|
2� 1 �� 1 �25
<br /> DEED �F TRUST
<br /> Loan No: 'I���931$� ���nt�t1 u�d� Page 8
<br /> �b� As may be permitted by �aw, after deduct�ng a�i costs, fees and expenses ❑f Trustee and of this
<br /> Trust, inc[ud�ng cos�s vf e�idence a�title in connec�ivn w�th saie, Trus�ee shalE app[y the proceeds of saie
<br /> to payment❑� �i� all sums expended under the terms a�f�his ❑eed of Trus#ar unde�the terms of the Nvte
<br /> nvt then repaid, including but not iimited to accrued inte�-est and [at� charges, {ii� aIE other sums then
<br /> s�cured hereby, and tiii� �he remainde�, if any, to�he pers�n or persans legally en�i�led thereta.
<br /> ��� Trust�e may in the manner pro��ded by law pasfipone sale vf aII vr any portion of the Praperty.
<br /> Remedies Not ExcIusi�e. Trustee and Lender, and each o� them, shall be entit[ed tn enfarc� paym�nt and
<br /> performance of any indebtedness or obligations secured by this Deed of Trus�and to exercise all rights and pawers
<br /> under '�his ❑eed af Trust, under the No�e, under any of the Rela�ed �ocuments, vr under any other agre�ment dr
<br /> any laws now or hereafter in force; natwi�hstandEng, some or ali o�such indebtedness and obligativns s�cured by
<br /> this Deed of Trust may now ar hereaf�er be ❑�herwise secured, whether by mort�age, deed of trus�, pledg�, lien,
<br /> assignm�nt or o�h�rwise. Neither �he acceptance a� this ❑eed o� Trus� nor its enfar�ement� wh�the�- by court
<br /> action vr pursuant t� the power �f sale ar ofiher powers cantained En this Deed of Trus�, shall prejudEce or En any
<br /> manner affect Trustee's ar Lender's right ta rea�ize upon ar en�o�-ce any o�her security now ar herea�fter held �y
<br /> Trustee ar Lender, it bsing agreed�ha�Trustee and Lender, and each o�them, sha[[ be entit�ed�o enfvrce this Deed
<br /> of Trust and any o�her securifiy naw or hereafter held by Lend�r or Trustee in such vrder and manner as they or
<br /> ei�her of them may in �heir absalute discretian determine. No remedy confe�-red upon ar res�r��d to Trustee ar
<br /> Lender, is in�end�d �� be exc�usi�� ❑f any other remedy fn#his Deed a�Trust ar by Eaw prv�ided or pe�mi��ed, but
<br /> each shall be cumulati�e and shaf[ �e in addi�ian �o e�ery ofihe� remedy gi��n in this Deed of Trust or naw ❑r
<br /> hereafter existing at iaw or in e�u�ty vr�y statut�. Ev��y power or�emedy gi�en by the Note ❑r any vf the Reia�ed
<br /> Documents �❑ Trus�ee or Lender �r to which either of fihem may be otherwise enti�[ed, may be exercised,
<br /> concurrent�y �r �ndependent�y, �rom time to time and as o�ten as may be deemed expedient by Trustee or Lender,
<br /> and e�ther v� them may pursue inconsistenfi remedies. Nothing in �his Deed o� Trus� shall be cons�rued as
<br /> prohibiting Lender fram seeking a deficiency judgment against the Trust�r�o the extent such a�tion is permi�ted by
<br /> law, Election by Lender to pursue any remedy shalf not exc[ude pursu�t ❑� any other remedy, and an electian to
<br /> make �xpenditures ar t❑ �ake act�on �o perfarm an ❑bl��ation af Trus�or under thEs Deed af Trust, after Trustvr's
<br /> faifure to per��rm, shal[ n�t affect Lender's right�o dec[are a de�ault and exe�cise its r�m�d�es.
<br /> Request for Notice. Trustor� on behalf af Trustor and Lender, hereby reques�s that a copy v�any Natice o�Defau[t
<br /> and a copy of any Notic� ❑f Sale under this De�d ❑f Trust be maiEed t� them a#the addresses s�t farth in�he first
<br /> paragraph o�this aeed o�Trus�.
<br /> Atkorn�ys' Fees, Expenses. 1� Lender ins�titut�s any sui# or actian t� enfo�ce any o# the �erms of this Deed v�
<br /> Trus#, Lender shaii be entit�ed to reco�er such sum as �he court may adjudge reas�nab�e as attorneys' tees at#rial
<br /> and upvn any appeal. Whether or not any court a�tian �s in�al�ed, and to �he ex�en� no� prohibited by law, a�I
<br /> reasonabEe expenses Lender in�urs that in Lender's opini�n are necessary at any t�me for the prv�ec�ion of Ets
<br /> interest or the enfiorcement af its righ�s shaf� become a part of the indebtedness payab�e ❑n demand and sha�� bear
<br /> interest at the Note rate�rom�he da�e of#he expenditure unti� repaid. Expenses �avered by this paragraph include,
<br /> without lim�tatian, hvwe�er subj�ct�o any �imits unde�- app�icable faw, Lender's attarneys' fees and Lender's �ega1
<br /> expenses, whether or no# there is a lawsuit, including attarneys' fees and expenses fvr bankruptcy prviceedings
<br /> {incEuding ef�orts ta modE�y or�acate any aut�ma��� stay❑r injunc�ian}� appeals, and any anticipated pvs�judgment
<br /> cal[ectEon ser�ices, the cvst o�searching re�ards, abtaining tEt�e reports tincluding forec[osure �eporfis�, sur�eyvrs'
<br /> repvrts. and appraisa� �ees, �i�ie insurance, and fees for the Trustee, #o the ex�ent permitted by applicable �aw.
<br /> Trus�tvr aiso will pay any cour�costs, in addi�ion to a[[other sums pr�vided by law.
<br /> R�gh#s of Trus#ee. Trustee shall ha�e a�� of�he rights and duties ot Lender as set forth in this sectian.
<br /> PDVtiIERS AND �BLI�ATI�NS �F TRUSTEE. The failawing pr��Esions relating #n the powers and obliga�ions ��Trustee
<br /> are part of thEs ❑e�d of Trust:
<br /> Powers vf Trustee. �n addition ta all pawers a�Truste� arising as a mafiter o�law, T�us�ee sha�l ha�e�he power to
<br /> �ake the �a!lawing actions wi�h �espect to the Property upon the written request ot Lender and Trustor: {a� jain in
<br /> pr�paring and fElEng a map ar p�at ❑f the Real Prvper�y, including �he dedicatian of streets or o�her rights �o the
<br /> pub[ic; �b} �a�n in granting any easement ar �reafiing any res�rictian an the Reai Property; and �cf �oin in any
<br /> subordEnatian❑�fl�her agreement a��ecting�his Deed v�Trust�r the interest of Lender under this Deed�f Trust.
<br /> Trustee. Trustee sha�E meefi all qualifications required for Trust�s under applicab�e �aw. fn additian to the rights
<br /> and remedies se� farth abv��, wi�h respect to a�� vr any part ❑f the Property, the Trus�ee shall ha�e the right 'ta
<br /> foreclose by notice and sa�e, and Lender shail ha�e the righ� to �orec�ase by judicial foreclosure, in either case �n
<br /> accordance with and ta the full extent pro�ided by app�icab�� iaw.
<br /> Successor Trustee. Lend�r, at Lende�-'s option, may from �ime ta time appoint a successor Trus�ee ta any Trus#ee
<br /> appointed under �his Deed a�Trus� by an inst�umen� ex�cuted and acknowledged by Lender and recorded in the
<br /> of�ice of the recarde�- ❑f HALL Caunty, S�a�e o� Nebraska. The instrumen� sha[I contain, in addit�an �o aIi othe�
<br /> matters required by sta�e �aw, �he names ofi �he �riginaE L�nder, Trustee, and Trustor, the book and �age �or
<br /> comput�r system reference} where �h�s De�d o� Trust is recorded, and the name and address af the successor
<br /> #rustee. and th� inst�ument shal[ be executed and acknawledged by ai!the beneficiaries under this Deed of Trust v�
<br /> their suc�essflrs in infierest. The suc�essor trustee, with�ut con�eyance o��he P�oper�y� sha[I suc���d to all the
<br /> tit[e, power, and du�ies con�erred upon�he Trustee in this De�d of Trust and by applicable law. This pracedure#or
<br />
|