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2� 15�8278
<br /> DEEa DF TRUST
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<br /> �C�n#�nusd� Page 3
<br /> shouid Trustar fail tv c�mply with any of Trustor`s ahligati�ns under this Deed of Trust,Trust�e or Lender may exercise
<br /> any one or mare of the f�llawing rights and remedies:
<br /> Acceleratian Upvn Default;Additivnal Remedies. If any E�en� ❑f Default occurs as per the terms af the IVote
<br /> se�ured hereby, Lender may declare all Indebtedness secured by#his Deed af Trus�to be due and payable and
<br /> the same shall thereupon become du� and payable without an�y presentment, demand, protest vr noti�e of any
<br /> kind. Thereafter, Len�ec may:
<br /> �ay Either in person or by agent, with or withvut brir�ging any action o� proce�ding. vr by a recei�er
<br /> appoint�d by a caurt and withvut regard to the adequacy af its security, enter upon and take possession
<br /> of the PrQperty. or any part thereof. in its �wn name or in the name vf Trustee, and da any a�ts vuhi�h it
<br /> deems n�cessary�r desirable to preser�e the ►ralue, marketa�il�ty or rentabii�ty af the Prvper�y, �r part af
<br /> the Property or interest in the Prvperty; increas� the income from the Property❑r protect the security o#
<br /> the Property; and, with or withvut tak�ng possessivn vf the Praperty, sue #or or otherwise coll�ct �he
<br /> rents, issues and prvfits vf the Prvperty, includ�ng thvse past due and unpaid, and apply the same. iess
<br /> costs and expenses ofi operat�on and collection attorneys' fiees,�o any indebtedness secur�d by this Desd
<br /> of Trust, all in such order as Lender may determine. The entering upan and taking possessior� af the
<br /> Pr�perty, the collectian af such rents. issues and profits, and #he appli��ition thereof sha�� not cure or
<br /> wai�e any defaul� a� n�tiee vf default under this Deed af Trust or in�alidat� any act done in response to
<br /> such d�fault or pursuant to such notice ❑f default; and, natwithstanding the continuance in possess�an of
<br /> the Property or the cnllection, r�ceipt and applicativn of rents, issues v� profits, Trus�ee vr Lend�r shall
<br /> b� entitled tv exercise e�ery right pro�ided �For in the No�e vr the Relat�d Documents or by�aw upon the
<br /> occurrence�f any e�ent o�default, incfuding the right to exercis�the power af sal�;
<br /> (bf Cammence an actian to foreclase this Deed vf Trust as a martgage. appoint a recei�er or speci#ically
<br /> enfor�e any of the c��enants hereof; and
<br /> �c� Deli�er ta Trustee a written declaration o�default and d�mand fvr sale and a written natice af defauit
<br /> and electian to cause Trustor's inte�est in the Prv�erty to be sald, whic� natice�'rustee shai� cause ta be
<br /> duly fi#ed for record in the apprapriat�❑ffices vf the�ounty in which the Prop�rty'rs loceted; and
<br /> �d� VII'rth respect to a!�vr any part vf the Personal Prvperty, Lender shall have all th� right� and remedies
<br /> of a secured party under the Nehraska Unifvrm Cornmercial Cvde.
<br /> Fvreclosure by Pvwer of S��e. If L�nder elects to f+areciose by exercise ❑f the Pawer�f 5ale herein contained.
<br /> Lender shaff notify Trustee and shall deposit with Trustee this ❑eed of Trust and the Note and suGh rece�pts
<br /> and e�iden�e of expenditur�s made and secured by th�s ❑eed of Trust as Trustee may require.
<br /> �a} Up�n re�eipt of such notice frvm Lender, Trustee shall cause t� be recvrded, published and deli�ered
<br /> tfl Trustor such Notice of Default and Noti�e �f 5ale as then required by law and by this Deed of Trust.
<br /> Trustee sha�l, without demand an Yrustar, after such time as may thet� be required hy law and after
<br /> recordation a#such Natice of Detault and after Notice of Sale ha�ing been gi�en as r�quired by law, s�ll
<br /> the Property at the time and place Qf sale fix�d by it in such NotiGe o� Sa�e, e�ther as a whole� or in
<br /> separate lots ar parGels or items as Trustee shall deem expedient, and in such order as it may determine,
<br /> at publi� auction ta th� high�st bidder for cash in lawful mon�y v#the lJnited 5tates payable at the t�me
<br /> of sale. Trustee shall deliver tv such purchaser vr purchassrs therevf its gooti and sufficien� dsed vr
<br /> .�.��.���-�
<br /> deeds conve�ing tfie property so �ofd, bc:�t withaut any c�ver�ar�t or ►►varranty, exp�ess as��r���:�'T'�e J
<br /> recitals in such deed of any matters ❑r #acts shall be �onclusi�e proof v# the truthfulness tMereof. Any
<br /> person, including without limitation Trustor,Trustee, vr Lender, may purchase at such sale.
<br /> �by As may be permitted by law, after deducting all casts, fees and expenses of Tru�tee and ❑f this
<br /> Trust, including costs of��tdence of title in connecti�n with sale� Trustee shall apply the proceeds of sale
<br /> ta payment of ti� a!�sums expended under the tefms af this ❑eed af Trust❑r under the terms of the N�te
<br /> not then repaid, inciudin� but not limit�d t� accrued interest and �a�e charges� �ii} all other sums then
<br /> secured he�eby, and �ii�}the remaind�r, if any� to the person or persons legally entitled thereto.
<br /> {c� Trustee may in the manner pro�id�d by law p�stpvne sale of all or any p�r�i�n of the Property.
<br /> Remedies Not Exclusirre. Trustee and Lender. and each o# them, shall be entitled tv enfor�e payment and
<br /> performance of any,indebtedness or obliga#ions se�ured hy th�s �eed of T�ust and t�exercise all rights and pvwers
<br /> under this Deed af Trust, under the Note, under any of th� Related ❑ocuments, ar under any❑ther agreem�n# or
<br /> any �aws naw �r hsreafter in for�e; notwi#hstanding. same or all af such indebtedness and vbligations secured hy
<br /> this Deed of Trust may nvrrv or hereafter be othsrwise s�cured, whether by mortgage, deed �f trust� pledge. lien,
<br /> assignment or oth�rwise. Neither the acceptance of this Deed of Trust nor its en#or�ement, whether hy court
<br /> activn or pursuant t� the power of sale or ather powers �ontained in this Deed of Trust, shall prejudice or in any
<br /> manner af�e�t Trustee's or Lender's right to real�ze upon or enforc� any vther security naw or her�after held by
<br /> Trustee or Lender. it being agreed that Trust��and Lender, and each of�hem, shall he entitled to enfarce thi�Deed
<br /> of Trust and any vther security nvw or hereafter held by Lender ❑r Trustee in such order and manner as they ar
<br /> either of them may in their abso�ute discretian d�t�rmine. No remedy con#erred upan or reserved to Tru$te� vr
<br /> Lender, is intended to �e exc�usi�e of any other remedy in�his Deed of Trust vr by law proWided a� permi�ted, but
<br /> each sha�� be cumulati�e and sha�1 he in addition ta e�ery other remedy gi�en in this Deed of Trust ar now ar
<br /> hereafter existing at !aw or in equity or by statute. E�ery pvwer or remedy gi�en by the Note❑r any of the F�elated
<br /> �ocuments tv Trustee or Lend�r or to which either �f them may be otheruvise en#i#led, may be exercised,
<br /> cvncurrently vr independently. from time t❑ time and as often as may be deemed expedient by Trustee or Lender,
<br /> and either of them may pursue inconsistent r�medies. Nath{ng in this Deed of Trust shall be �onstrued as
<br /> pr�hibiting L�nder fram seeking a deficiency judgment against the Trustor t�the exten�such action is permitted hy
<br /> law.
<br /> El�ctivn of Remedies. All vf Lender's rights and remedies wiE! be cumulati�e and may be exer�ised alone or
<br /> together, If Lender decides to spend money or to perfarm any o� Trustor's �bligatians under this Deed ofi Trust,
<br /> after Trustor's failure to dv so, that decision by Lender will not affect Lend�r's right to declare T�'ustor in d�fault
<br /> and�v exercise Lender's r�medies.
<br /> Request far IVoti�e. Trustar, �n behalf of Trustar and Lender, hereby requests that a copy of any hlo�ice��Default
<br /> and a copy o#any Nvti�e of Sale under#his i]eed of Trust be mai�ed t�them at th� add�esses set f�rth in the first
<br /> paragraph vf this Deed of Trust.
<br /> Attorneys' Fees; Expens�s. If Lender institutes any suit or action to enfvrce any of th� term5 vf th�is Deed af
<br /> Trust, Lender shall be entitled to reco�er such sum as the cour�may adjudge reasonable as att�rneys' �es at trial
<br /> and upon any appeal. Whether or not any court action is in�o��ed, and ta the extent not proh�bited hy law, all
<br /> reasanable expenses Lender incurs that in Lender's opinivn are necessary at any time for the protection of its
<br /> interest or the enforcement af�ts rights shall bee�me a part o#the lndebtedness payab�e an demand a�nd shall bear
<br /> interest at the Note rate from the date of the expenditure un#il repaid. Expenses co�ered hy this paragraph �nclude,
<br /> withvut limitativn, hawe�er subject t� any limits und�r�applicable law, Lender's attorneys' fees and Lender's legal
<br /> expenses, whsther or not there is a lawsuit, including a#torneys' fees and expenses for hankruptcy proceed�ngs
<br /> tincluding �fforts tv modify�r�acate any automatic stay or injunctiany, appeals, and any anticipated post-judgment
<br /> �ollection ser�i�es, the cost of searching records. vbtaining title reports f including forec��sure reports�, sur�eyors'
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