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��15�1343
<br /> � L7EED �F T'RU�T
<br /> Loan lVo; �D'i�83�94 ���rlt��lu�d� Page 7
<br /> be entitled to exercise every righ� pra�ided f�r in the Note ❑r th� Refated Da�uments or by iaw upon th�
<br /> occurrence af any event v�default, includin�th� right�o exercis�the povtirer of saie;
<br /> {b� �ammence an ac�E�n to foreciose this Qsed �f Trust as a mortgage, appoint a receiver�r specifical�y
<br /> en�arce any of�he co�enants hereofi; and
<br /> �c� De�iW�r ta Trus�ee a writt�n declaratian o�defau�t and demand for sale �nd a written notice of d�fault
<br /> and ele��ion to cause Trusto�'s in�erest in the Property�❑ be st�ld, which noti��Trus�ee shail cause�� be
<br /> duly filed�vr record in�he appropriate offices o�the County in whi�h the P�operty is lo�a�ed; and
<br /> �d7 Wi�h r�spe�t to a�l ar any part af th� P�rsonal Prop�rty, L�nder shall have all the rights and remedies
<br /> of a se�ured par�y under the Nebraska Uni�arm Commerciaf C�de.
<br /> Foreclvsure by Power of 5ale. l�Lender ele��s to forecE�se by exercise of the Povuer vf Sa1e her�in con�ained,
<br /> Lender shaIl notify Trustee and sha�l deposi� with Trustee this De�d of Trust and th� No�e and such receip�s
<br /> and evid�nce�f expenditures made and secured by this Deed of Trust as Trustee may require,
<br /> �ay lJpon receipt o�F su�h n�tice from L�nder, Trustee shall cause ta be recorde�l, publish�d and deii�ered
<br /> ta Trustor such Natice o� Defau�t and Notice of Sale as then r�quired by law and hy�his Deed of Trust.
<br /> Trus�ee shall, without demand an Trustar, after such t�me as may then he r��u�red by law and af�er
<br /> r�carda�ion �f such N��ice of De�Fault and a��er Notice of Sale ha�ing been giWen as required by law, sel�
<br /> the Property at the tim� and place of sale fix�d by it in such Notice of Sale, ei�her as a wha�e, or in
<br /> separat� la�s ar parcels or i��ms as Trustee shall deem expedient, anc� in such �rder as it may de�ermin�,
<br /> at pub�ic auction to the highes� bidder for �ash in lawfu� money of�h� United S�ates payable a��he time
<br /> o� sals. Trustse sha1� deli�er �o such purchaser ❑r purchasers thereof i�s go�d and suffici�nt deed or
<br /> deeds canv�ying �he praperty so sold, but without any Govenant or warranty, express or impl�ed. The
<br /> re�ita�s in such deed of any matters or fa�ts shall be canGlusi�e proaf �f �he truth�uEness thereof. Any
<br /> person, including withaut limita�ion Trus�or,Trust�e, or Lender, may purchase at such sale.
<br /> �b� As may be permi�ted by law, after deducting all cos�s, fees and expenses of Trus�ee and of this
<br /> Trust, including cas�s of�vid�nce o�title in connec�i�n with sa��,Trust�e shall apply�he pr�ceeds of sale
<br /> to payment of {i} all sums expended under the terms af�his D�ed ofr Trust or under the�erms a�the Note
<br /> not then repa�d, including but not limited �o accrued interest and late charges, �iiy a�l other sums then
<br /> secured hereby, and {iii� the remainder, if any,to the person�r persons legal�y entitled there�o,
<br /> �c� Trustee may in�he manner provided by law postpane sal� ofi a[I or any portion af the Proper�y,
<br /> Remed�es Not Exclusi�e. Trus�ee and L�nder, and each of them, shall be entitled �ko enforce payment and
<br /> performance af any indebtedness or❑b�igatiflns secured by this Deed of Trusfi and �o exercise alI righ#s and pow��s
<br /> under this Deed ❑� Trust, under t�e Na�e, under any of the Related Documents, or under any ather agreement or
<br /> any laws naw nr her�after in �orce; natv►riths�anding, some or all of such indebtedness and o�l�gatians secured by
<br /> this ❑eed of Trust may now or hereafter be o�hervvise secured, wh�ther by mortgage, deed of firust, piedge; Eien,
<br /> assignm�n� ar otherwise. Nei�her the acceptance of �his Deed o�F Trust nvr its en�orcement, wh�ther by c�urt
<br /> ac�ion or pursuan�to the pawer of sale ar other powers contained in this Deed o�Trust, shall prejudice or in any
<br /> manner affec� Trust��'s or Lender's righ� to realize upon Qr �nfor�e any flther secur�ty naw or h�reaf�er held by
<br /> Trustee or Lender, it being agreed tha�Trustee and Lend�r, and each of them, shail he enti�l�d�o�nfo�ce�his aeed
<br /> o�Trust and any o�her security now or herea#�er hefd by Lender or Truste� �n such Qrder and manner as �hey or
<br /> either o� them may in �heir absolut� discretion d�termine. Na remedy conferrecl upon ar reserved to Trustee ar
<br /> Lender, is intended to b� exclusive of any other remedy in �his Deed of Trus� or by law pro�ided �r permitted, bu�
<br /> each sha�l be cumula�iv� and shall be in addi�E�n to e�ery a�her remedy gi�en in this Deed af Trust or now or
<br /> hereaf�er ex"rsting at law ar in equity or by statute. E�ery p�wer or r�medy given �y the Not�or any a��he Rela�ed
<br /> Documen�s �o Trus�ee �r Lender ar to which ei�her of them may �e atherwise entitled, may be ex�rcised,
<br /> con�urren�fy Q� independen�iy, f��m time to time and as o��en as may be d�emed expedient �y Trusfiee or Lender,
<br /> an� either of them may pursue inconsistent remedies. N�thing in this Deed of Trust shail be cons�rued as
<br /> pr�hibiting Lend�r fram seeking a deficiency juclgment a�ainst the Trustvr to the extent such a�tion is permitted by
<br /> law.
<br /> Eiectivn of Rerned�es. All o� Lender's rights and remedies will be cumu�ative and may b� exerGised alone or
<br /> toge�rher, If Lender d�cides t� spend mvney ar ta per�orm any of Trustor's o�liga�ions under th9s Deed of Trus�,
<br /> after Trus�ar's �ailure �o do so, �ha� decision �y Lender w�lf not affec� Lender's righ�to declare Trustar in de#ault
<br /> and to exercise L�nder's remedies.
<br /> Request for Noti�e. Trus�or, on behalf of Trustor and Lender, hereby requests that a copy af any N��ice o� ❑�fault
<br /> and a capy of any Notice ��Safe under�his C�eed of Trus� b� mailed to them at the addresses se�forth in the �irst
<br /> paragraph af this Deed o�Trust,
<br /> A�t�orneys' Fees: Expenses. ff Lender institu��s any suit or action �o enforce any �f th� ��rms of this De�d �f
<br /> Trust, Lender shal[ be entitled �o reco�er su�h sum as�he c�urt may adjudge reas�nab�e as attorneys' fees at�r�al
<br /> and upon any appeal. Whether or not any cour� a��ivn is inv�l�ed, and ta th� �xten� not prahibited �y law, al!
<br /> reasonable expenses Lender in�urs �hat irt Lend�r's vpinion are necessary at any time for �he prolec�lian of its
<br /> in�erest ar the enfarcement o� its righ�s sha�l became a part o�F�he Indebtedness payable on demand and shall bear
<br /> in�teres�c a��rhe No�e rate fram the date of the expenditur� un�il repaid. Expenses co�ered by this paragraph �nc�ude,
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