|
��14�7971
<br /> DEE�3 �F TR�J��'
<br /> Loan No: 1�1��'�537 ����fA�1u�d� Page 7
<br /> t�y As may be permitfied by law, af�er deducting al1 cas�s, fiees and expenses of Trustee and of this
<br /> Trus�, including costs o�F e��dence of�ti�le�n c�nnection with sale, Trus�ee shal� apply the proceeds of sale
<br /> to paym�nt o� �i� a�l sums�xpended under the�terms❑f this �eed af Trust�r under�he terms of the Nate
<br /> not �hen r�paid, including but not limit�d to accrued interes� and lafie charges, {ii} all flther sums then
<br /> secured hereby, and �iii� the remainder, if an�, to the person or pers�ns le�al�y entitled theretn.
<br /> {�} Trustee may in the manner pro�ided by law postpone sale of all or any pflrtivn o�the Property.
<br /> Remedies Not Ex�lusiv�. Trustse and Lender, and ea�h of them, sha�! b� entitled �o enfor�e paymen�t and
<br /> perf�rmance a�any ind�btedness ar abligations secured by this ❑eed �f Trust and t❑ exercise al� rights and pawers
<br /> under fihis I]eed o�Trus�, under the Nvte, under any af �he Rela�sd aocumsn�s, or und�r any o�her agreem�n� �r
<br /> any laws now or hereafter in force; notwi�hstanding, som� or all flf su�h indebtedness and obligat�ons se�ured �y
<br /> this Deed of Trust may now or hereaf�er be oth�rwise s�cured, wheth�r by mortgage, deed vf trus�, p�edge, lien,
<br /> assignmen�t or o#herwise. N�ith�r the acceptance of this ae�d afi Trust nor its �nfor�ement, wheth�r by court
<br /> a�tian or pursuant to the power af sa�e vr other pawers �on�ained in this ❑eed of Trusfi, shalf prejudice �r in any
<br /> mann�r af�ec� Trustee's or Lender's right to realize upon or enfor�e any other security n�w �r hereafter he�d by
<br /> Trustee or Lender, it being agreed that Trust�e and Lender, and each ofi them, shall �e en�itled�t�enf�rce this Deed
<br /> of Trust and any ❑ther security naw ar hereafter held by Lender ❑r Trustee in such vrder and manner as they vr
<br /> ei�her �f thern may in theEr absvlute discr�tion determine. No remedy con�erred upon ar res�rved �o Trustee or
<br /> Lender, is in�ended to be exclusiWe of any o�her remedy in this Deed of Trust or by !aw pro�ided or permitted, bu�
<br /> each shall be cumuiati�e and shall be in ad�itian �� ev�ry vther r�medy gi�en in �this C]e�d �f Trust or now or
<br /> hereafter existing at law or in equity or by s�tatut�. Every power❑r remedy gi�en by the hl�te or any of th� R�la�ed
<br /> ❑ocuments to Trustee o� Lend�r or �4 which either af �hem may be otherwis� entit[ed, may b� exercised,
<br /> cancurrently or independently, from time to time and as o�ten as may b� deemed expedient by Trus�ee or L�nder,
<br /> and either o� �hem may pursue inconsist�nt remedi�s. No�hing in this [�eed of Trust shall be canstrued as
<br /> prohibiting Lender#�rom seeking a defi�iency judgmen�against the Trustor ta the ex�ent s�ch ac�ian is permitted hy
<br /> law. �
<br /> Elecfiivn of Rernedies. All �� Lender's rights and reme�iss will be cumulati�e and may be exercised alone vr
<br /> together. If Len�er decides to sp�nd money ar �❑ per�orm any �f Trustor's obligatians under this Deed �f Trust,
<br /> a�fter Trust�r's faiiure �o da sa, that �eCisian by Lender will n�t a��ect Lender's right tv dec�are Trustor in default
<br /> and to�xercise Lender's remedies.
<br /> Reques�f�r Notic�. Trustor, on behalf�f Trusfi�r and Lender. her�by requests that a c�py af any N4tice of Default
<br /> and a capy of any No�ic� v�Sa�e under this Deed af Trust b� mai�ed to them at th� addresses se�forth in the first
<br /> paragraph of this Deed a�Trust.
<br /> Attarneys' F�es: Expenses. If Lender EnSt[tUt�'S any suit or ac�ion t� enfarc� any �f th� �erms �f this Deed af
<br /> Trus�, Lender shall �e enf�tl�d t❑ reco��r such sum as the cvurt may adjudge reasona�le as attvrneys' fe�s a�t�tria�
<br /> an� upan any appea�. V1lhether ar n�t any �ourt action is in�ol�ed, and �o �he ex�ent nflt prohihit�d by law, afl
<br /> reasonable �xpenses Lend�r incurs �tha� in Lender's �pinion are necessary at any time. fvr the protecti�n �f�its
<br /> inter�st or the en�orcement of its righfis shall become a part of th� lndebtedness payabl� c�n demand and shall bear
<br /> int�rest at the Not� rate�rom the da�e of the expendi�ur� until repaid. Expenses cavered by�his paragraph include,
<br /> v►rithout limitativn, hovue�er subject to any {imi�s under appliCak�le law, L�nder's atto�neys' fees and Lender's legal
<br /> expenses, whether or not �here is a lawsuit, including a�ttarneys' fees and expenses far bankrup�cy proceedings
<br /> tin�lu�in� efforts to m�dify or vaca�te any aufomatic stay or injuncti�n}� appeals, and any anticipated post�judgment
<br /> colle�tian services, the cost �f searching �ecords. obtaining title r�par�ts �including forec�osure repartsy� SLI�'V�y�l'S�
<br /> reports, and appraisal fiees. �i�tle insurance, and fees �or the Trus�ee. ta �the �xt�nt permitted i�y appli�able �aw.
<br /> �rustar also will pay any cour�cos�ts, in addi�ivn tv al�nther sums provid�d hy�aw.
<br /> Rights v�Truste�. Trustee shall ha�e all of#he rE�h�s and duti�s of Len�er as set farth in this section.
<br /> PC�WERS AIVD aBLIGATI�NS flF TRUSTEE, The following pro�risions relating to the pow�rs and obligat�ons o�f Trust��
<br /> are part of this [�eed af Trust:
<br /> Powers af Trustee. ln additian ta all powers vf Trustee arising as a matter of law, Trustee shall ha�e the pow�r�o
<br /> take the �allowing actians wi�h respe�t to the Praperty upon th� wri�ten request af Lender and Trustor: �a� join in
<br /> preparing and �i�ing a map ar piat of the Rea� PrQperty, including �he dedicati�n of streets or other rights to the
<br /> public; {�y ��in in grant�ng any �asement �r creating any restrict�on on the Real Property; and tc� join in any
<br /> subardina�i�n or ather agreemen�affecting th�s D�ed of Trust or the in�erest af Lender under this �]eed of Trusfi.
<br /> Trustee. Trustee shal[ mee� a!I qua[i�ications r�quired far Trustee under applicable law. In addi�tion to the rights
<br /> and remedies set forth above. with respec� to al! or any part �f �he Praper�ky, the Trus�ee shall ha�e the r�gh� tv
<br /> foreclose by na��c� and sale, and Lender wiil have the right to �areclase by judicial foreclvsure, in either case in
<br /> accordance with and to�he full ext�nt proWided by appl�cable law.
<br /> Successor Trustee. Lender, at Lender's �p�ion, may fram �ime�a time appaint a successor Truste� to any Trus�ee
<br /> appainted und�r this D�ed of Trust by an instrument executed and acknawledged b}� Lender and rec�rde� in th�
<br /> office of �he recorder o� HALL County, State a� Nehraska. The instrument sha�l contain, in additian t� afl a�her
<br /> ma�ters r�quired by state law, th� names of �he �ri�inal Lender, Trust�e, and Trust�r, the b�ok and page �or
<br /> compu�er sys�em ref�rence� where this Deed v�f Trust �s re�orded, and th� name and address af �he su�cessor
<br /> firus�ee, and the instrument shal� be executed and acknowledged by all the bene�iciari�s under this Deed �f Trus�or
<br />
|