any ac�s which it
<br /> � deems necessary�r desirable to preser�e the �alue, marketability or rentabi�Ety o�the Praperty, or part vf
<br /> the Property or interest in the Property; �ncr�as� the incom� from the Prap�rty or protect the security af
<br /> the Prflperty; and, with ❑r w�thaut taking passessivn o�r the Property, sue for or ❑therwise collect fihe
<br /> rents, issues and prafits of the Praperty, including �hvse past due and unpaid, and apply the same, less
<br /> costs and�xp�nses af vpera�ion and collec�ian a�tarneys` fees, to any indebtedness secured by this Deed
<br /> o-� Trust, all in such vrder as Lender may determin�. The en�ering upon and taking passess`ron o-� the
<br /> Property, the collection �f such ren�s, issues and pro�its, and the application thereof shall no� cu�-e or
<br /> waiv� any default or n��ice of default under this ❑eed o�Trust or EnWalidate any act done in respanse fia
<br /> such defiauf�t or pursuant to such notice o�de�Fau[�; and, n�tw�thstanding the continuan�e �n possession o�
<br /> th� Property or �he �o[�ection, receipt and appliGa�ion o� r�nts, issues or profits, Trust�e or Lender sha[�
<br /> be entitled ta exerc�s� eWery righ� pro�ided far in the Nv�e or the Related Documents or by [aw upon the
<br /> ❑c�urrence vf any e�ent of default; including th� right to exercise the power of sale;
<br /> 4b� Commence an action�o fiore��ose this Deed of Trust as a mortgag�, appvin�a recei�er or specificafCy
<br /> enforce any of the covenants herevf; and
<br /> �c� ❑�[iver to Trus-tee a written decla�ation �f de�Fault and demand �or sale and a wri��en noti�e ofi defau[t
<br /> and e[ectian t� �ause Trustor's interest in the Praperty to be sold, whi�h notice Trustee shall cause tfl be
<br /> du[y�i�ed for re��rd in the apprapriate offices of the C�unty in which the Property is lvcated; and
<br /> �d} 11Vith respec�t� a[[ �� any part of the Personaf Property, Lender shall ha�� a�l the rights and r�m�dies
<br /> of a secured par�y under the Nebraska Uniform Commer�ial �ode.
<br /> Fareclosure by Powe�af 5ale. If Lender elects t�foreclose by�xe�-cise af fhe P�wer ofi Sale herein contained,
<br /> Lender shall notify Truste� and shall deposi� with Trustee this Qeed o�Trusfi and th� Note and such receipfis
<br /> and e�idence of expenditur�s made and secured by th�s Deed of Trust as Trus�e� may require.
<br /> �a� Llpon receipt of such nvtice fram Lender, Trustee shall cause to be record�d, pub�ished and deli�ered
<br /> to Trus�or such No�ice o� Default and No�ice of Sale as then required by �aw and hy this Deed ❑f Trust,
<br /> Trustee shall, without demand �n Trustor, after su�h time as may then be required �y law and af�er
<br /> recordatian of such No�ice of Defau�t and after Notice of Sale ha�ing be�n gi�en as requ�red �y [aw, sefC
<br /> the Property a� the �ime and place of saf� fixed by it �n such lVotice o� Sale, eithe� as a vvho[e, �r in
<br /> separate lots or parcels or items as Trustee shal[ deem expedient, and in such arder as it may determine,
<br /> at public auct�on t� the highest �idder fior cash in lawful money of the tJnited S�ates paya�le at the time
<br /> of sa�e. Trustee shall deli�er to such purchaser or purchasers there�� its �ood and sufficient deed or
<br /> deeds con�eying �he property s� svld, hut withvut any co�enant or warranfiy, express or implied. The
<br /> reci�ta�s in such deed o� any matters or facts shall be conclusiWe praof of the �ruth�Fulness thereof. Any
<br /> persan, including without limita�ion Trust�r,Trustee, or Lender, may purchase at such sa[e.
<br /> �b� As may be permitted by law, af�er deducting all cas�s, fees and expenses Qf Trus�ee and of this
<br /> Trust, inc[uding costs of e�idence of tit[e in connection wi�h sale,Trustee shall apply�he praceeds flfi sale
<br /> to payment af �i� all sums expended under the t�rms v�this Deed�f Trust or under the terms o�F�he N�t�
<br /> not then repaid, including bu� not limit�d to accrued interest and la�e �harges, {Eif al[ o�h�r sums then
<br /> secured hereby, and {iii� the remainder, i�F any, tv the person or persons fega�[y enti�led there�o.
<br /> �c} Trustee may�n the manner pro��ded �y faw pos�pone sale of all or any p�rtion of the Property.
<br /> Remedies No� Exc�usiWe, Trustee and Lender, and each �f them, shal� be enti�led �o enforce paymen� and
<br /> perf�rmance of any ind�btedness or ab�igations secured i�y this Deed of Trust and to exercise all righ�s and powers
<br /> under this Deed vf Trust, under the Note, under any o�the Related Documen�s, or under any other agreemenfi or
<br /> any [aws now or hereaft�r �n force; notwiths�anding, some vr all of suGh indebtedness and ❑hliga�ions secured �y
<br /> �his Deed of Trus� may now �r herea�ter be othervv�se secured, whe�her �y mortgage, deed ❑f trust, pledge, [��n,
<br /> assignment ar otherwise. Neither the a�ceptanc� of this Deed of Trust nor its en�orcement, whether by cour�
<br /> action ❑r pursuant to the power o-� saf� vr other powers contained in this Deed af Trust, shall pr�judice vr ;n any
<br /> manner affec� Trustee`s or Lende�'s righ� to realiz� upvn vr en����e any o�her securi�y now or herea��er he[d by
<br /> Trus�ee�r Lender, it being agreed�hat Truste� and Lender, and each❑f them, shall be entitled fio enforce this Deed
<br /> of Trust and any othe� security now or hereafter held by Lender or Trustee in such order and mann�r as they or
<br /> eith�r of �hem may in their absolute d�scretion determine. No remedy c�nf�rred upon or reser�ed to Trustee or
<br /> Lender, is �ntended to be exclusi�e of any other remedy in �his Deed of Trust ❑r by [aw pro�ided or permit�ed, but
<br /> each sha[� be cumulati�e and shalf �e in addition to eWery o�kher remedy �i�en in th�s Deed ❑� Trust ar now ar
<br /> herea#ter ex�sting at lavu or in equity�r by statufie, Every p�wer or remedy giWen by the Note or any�f-�he Re[ated
<br /> ❑ocuments �ta Trustee or L�nder ar to vvhich either of them may be otherwise en�itfed, may be exercised,
<br /> c�ncurrently or ind�penden�ly, �ram time to time and as often as may he deemed expedient by Trus�ee or Lend�r,
<br /> and eith�r of them may pursue inc�nsistenfi remedies. Nothing in this Deed of Trust shall he construed as
<br /> prohihiting Lender from seeking a deficiency judgment against�he Trust�r tv the ex�ent such activn is permitted by
<br /> law.
<br /> Election v# Rer�edies, AI� vf Lender's rights and remedies will be cumu�ati�e and may be exercised alone or
<br /> toge�her. If Lender deGides ta spend money or -�o perf�rm any of Trustor"s ob[igations under �his De�d of Trust,
<br /> after Trust�r's failure �o do so, that de�ision l�y Lender wi[� not affect Lender's right t� declare Trustar in default
<br /> and to exerc�se Lender's remedies.
<br /> Request for Notice. Trustor, on �ehalf o�Trust�r and L�nder, her�by reques�s that a copy of any Notice of Defauft
<br /> and a cvpy of any No�ice o�F Sale under this=Deed vf Trus� be ma�led t❑ �hem at the address�s se��or�h in the �irst
<br /> paragraph o#this Deed �f Trust.
<br /> Attvrneys' Fe�s; Expenses. 1f Lender �nstitutes any suit or acfiion �o enforce any of the terms of this Deed ��
<br /> Trust, Lender sha[[ b� entit�ed to rec���r such sum as�he cvurfi may adjudg� reasonable as att�rneys' fees at trial
<br /> and upon any appeal. VVhefiher or no-� any court action is involv�d, and �o the extent not prohibited by lavv, a�l
<br />
|