|
��14��35�
<br /> a�ED �F TRUST
<br /> ��orltinued} Page 7
<br /> �b} As may be perm�tted by �aw, a�ter dedu�ting a!! costs, �ees and expenses o� Trustee and of th�s
<br /> Trus�, incfuding �asts o�e�id�nce afi ti�le in connection w��h saie,Trustee sha�l appiy th�proceeds o�F sale
<br /> �o payment of (i}all sums expended under#he terms af this ❑eed of Trust vr under the terms of the Nate
<br /> not then �epaid, including bu� nat limi�ed fio accrued inferest and lat� charges, �ii} all other sums then
<br /> secured hereby, and �iii}the remainder, if any,to the person or persons legally enti�led�herefo.
<br /> �c} Trust��may in�he manner pra�ided by 1aw postpon�sale o�al[ar any por�iQn of the Prape�ty.
<br /> Remedies No� Exclusi�e. Trus�ee and Lender, and each of them, shal! be ent�#led to enforce payment and
<br /> �e�formance of any indebtedness or obligations se�ured by�his Deed of Trust and�o exe�cise all righ�s and powe�s
<br /> under this Deed of Trust, under�he Note, und�r any of the Re�at�d ❑ocuments, or under any o�her agreement or
<br /> any Iaws now o�herea�ter in �orce; no�twi�hstanding, some or ai! o�such indebtedness ar�d abligations secured by
<br /> �his Deed �f Trus�may now �r he��after be athenluise secured, whe�her by mortgage, deed of t�rust, p�edge, lien,
<br /> . assignmen� ar otherwise. Ne�ther �he acceptance o�this Deed n� T�ust nor i�s enforcemen�, whether by court
<br /> a�tian or pursuan�to the pawer of sale.or other powers con�ained in this Deed o�Trust, shal[ pr�jud�ce or in any
<br /> manner affect Trus�ee's or Lender's right to realize upon or enfarce any a�her security now or hereafter heid by
<br /> Trustee or L�nder, i�being agreed tha�Trustee and Lender, and ea�h of them, shall be entitled�o enfvrc�this Deed
<br /> of Trus� and any other security now or hereafter hefd by Lender or Trustee in such order and manner as �hey o�
<br /> eithe�r of�h�m may in their absolu�e discretion determine. No remedy con�erred upon or reserved fia Trustee or
<br /> Lender, is intended to he exclusi�e o�any o�her remedy in this Deed of Trust or by law pro�ided or perm�tted, bu�
<br /> ea�h shal� be cumu{at��e and sha�i b� �n additian t❑ every other remedy gi�en �n this Deed of Trust or now or
<br /> hereafter existing at law or in equi#y or by sta�ute. E�ery pawer or remedy gi�en by the N�te or any of the Related
<br /> Documents �o Trustee ar Lender or ta which either o� them may be o#herwise enti�led, may be exercised,
<br /> concu�ren��y or independen�ly, from time�o time and as❑f�en as m�y be deemed exped�ent by Trus�ee ar Lend�r,
<br /> and ei�he� o� them may pursue incansis�ent remedies. Nathing in �his D��d o� Trust shall be construed as
<br /> prohibiting Lender firom seeking a d��iciency judgment against th�Trustor to the ex�ent such action is permitted by
<br /> I aw.
<br /> E�ectinn of Remedies. All of Lender's rights and remedies will �e cumulati�e and may be exe�cised alone or
<br /> �oge�her. If Lender dec�des to spend money or to perForm any of Trus�ar's abligatians under th�s Deed af Trust,
<br /> after Trustor's failure to do so, that decision by Lender will not affect Lender's right t� declar� Trustor in defauit
<br /> and to�xerc�se Lender's remedies. �
<br /> Reques�for Notice. Trus�or, on behalf o�Trustar and Lender, he�eby�equests�hat a copy o�any Not�ce of Defaui#
<br /> and a copy o�any Notice of Sale under�his Deed of T�ust he mailed to them at the addresses set�orth in the fir�st
<br /> paragraph�f this Deed�f Trust.
<br /> A#tar�neys' Fe�s; Expenses. �f Lender ins�itu�es any suit ❑r action ta enforce any ❑f�he �erms o�this Deed of
<br /> , Trus#, Lender shali b�enti�led to re�o�er such sum as the �ourt may adjudge reasanab�e as att��neys' fees at trial
<br /> and upon any appea�. Whe�her ❑r n�t any court action is involv�d, and to the ex#ent not prohibi�ed hy law, all
<br /> reasanable expenses L.ender incu�s �hat in Lende�'s ❑pinian are necessary a� any �im� �or the prote�tion of its
<br /> . in�erest ar the enforcemen�of its �igh�s shall become a pa�t of the lndebtedness payab�e on demand and shall bear
<br /> interes#a�#h� Note ra��f�om the date o�the expenditure until repaid. Expenses cover�d by this paragraph inc�ude,
<br /> without limifiation, howe�e�subject to any�imits under appli�ab�e [aw, Lender`s a��arneys'fees and Lender's legal
<br /> expenses, whe�he� or not �here is a �awsuit, including a#torneys' fees and expenses fior bankruptcy proc�ed�ngs
<br /> �+nciuding efi�orts t�modify or�a�at�any aufomatic stay or injunction}, appeals, and any anticipa�ed past�judgmen�
<br /> co�iection se�vi�es, the cost of searching records, obtaining tit�e reports �includin� fore�lasure repor�s}, sunreyors'
<br /> repo�ts, and app�aisal fees, ti��e insurance, and fees fo� th� Trustee, ta the exten� perm��ted by appiicable law.
<br /> Trus�or also wil� pay any cou�t c�sts, in addition ta a�l❑�her sums proWided by Caw,
<br /> Rights�of Trus�ee. Trus�ee shaii have a!I a�the righ#s and duties of L�nder as se�forth in this se�t�on,
<br /> P�V1rERS AND �BLIGATIt]NS�F TR�STEE. The fal�awing pro�isions rela�ing to the pawers and o�ligatians of Trustee
<br /> are part of this Deed of Trust:
<br /> Powers o#Trustee. In addi�ion tv a[!povuers o�Trust�e arising as a matfer of law, Trustee shaii have the power�o
<br /> tak� the following act�ons with respect to the Praperty upon the written reques#�f Lender and Trustar: �a}join in
<br /> preparing and #iling a map or pia� of the Real Properky, including �he dedication o�streefs or other rights to the
<br /> pub��c; �b} �oin in granting any easement or creating any �estriction on the Real Property; and �c} join �n any
<br /> subordina�ian or o#h�r agreement a�fecting this De�d of Trust ar the in�erest af Lender under�his ❑e�d of Trust.
<br /> Trustee. Trustee sha1� mse� all qual��icatians required for Trustee under applicabie law. ln addi�ion to the �igh#s
<br /> and remed�es se# forth abo�e, with respec�to all o� any part of the Prope�#y, the Trustee shall have �he right�o
<br /> �areclose by no�ice and sale, and Lend�r wil! have the r�gh� to fareclase by judicia� for�clasure, in ei�her case in
<br /> ac�ordance with and to the full exten�pro�ided by appl�cable law.
<br /> Suc�essor T�rustee. Lender, at Lender's aption, may�rom time�a�ime appaint a suc�essor Trustee�o any Trustee
<br /> � appo�nted under this Ueed o�Trust by an inst�ument ex�cuted and acknvvu�edg�d by Lend�r and recorded in the
<br /> af#�ce o�the reco�der of HALL County, State of IVebraska. The instrum�n� shall contain, in add�tian ta all other
<br /> mat�ers r�quired by s�a�e Eaw, �he names of �he originai Lender, Tru�#ee, and Tru��or, the book and page {a�
<br /> campu#er sys�em reference} where this C]eed of Trust is record�d, and the name and a�dress �f�he successar
<br /> trust�e, and the instrumen#sha�l be executed and acknawledged by a!I the benefciaries under fhis Deed of Trust flr
<br />
|