|
��14�4915
<br /> DEED �F TRUST
<br /> Loan No: ��'12777g7 ��ontinu�d� Page 7
<br /> compl��es all reasonable and necsssary sfieps sufficient to produce compliance as so�n as reas�nably practical.
<br /> RIGHTS AND REMEDEES DN DEFAULT. If an E�ent ❑fi Default occurs under this �eed of Trust, at any time thereafter,
<br /> Trustee or Lender may exercise any❑ne❑r mare ❑f the�o�lowing righfis and remedies:
<br /> Acceleration Upon Default; Additional Remedies. lf any E�ent o� Default o�curs as per�h� terms of the Note
<br /> s�cured hereby, Lender may declare all Indehfiedn�ss se�ured by this Deed of Trus�to be due and payable and
<br /> �h�same shall�hereupon become due and payable without any presentment, demand, protest❑r notice vf any
<br /> kind. Thereafter, Lender may:
<br /> �a� Either in persvn or by agen�, wi�h or without bringing any ac�ian ar praceeding, vr by a reGei�er
<br /> appoinfied hy a cvurt and without regard �o the adequacy ❑�f i�ts securi�y, enter upon and�ake possessian
<br /> of the Property, ar any part thereof, €n its ❑wn name or in the name ❑f Trustee, and d❑ any ac�s which it
<br /> deems ne�essary ❑r desiralale to p�eser�e the value, marke�ability or rentability ❑f�he Praperty, ❑r part of
<br /> the Property or interest in the Proper�y; increase the �ncome from the Property or prvfiect fihe security vf
<br /> the Properfiy; and, with �r with�ut taking possessi�n of the Prap�r�y, sue far ❑r �therwise Gollect the
<br /> rents, issues and profits ❑f the Praperty, including those past due and unpaid, and apply the same, less
<br /> cos�s and exp�ns�s of operafiivn and colle��ivn attvrneys' fees,to any indebtedn�ss secured by this Deed
<br /> af T�ust, a[� in such �rder as Lender may determine. The en�ering upon and taking possession of the
<br /> Proper-�y, the collection o� such r�nts, issues and prafits, and the application thereaf shall nat cure ar
<br /> wai�e any de�ault❑r n�tice of defaulfi under this I�eed of Trust ❑r in�alidate any a�t dvne in response tv
<br /> such default ar pursuant�❑such na�ice of default; and, no�wi�hsfianding the continuance in possession of
<br /> �he Proper�y or the collectian, re�eip� and application ❑fi rents, issues ar pro�its, Trus�ee vr Lender shall
<br /> be entitled �o exercise e�ery righ� proWided #or in�he No�e ❑r the Related ❑ocumen�s ar by law upan�he
<br /> �ccurrence v�any e�en�of defaul�, including the righ��❑exercise�he pvwer❑#sale;
<br /> {b} Commence an actian t� �ar�clase this Deed of Trust as a mortgage, appvin�a recei�er vr specifically
<br /> enforce any of the co�enants hereaf; and
<br /> {�} Deliv�r to Trus�ee a writ�en declaration o�defau[fi and demand �or sale and a written natice of defaul�
<br /> and election to �ause Trustor's interest in the Property t❑ be sold, which nvtice Trustee shall cause to be
<br /> duly�iled�or record in the appropriate❑ffices o�the Coun�y in whi�h the Prvperty is laca�ed; and
<br /> �d} Vllith respect to all or any par�of�he Persvnal Proper�y, L�nder shall ha�e alI the righ�s and remedies
<br /> of a secur�d party under the Nebraska Unifarm �ommercial Cvde.
<br /> Fareclosur� hy Pvwer o�Sa[e. �f Lender ele�ts ta fvre�lvse hy exercise of the Power of Sale herein contained,
<br /> Lend�r shall noti�y Trustee and shall deposi� wi�h Trustee this Deed af Trus� and the Note and such receipts
<br /> and �Widence o�expendi�ures made and secured by this Deed ❑f Trust as Trus�ee may re�uire.
<br /> �a� Upon r�ceipt❑�such notiGe from Lender, Trustee sha[[ cause t❑ 1ae recorded, published and deli�ered
<br /> to Trustvr such N�tic� af ❑efaul� and Notice ❑f 5ale as then required by [aw and by this Deed of Trus�.
<br /> Trustee shall, without demand on Trustor, after such time as may then be required by iaw and after
<br /> recordation of such Notice af Defauffi and afi�er N�tice vf 5ale ha�ing been given as required hy [aw, sell
<br /> �he Prvperty at the time and place o� sale �ixed by i� �n such Notice ❑f Safe, either as a wh�le, ar in
<br /> separate lots or parcels ar itsms as Trustee shall deem �xpedien�, and in such order as �t may determine,
<br /> a� public au��ivn ta the highes� b�dder fvr cash in lawful money ❑f the lJnited States payable at the �ime
<br /> of sale. Trus�ee shall deli�er to such purchaser ar purchasers therevf its gaod and su�fi�ient deed or
<br /> deeds convey�ng the prvperty sa sofd, but with�u� any co�enant ❑r warranty, express or implied. The
<br /> reci�als in such deed of any matters ar facts shai� 1ae conclusi�e prvvfi ❑�the tru�hfu�ness �hereo�. Any
<br /> persan, including w;thaut iimitativn Trustar,Trustee, vr Lender, may purchase at such sale.
<br /> �1a� As may 1�e permi�ted by faw, after deducting a11 costs, fe�s and �xp�nses ❑�F Trustee and of this
<br /> Trust, inc�uding casts ❑f e�idence of ti�tfe in connection with sale,Trustee shall app�y�khe proceeds ❑�f sale
<br /> to paymen�vf {i� all sums expended under the terms of this Deed of Trust or under the terms ❑f the Nate
<br /> not then repaid, including 1�ut no� limified �o accrued interest and late charges, {ii} aI� other sums �h�n
<br /> secured hereby, and �iii} the remainder, if any, t❑the persan ar persons legally entit[ed thereto.
<br /> {c� Trustee may in the manner pro�ided by law pos�kpone sale o�f all or any partion o�the P�aperty.
<br /> Remedies 1Vv�k Exclus��e. Trusfiee and Lender, and each ❑t them, shall be entitled �o enforce payment and
<br /> per�ormance ❑f any indebtedness or obligations se�ured by�his ❑eed ❑f Trust and ta exe�-cise all �ights and powers
<br /> under this Deed of Trus�, under the Note, under any o��he Related ❑ocuments, �r under any a�her agreement or
<br /> any �aws naw or her�after in far�e; nvtwithstanding, same or a�[ af suGh indebtedness and ❑bliga�ions secured by
<br /> this Deed of Trus� may now or hereafter be vtherwise se�ured, whether by mar�gage, de�d af trust, pledge, �ien,
<br /> assignment or otherwise. Nei�her the acceptance of �his D�ed o� Trust nor i�s enforcement, whether by court
<br /> actian vr pursuant ta the power ❑f sale or ❑�her pawers contained in this Deed ❑�Trus�, shall prejudice or in any
<br /> manner af�ect Trustee's or Lender's right ta realize upon vr enforce any other security now ar hereafter he�d hy
<br /> Trustee vr Lender, it being agreed�hat Trus�ee and Lender, and each❑f them, shall be entitled to enfarce this Deed
<br /> o�Trust and any o�kher s�curi�y novu or hereafter held by Lender ar Trustee in such order and manner as they or
<br /> either ❑f them may in their abso�u�te discre�ian determine. N❑ rem�dy �onferred upon ar reser�ed t❑ Trustee or
<br /> Lend�r, is in�ended �o be exc�usi�e of any other remedy in this ❑eed vf Trust�r by iaw pro�ided or permitted, bu�
<br />
|