Laserfiche WebLink
2� 1 �� 15� 1 <br /> �EEv oF TRusT <br /> {C�ntinued� Pa�e s <br /> ta Trustor such Notice vf Qe#au�t and Notice vf Sale as then �equired by law and by this Deed of Trust. <br /> Trustee shall, without demand Qn Trustar, after such time as may #h�n be required by I�w and after <br /> re�ordation ❑f su�h Notice af Default and after Notice of Sale ha�ing been gi��n as required hy law, sell <br /> the Property �t the t':m� and place of sale fixed by it in such Notic� c�f 5ale, either as a whvle. vr in <br /> separate�ots vr par�els vr items as 7'ruste�shall deem e�pedient, and in such a�rdsr as it may de#ermine, <br /> at pu�lic au�tion to the highest bidder for cash in lawful money of the United 5tates p�yable at th�time <br /> vf sale. Trustee shall deliver to such purchaser or purchasers ther�of its goad and suf�iGien# deed or <br /> deeds Gon��ying the property so sal�, but withaut any co►►enant vr warr�nty, express or implied. The <br /> recitals in such deed of any matters or facts shall be �onc�usi�e praQf ❑f the truthfulness therev�. Any <br /> person� �nc�ud�ng writhout limit�tion Trustor,T�ustee, �r Lender, may purcha�e at su�h saie. <br /> �b� As may be permitted hy law, ��ter deducting all �vsts, fees and expenses vf Trustee and of this <br /> Trust, inciuding costs vf e�idence❑f title in connectian with sale,Trustee sh�ll apply the proce�ds of sale <br /> ta payment vf �ij �II sums expended under the term�v#th�s ❑eed af Trust or under the terms vf the N�t� <br /> nat then repaid, in�iuding but n�t limited to ac�ru�d interes# and late charges, tiiy all vther sums th�n <br /> secured herehy, and �i'ri� the remainder, if any, to the persvn or persons iegally en#itled thereta. <br /> ��y Trustee may in the manner pra�ided by law pQstpvne sale❑f a!!❑r any partion of the Praperty. <br /> Remadies Not Exclusi�e. Trustee and Lender, and each Qf them, shall be entitled �o enfarce payment and <br /> perfarm�nce❑f any indebtedness or ohligativns secured k�y this Deed of Trust and to exercise all rights and powers <br /> under this De�d ❑f Trust, under the Nate� under any of the Related aacuments, ❑r under any o#her agreemen� or <br /> any laws now or here�fter in for�e; no�withstanding, same or all nf su�h indebt�dness and obligations secured �ay <br /> this Deed of Trust m�y naw or hereafter k� vtherwise secured, whether hy rmortgage, deed o�trust, pledge, lien� <br /> assignme�rt vr otherwise. Neither the accep�C�n�e of this Deed of Trust nvr its enforcement, wh�ther by court <br /> action ar pursuant tv the pawer af sale v�other powers cantain�d in #his Desd of Trust, shall prejudi�e or in any <br /> m�nner affe�t Trustee's vr Lender's right to r�ali�e upon or en�orce any ❑ther security nvw Qr hereafter he�d by <br /> Trustee or Lender,it being agreed that Trustee and Lender, and ea�h vf them, shall be entitled to en�ar�e this Deed <br /> vf Trust and any other security now or hereafter held by Lender Q�r Trustee in such order and manner as th�y or <br /> either Q� them m�y in their aasalute discretivn de�ermin�. Na remedy can�erred upon ❑r reser�ed tQ Truste� or <br /> Lgnder. is intended to be ex��usi�e �f any oth�r remedy in this C�eed a#Trust or by law► pro�id�d or p�rmitted. but <br /> each shall be cumulati�e and shail be in addition ta eu�ry other remedy gi�en in this �eed of Trust or now or <br /> her�after existing �t Isw or in equity vr�y statute. E�ery paw�r or remedy gi►►�n by the Note ar any o�the Rslat�d <br /> Documents to Trustee vr Lender or to which either of them may be otherwi�� entit�ed, may be exsrcis�d� <br /> concurrently ar independently, frvm time ta tim� and as �ften as r�tay be deem�d expedient by Truste8 vr Lender, <br /> and eith�r af them may pursue in�onsistent remedies. Nothin� in #his beed of Trust sh�ll be cvnstrued es <br /> prahibiting Lender from seeking a d�ficien�y�udgment against the T�ust�r ta the�x�ent such action is permitted ay <br /> lavr►. Election by Lender tv pursue any remedy shall not e�clude pursuit of any ather rem�dy, and an ele�tion ta <br /> make expenditures or to take action to perform an obligatian of Trustor under this Deed �f Trust, after Trustar's <br /> failure to perfvrm, shall not�ffect Lender's righ##o de�lare a default and exercise its rernedies. <br /> Requ�st�or Notice. Trustar, on behalf of Trustor and Lender, hereby reques�s that�cvpy vf any Notice❑�Default <br /> and a copy of any Notice vf Sale under this Deed of Trust be mailed to them et th� addresses set forth in#he first <br /> paragraph vfi this Deed of rrust. <br /> Attorneys' Fees; Exp�nses. If Le�de� institutes any suit t�r a�tian #v entarce any of the terms v# this Deed af <br /> Trust, L�nder sha�� be ent�tled to reca��r such sum as the caurt may adjudg� r�asonable as attorneys' fees at t�+a� <br /> and upon any appeal. Whether or nat any ��urt action is in�vl�ed, and to the extent not prohibited �y law, all <br /> re�svneble exp�nse� l�ender incurs �hat in Lender's vpinion are nec�ssary �t any time for the pra�te�tivn af i�s <br /> interest ar the enfor�ement af its rights shall �e��me a part vf the Indehtedness payab�e an dem�n� and shal�bear <br /> interest at the N�te rate from the date af the expenditure until rep�aid. Expenses cv�ered hy th�s para�raph include, <br /> without limitation. howe�er subje�t t❑ any limits under appli�able law, Lender's attorneys' tee� and Lender's leg�l <br /> expenses, wh�ther or not there is a lawsuit, including a#t�rneys' fe�s and eacpenses for bankruptcy pro�eedin�s <br /> tincluding efforts to mad;fy or�acate any autQmatic stay or injunctfony, appeals, and any an�icipated pvst-judgment <br /> callec�ion ser�i�es, the co�t of s�arching records, ❑bt�ining tit#e reports tincluding fvreclasure repartsf, sur�eyor�' <br /> reports, �nd appraisal fee�, title insurance, and fees far the Trustee, tQ the ex�ent permitted by applica�le law. <br /> Trustor als❑will pay any cou�t costs, in addition#o all�ther sums pra�ided by 18w. <br /> Right:af Tr�ta�. Trus���shall ha�e all Q�the rights and duties vf Lend�r as set fvfth in this s��tic�n. <br /> PQWERS AND�BLIGATIDNS �F TRUSTEE, The follvwing pro�isians refa#ing to the powers and obliga�+ons of T�uste� <br /> are pa�t❑f this De�d vf Trust: <br /> Powers o�Yrustee. In additivn to all pawers af 7�rustee a�ising as a matter of law,Trustee sha�l ha►►e the pvvv�r to <br /> take#he f�llvwing a��ions with resp�ct to th� Prvperty upvn the written request of Lender and Trustnr: �ay jvin in <br /> preparing and filing e map or plat of th� Real Prap�rty� including the dedicetivn o# streets vr ather rights to the <br /> puhlic; {bf join in gr�niing any easement Qr creating any rsstriction on the Rea� Property; and ��� join in any <br /> subor�lination a�r vther agreement affecting this ��ed of Trus#or the tnterest of Lender under this Deed�f Trust. <br /> Truste�. Truste� shall mee� all qualificativ�n� required for Trustee under applEG�ble law. In additian tQ the rights <br /> and remedie� set forth abo�e, with r�spect ta all or any pert ❑f the P�vp��ty, the Trustee sha�l ha�e the right tv <br /> far�close by notice and sale, and L�nder sh�ll ha�e the right to fare�lose by judicial for�ciosure� in either case in <br /> accord�nce with and to th�fu�l extent pro�ided by applicable I�w. <br /> Succ�ssor Trustee. Lender, at Lender's option, may frvrn time t�time appoin#a suGcessar Trustee to any Trustee <br /> appointed un�er this D�ed ❑f Trust ay en instrument executed and acknvwledged �y Lender �nd re�orded in the <br /> offi�e ❑f the recorder af Hall County, State vf Nebraska. Th� instrument shal� �ontain, in �d�ition to all ather <br /> matters required t�y s�ate law. the names of the vrigina! Lender, T�ustes� and Trus#nr, the �uvk and pa�e �vr <br /> computer system r�ference) �rvher� this ❑e�d �f Trust is recorded, and the name and address af the successor <br /> trustee, �nd th� instrument shai�be exe�ute� and aeknowledged by a11 the beneficiaries under this ❑eed of Trust❑r <br /> their suc�essors in interest. The succgssor trustee, without con�eyance ❑f the Property, shall succeed t❑ all the <br /> t+t1�, pvwer, and duties conferred upon�he Trustee in this C]��d of Trust and by applicabl� law. This pr��edure for <br /> substitution vf Truste�sha�l go�ern ta the exclusivn vf all�ther pro�isions far subsritutian. <br /> N�TI�ES. Any na�tice required tv be gi��n under this Deed o#Trust, including withvut limi#ation any nvtice ❑f de#au�t <br /> and any natice af sale sh�ll be gi�sn in wr�ting, and shall be effecti�e when actually de�ivered, when a�tually re�ei►►ed <br /> by tslefacsimi�e tunless otherwi�e requ�red by lawf, when deposited with a nativnally recagni�ed o�ernight�vurisr, or� if <br /> mailed, when dgposited in th� United �ta�es mail, as�irst class, certified or regist�red mail �astag� prepaid, direct�d tv <br /> the addresses shown near the beginning of this Deed ot Trust. All cop+es of notic�s of fQreclosure fr�m the holder af <br /> any lien which has priority o�er this Deed of Trust shall be sent t❑ Lend�r's address, as shown near the beginning of <br /> this Deed of Trust. Any party may chang� its address f�r notices under this ❑eed vf 1'rust by gi�ing f�rmal written <br /> noti�e tv th� vth�r parties, �pecify�n� that the purpose of the natice is #o �hange the party's address. Far natice <br /> purpvses, Trustor agrees to keep Lender informed at a�l times of Trust�r's current�ddr�ss. Unless otherwise pro�ided <br /> or required k�y I�w. if ther� is more��han c�ne Trustvr. any nv#ice gi��n by Lender tv any Trustvr is deemed t❑he notice <br /> gi�en to al!Trustors. <br /> M15CELLANE�US�RQV151�N5. The folfowing miscellaneous prv�isions are a part of this ❑eed of Trust: <br />