|
201403672
<br /> DEED OF TRUST
<br /> Loan No: 68'[175-1 (COntinued] Page 5
<br /> of Trust, allin such order as Lender may determine. The entering upon and taking possession vf the
<br /> Property, the collection o# such rents, issues and prafiis, and Yhe application thereof shall nvt cure or
<br /> waive any default vr notice of default under this Deed of Trust or invalidate any act done in response to
<br /> such de#ault or pursuant to such notice of default; and, na#withstanding the co�tinuance in possession of
<br /> the Property or the collection, receipt and application vf rents, issues or profits, Trustee ar Lender shall
<br /> be entitled to exercise e�ery right pro�ided for in the Note or the Refated Documents or by law upon the
<br /> occurrence af any e�eni of default, including the right to exercise the power of sale;
<br /> {b} Commence an action to foreclose this Deed of 7rust as a mortgage, appoint a receiver or specifically
<br /> enforce any of t[�e covenants hereqf, and
<br /> ic} [7eli�er to Trustee a written declaration ofi default and demand for saie and a written notiGe of default
<br /> and election to cause Trustor's interest in the Property to be sold, which notice Trustee shalk cause to be
<br /> duly filed for record in the appropriate offices of the County in which the Property is located; and
<br /> ;d} With respect to all or any part of Yhe Personal l'roperty, Lender shall have all the rights and remedies
<br /> of a secured party under the Nebraska Unifvrm Commercial Code.
<br /> Foreclasure by Power of Sale. lf Lender elects to fareclose by exercise of the Power of Sale herein contained,
<br /> Lender shall notify 7rustee and shall deposit with Trustee this Deed af Trust ancE tne Nate and such receipts
<br /> and evidence of expe�ditures made and seoured by this peed of Trust as TrusYee may require.
<br /> (a) lapon receipt of such notice from Lender, Trustee shall cause ta 6e recarded, published and deEi�ered
<br /> to Trustor such Not;ce of Default and Notice of Sale as then required by law and by #his Deed of Trust.
<br /> Truste�� shall, without derrsand on Trustar, after su�h time as may then t�e required 6y law and after
<br /> recordativn of such Notice of Default and after Notice of Sale having baen given as required E�y law, sell
<br /> the Property at tE�e time and place of sale fixed by it in such Notice af Sale, either as a whole, or in
<br /> separate lots or parcels ar items as Trustee shalE deem expedient, and in such arder as it may determine,
<br /> at pubiic auction to the highest bidder for cash in lawful money of the United StaYes payahle at the time
<br /> of sale. Trustee shall deliver to such purchaser or purchasers therao# its good and sufficient deed or
<br /> deeds conveying the property so sold, buY withaut any cp�enant or warranty, express or implied. The
<br /> recitals in such deed of any matters or facts shall be conclusive proof of the uuthfulness thereof. Any
<br /> person, including without]imitation Trustor,Trustee, or Lender, rrtay purchase at sueh sale.
<br /> {b} As may 6e permitted hy law, after deducting all costs, fees and expenses of Trustee and of this
<br /> 7rust, including casts of evidence of title in connection with sale, Trustee shali apply tF�e proceeds of sale
<br /> tv payment of (i} a!I sums expended under the terms of this Qeed of Trust ar under the terms of#he Note
<br /> not then repa€d, including but not limited to accrued interest and �ate charges, [ii) all ather sums then
<br /> secured hereby, and {iii) the remainder, if any, ta the person or persans legaily e�titled thereto.
<br /> Ic) Trustee may in the manner provided by law postpone sale of all or any portSan of the Property.
<br /> Remedies Not Exclusive. Trustee and Lender, and each of tf�em, shall be entiYled to enforce payment and
<br /> �erformance of any indebtedness or abligations 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 Related ❑ocuments, or under any other agreement or
<br /> any laws now or hereafier in force; notwithstanding, some or all of such indebtedness and obligations secured by
<br /> this Deed of Trust may now ar hereafter 6e otherwise secured, whether by mortgage, deed of trust, pledge, iien,
<br /> assignment ar otherwise. Neither the acceptance of this Deed of Trust �or its enforcement, whethar by cour#
<br /> acYion or pursuant to the power ofi sals or other powers contained in this Deed of Trust, shall prejudice or in any
<br /> rnanner affect Trustee's or Lender's right to realize upon or enforce any other security now or hereafter held by
<br /> Trustes or Lender, it being agreed that Trustee and Lender, and each of them, shall be entitled ta enforce ti�is Deed
<br /> of Trust and any other security now or hereafter held by Lender or Trustee in such order and manner as tE�ey or
<br /> either of them may in their absolute discretian determine. [Vo remedy conferred upan or reserved to Trustee or
<br /> Lender, is intended to be exclusive af any other remedy in this Deed of Trust or by law provided or permitted, but
<br /> each shall be cumulative and shall ba in addition to every other remedy given in this Deed af Trust ar now or
<br /> hereafter existing at law or in equity or by statute. Every power or remedy given by the iVote or any of the Related
<br /> �ocuments to Trustee or Lender or to which either of them may be otherwise entitled, may 6� exercised,
<br /> concurrently or independently, from time to time and as oftan as may be deemed exped9ent by Trustee or Lender,
<br /> and either of them may pursue inconsistent remedies. Nothing in this Deed of Trust shall be construed as
<br /> prohi6iting Lender from seeking a deficiency judgment against the Trustor ta the extent such action is permitted by
<br /> law. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to
<br /> make expenditures or to take action to perirarm an abliga#ian of 7rustor under this Deed nf Trust, after Trustor's
<br /> failure to perform, shall not affect Lender's right to declare a defsult and axercise its remedies.
<br /> Request far Notice. 7rustor, on behalf of Trustor and tender, hereby requests Yhat a capy of any Notice of Default
<br /> and a copy of any NoYice of 5ale under this Deed of Trust he 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 actio� to enforce any of the terms of this Qeed of
<br /> Trust, Lender shalE be entitled to recaver such sum as the couri may adjudge reasona6Ee as attomeys' fees at trial
<br /> and upon any appeal. Whethar or �at any court action is involved, and to the extent not prohibited by law, all
<br /> ressonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its
<br /> interest or the enforcement of its rights shall become a part ot the Indebtedness payabfe on demand and shall bear
<br /> interest at the Note rate from the date of the expenditure until repaid. Expenses covered 6y this paragraph includ�,
<br /> without limitation, however subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal
<br /> expenses, whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings
<br /> {including efforts to modify or vacate any automatic stay or injunction], appeals, and any anticipated post-judgment
<br /> collection services, the cost of searching records, obteining title reports [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 cosis, in addition to all other sums prpvided py law.
<br /> Rights of Trustee. Trustee shall have afl of the rights and duties of Lender as set forth in this sectian.
<br /> PQWERS AND OBLIGA71QN5 OF TRUSTEE. The follawing pro�isions relating to the powers end obligations of Trustee
<br /> are part af this Qeed af Trust:
<br /> Powers of Trustes. In addition to all powers of 7rustee arising as a matter of law, Trustee shall have the power to
<br /> take the foElawing actions with respect ta the Property upon the written request of l.ender and Trustor. (a] join in
<br /> preparing and filing a map or plat of the Rsal Prnperty, ino]uding the dedicatian of streets ar other rights to the
<br /> pu6lic; [b) jvin fn granting any easement qr creating any resCriction on the Real Property; and (c) join in any
<br /> subardination or other agreement affecting this �eed of Trust or the interest of Lender under this Deed of Trust.
<br /> 7rustee. Trustee shall meet all qualificacions required for Trustee under applicable law. In addition to the rights
<br /> and remedies seY forth above, with respect to alf or any part of the Property, the Trustee shall have the right to
<br /> foreclose 6y notice and sale, and Lender shall ha�e the right to foreclose by judicial foreclosure, in either case in
<br /> accordance with and to the#ull extent provided by applicable law.
<br /> Suacessor 7rustee. Lender, at Lender's option, may from time to time appoint a successor Trustee tv any TrusYee
<br />__._--
<br /> �;� � � ��r� � a � .�.T_�.���.T�_.��.o..ad�r��rm�rr'ir-�.°i_.r.�-i__....i..,..,,...,..�,f.......e�..i....�--_.n_._.��_.._..r�..�.�-��,;,�r�,4°e•�a�a�._.�.,..........,�.;�..�;;m_�-�r�--;....,�....__..,m.._,.
<br />
|