��15��545
<br /> DEE[3 D F TRLJST
<br /> Loan iNa: ���Z�239� �C�r�t�nued� Pag� 7
<br /> �c� Deliver t�Trustee a written dec[ara�ti�n of de�auit and demand far sa�e and a written natiCe of default
<br /> and election�o eause Trustor's interest in the Praperty to be so�d, which notice Trustee shall cause�o be
<br /> duly�iled for record in the apprapria�e❑ffices of the �ounty in whi�h the Proper�ty is Iocated; and
<br /> �d} VIlith respect�� all �r any part o�the Personal Prop�rty, Lender shall ha�e ail th� righ�s and remedies
<br /> o�a secured party under the N�braska Unifarm Camm�rcia! Cod�.
<br /> Fvr��lasure by Pawer a�Sale. If Lend�r elects to fore�lose by exercise afi the Power af 5ale here�n contained,
<br /> Lender �hall notify Trustee and shall d�posit with Trus�ee this Deed vf Trust and the No�e and such rece�pts
<br /> and evidence of expenditu�es made and s�cured by this Deed a�Trust as Trust�e may requir�,
<br /> {�} Upvn receipt of such notice from Lender, Trustee shall cause�� b� re�arded, published and de�i��rsd
<br /> to Trustor such IVoti�e ot Default and IVoti�� o� 5ale as then required by lavv and by this Deed of Trust.
<br /> Trustee shall, withou�t demand on Trustor, after such time as may then be required by law and af�er
<br /> recardation �f such Notice vf Defaul� and after No�ice of Sale having b��n given as rec�uired by law, sell
<br /> �he Property at the time and place of sale fixed �y i� in such N��ice of Sa�e, either as a wh�le, or in
<br /> separa�e lots or parcels or i�tems as Trustee shall deem expedient. and in such order as i�may�etermine,
<br /> a� pub�ic auction �o �he h�ghest bidder f�r cash in lawful money ❑f the United 5tates payable at the tirne
<br /> v� sale. Trustee shall deli�er to such pur�haser or purchasers thereof its g�ad and sufficient deed vr
<br /> deeds canveyEng the property so svld, �ut withou�t any caWenanfi ❑r warranty, express ar implied. The
<br /> recitals in su�h deed of any matters ❑r facts shall be conclusive proa� af the �truthfulness th�reaf, Any
<br /> person, fncluding without limi�ation Trustar, Trus�ee, or Len�er, may purchase at such sal�.
<br /> �by As may be permitted by law, a�ter deduc�ing all costs, �ees and expenses af Trustee and vf this
<br /> Trust, including costs of eviden�e af title in cann�ction wi�h sale, Trustee shall apply the proceeds o�sale
<br /> to paymen�t o�F {i� all sums �xpended under the terms of this Deed af Trust or under the fierms af�he N�te
<br /> n�� then repaid, including but not limi�ed to accrued �n�erest and late charges, �ii} all ather sums �hen
<br /> secured h�reby, and �iii� �he remainder, if any, to the persan vr persans legal�y entitle�th�reto.
<br /> �cf Trustee may in the manner pr�vided by law pastpone sale a�f a�l or any portion af the Property.
<br /> Remedies Not Exclusiv�. Trustee an� Lender, and each af th�m, shal! b� entitled to enfarce paymen� and
<br /> perfvrmance ❑f any indebtedness or o�ligations secured by this Deed of Trust and to exercise al! rights and powers
<br /> under fihis Deed of Trust, under the Ntite, under any ❑f the R�lated ❑ocuments, or under any��her agreem�nfi or
<br /> any [aws nvw or hereafter in for��; notwithstanding, some ar aIl o�such indebt�dness and obligativns secured by
<br /> this ❑eed of Trust may n�w ar herea�ter be atherwise secured, whether by morfi�age, deed vf trust, pledge, lien,
<br /> ass�gnm�nt or otherwise, Neither the accepfiance of this Deed af Trust nor �ts en�arcement, whe�her hy Gaur�
<br /> ac�ian or pursuant tv the pow�r of sale �r ather pow�r� c�ntained in this ❑eed of Tru��, �hal1 pr�judic� or in any
<br /> manner affect Trustee's �r Lend�r's right fio realize upvn or enforce any vther se�urity now or hereafter held by
<br /> Truste�or Lender� it being agreed that Trustee and Lender� and each af them, sha�l be en�itled to enforce this Deed
<br /> of Trust and any other s�curity n�w or her�a�ter heid by Lender ar Trustee in such order and manner as �hey or
<br /> either �f them may in their absolu�e dis�retion de�ermine. No remedy �onferred upvn or reserWed tfl Trustee or
<br /> Lender, is in�ended �a ba exclusive o�any other remedy in fihis Deed of Trust ar by law proWided or permittsd, but
<br /> each shaEl be cumulati�e and shall be in additian to ��ery ath�r remedy gi�en in �IlfS Deed of Trust or now or
<br /> _ hereafter exisfing at�aw ar in equifiy�r by statute. E�ery pawer or r�medy gi��n by the Note vr any nf the Re�ated
<br /> Documents to Trustee or Lender ar ta which either ❑f them may be atherwise en�itled, may be exercised,
<br /> �oncurrently ar independently, fram time t❑ time and as often as may b� deemed expedien� by Trustee �r L�nder,
<br /> and either af them may pursue inconsist�n� �-emedies. Nothin� in th�s �e�d o�f Trust shal� be construed as
<br /> prohEbiting Lender from seeking a de#iciency judgment against�he Trus�ar t�the extent such action is permitted by
<br /> faw.
<br /> Electian af Remed�es, All of Lend�r's rights and remedies wi�l be cumulatEv� and may be exercised alone or
<br /> togethe�. Ifi Lend�r d�cides �o spend man�y ar �o p�rform any o�Trustor's �bligations und�r this Deed o� Trus�t,
<br /> after Trustor's �ailure to do sa, that decisian by Lender wiil nat affect Lender's right to declare Trustor in d�fault
<br /> and to�xercise Lend�r's remedies.
<br /> Request for Natice. Trustor, on �ehalf of Trustnr and Lender, hereby requ�sts that a copy ofi any Notic� of Default
<br /> and a copy of any Natice v�Sale under th�s Qeed af Trust be mailed �o them a�the addresses set �for�h in the �irst
<br /> paragraph o�F this Deed�f Trus�.
<br /> Attorneys' Fees; Expenses. If Lender ins�i�utes any suit or action ta enfvrce any of the terms �� this ❑eed ��
<br /> Trust, Lender shall be entitled to recover such sum as the court may a�judge reasonable as attorneys' �ees at tria{
<br /> and upon any appeal. Vllhether ar not any caurt acti�n is in�o�v�d, and to the exten� not prohihi�ed by law, all
<br /> reasonable �xp�nses Lender in�urs that in Lender's opini�n are necessary at any time for the pra�ection of its
<br /> interes� �r the enforcement of i�s righ�s shall become a part Qf the ind�btedn�ss payabie vn d�mand and shall bear
<br /> interest at the Nat� rate from the date�f the expenditure until repaid. Expenses ca��red by thi� paragraph include,
<br /> withou� limitation, howe�er subject t� any limits under applicabl� �aw, Lender's a�tvrneys' fees and Lend�r's legai
<br /> expenses, wheth�r or n�� th�re is a lawsuit, inGiuding a�torneys' fees and expenses fvr �ankruptcy pro�eedin�s
<br /> �including ��fiarfis�o mvdify or vacate any au�t�matic stay❑r injuncti�n�� appeals, and any anticipated p�st-judgmen�
<br /> callection ser�ices, �the cast of searching records, obtaining tit�e reporfs �including foreclosure reports�, sur�eyors'
<br /> repor�s, and appraisa� fees, �i��e insuran�e, and f�es fo� �he Trustee, to the extent permitted by appjicable law.
<br />
|