|
2� 1 ��2453
<br /> DEED �F TRLJST
<br /> ��ontinued� Pa9� �
<br /> kind. Thereaf�er, Lender may:
<br /> tay Either �n person or by agent, with or without bringing any activn or prviceeding, ar by a re�e��er
<br /> appointed t�y a court and without regard ta the adequacy of its security, enter upon and take possession
<br /> o��he Property, or any part�herev�, in its own name or in the name o�Trust�e, and do any acts which it
<br /> deems necessary or desirable to preser��the �alue, marketa�i��ty o� rentabiiity o�the Property, or part of
<br /> the Prvperty ar in�erest in the Property; increase �he income firom the Property o� p�atect the security ❑f
<br /> the Proper�y; and, wi�h �r withou� taking possession v� the P�aper�y, sue for or vthe�wise callec� the
<br /> rents, issues and profi�ts of�he Property, including those past due and unpaid, and apply �he same, less
<br /> cos�s and expenses❑f operation and �ollectivn a�torneys' fees, to any indebtedness secured by�his Deed
<br /> �f Trust, all in su�h order as Lender may de�ermine. The entering upan and taking p�ssessian of the
<br /> Prvperty, the collection of such �en�s, issues and prvfi�s, and the applica�ian thereof shall nv� �ure or
<br /> wai�e any default ar nati�e af default under this Deed of Trust or in�alida�e any act done in response to
<br /> such de�auft or pursuant�to such notice of defaul�; and, no�withstanding the continuance in possess�on��
<br /> the Property or �he c�f�ection. rec�ipt and application af rents, issu�s or profi�ts, Trus�e� or Lender sha�l
<br /> be entitied �o exercis� e�ery right pro�ided for in the Note or the Related Documents or by law upon the
<br /> occurrence of any e�ent o�default, including th� right ta exercise the power o�sal�;
<br /> �b} �ommen�e an ac�kivn tv forecivse�his Deed o�Trust as a m�rtgage, appoint a rec�i�er ar speci�ically
<br /> enfiorce any vf the�o�enants her�v�; and
<br /> �c} Deli�er to Trustee a wri�ten declaration ofi de#ault and demand#or sale and a written no�ice of default
<br /> and elec�ion to cause Trus�or's in�erest in the Prvperty ta be soid, which notice Trustee shall cause tv be
<br /> du�y filed for record in�he apprvpriate offices a#the Gounty in which the Prop�rty is Iocated; and
<br /> �d� With respe�t tv a�l or any par� af the Personal Prvperty, Lender shall ha�e all the rights and remedies
<br /> o�a secured party under�hg Nebraska Uniform Comm�rcial Code.
<br /> Fore�lasur�by Pvwer of Sale. If Lender elects to forec�ose by exercise of the Power o�Sale herein cvn�ained,
<br /> Lender shall noti�y Trustee and shall deposit with Trustee this aeed v#Trust and the Note and such receip�s
<br /> and e�idence vf expendi�ur�s made and secured by this Deed o�Trust as T�ustee may require,
<br /> �a} Upvn receipt of such nvtice from Lender, T�ustee shal� cause to be recorded, pu�lish�ed and deli�ered
<br /> �o Trustvr such Nat+ce v�F Default and Notice ❑� Saie as then required �y law and �y this Deed of Trus�.
<br /> Trustee shall, withvut demand on Trusto�, after such time as may then be required by faw and af�er
<br /> recordativn of such Notice o�F De#au�t and a�ter Nvtice vf 5ale ha��ng been g���n as required by law, sell
<br /> �he P�vperty at the time and place v� sa�e fixed by it in such Natice of 5a�e, either as a whale, or in
<br /> separate fots or parcels or it�ms as Trustee shall deem expedient, and in such order as i�may de�ermine,
<br /> at pubiic auc�ion tfl th� highest bidder for cash in law�ui money o�the United 5tates payah�e at the time
<br /> vf sale. T�ust�e shall dei���r �o such purc�aser or purchasers thereo� its good and su#fi�ient deed or
<br /> deeds con�eying the property so sald, but with�ut any co�enant or wa�ranty, express or implied. The
<br /> recita�s in such de�d o� any matters or facts sha�l be con�lusi�e praof o��he �ruth�u�ness the��o�. Any
<br /> pers�n, including without limitatian Trustor, Truste�, or Lender, may purchas� at such sale.
<br /> {b� As may be perm�tted by law, after dedu�t�ng all �osts, f�es and expenses o� Trust�e and o� this
<br /> Trust, including �osts a�e�idence o�t�t�e in �onnection with sale, Truste�shall app�y the proceeds of sale
<br /> t� payment v� {i} a1�sums expended under t�e terms of this �e�d o�Trust�r unde�the t��ms of the Nvte
<br /> nat then r�pa�d, inc�ud'€ng but not lim'rted �o accrued interest and late charges, �ii� a�l ❑ther sums �hen
<br /> se�ured heref�y, and {iiiy the remainder, if any,to�he person�r persons fegally entitfed ther�to.
<br /> �c} Trustee may in the manner pro�ided by law postpone sale of all or any pvr�ion af�he Property.
<br /> Rerr�edies Nat Exclusi�e. Trustee and Lender, and each of �hem, shall be en�i�led �o enfor�e payment and
<br /> pe�formance af any indebtedness or❑bliga�ions secured by this Deed o�Trus�and�a exercise all righ�s and pow�rs
<br /> under �h�s �]eed af Trus�, under the No�eg under any of the Related Documents, or unc�er any o�her agreement or
<br /> any laws nvw or hereaf�er in fvr�e; no�wi�hstanding, same or all v�such indebtedness and obligations secured by
<br /> this Deed af Trust may now vr hereaf�er �e otherwise secured, whethe� by mnrtga�e, deed of�rust, pledge, lien,
<br /> assignment or othe�wise. Neither �he accep�ance o� this Deed o� Trust nor its enfor�emen�, whe�her by �ourt
<br /> acti�n o� pursuant to the pvwer of sale ar vthe� pow�rs contained in this C�eed of Trust, shall prejudi�e vr in any
<br /> manner aff��t Trustee's vr Lender's right to reali�e upon vr en�orce any other seeuri�y now or hereafter held by
<br /> Trustee vr Lender, it heing agr�ed that Trustee and Lender, and�a�h o�them, sha�l be ent�t�ed ta en#orce�his Deed
<br /> ofi Trus� and any ather security n�w or hereafter hsfd by Lender ar Trustee in such �rder and manner as they or
<br /> either of them may in the�r abso�ute discretEon determine. No remedy C�nferred upan ar reser�ed to Trustee ar
<br /> Lende�, is in�ended to be exclusi�e of any �ther rem�dy �n this Deed of Trust or by law pro�ided or p�rmitted, but
<br /> each shall be �umulati�e and shall be in addi�ion tv e�ery vther remedy gi�en in this Deed of Trust or now a�
<br /> hereafter exist�ng at la►n► or in equity ar by s�a�ute. E�ery pvwer or remedy gi�en by�he Nate or any of the Rela#ed
<br /> Documents to Trustee ar Lender vr tv which either vf them may be oth�rwise en�i�led, may he exercised,
<br /> concurrentfy vr independent�y, f�am time to tim� and as o�ten as may be deemed expedient by Trus�ee or Lender,
<br /> and either of them may pursue inconsistent remedi�s. Nothing in this ❑eed of Trust sha�l be construed as
<br /> prohibi�ing Lender firom seeking a de€i�iency judgment against the Trust�r�o�he extent such act�vn is permitted hy
<br /> law. Election by Lender t� pursue any remedy �hall not excfUde pursuit ❑f any other remedy, and an election to
<br /> mal�e expenditures vr tv tak� action to perform an ❑bligativn of Trustar under this Deed of Trust, a�ter Trustorr5
<br /> fa�lure ta perfarm, shall nvt affect Lender's right to declare a default and exer�ise its r�medies.
<br /> Request for Notice. Trustor, on hehalf of Trus�or and Lender, hereby reques�s tha�a copy vf any Notice of Defau�t
<br /> and a c�py vf any No�ice of Sale under�his Deed v#Trust be mail�d �o them a�the addresses set forth in the first
<br /> paragraph o�this Deed af Trust.
<br /> Afitarneys' F�es; Expenses. If Lender insfiitutes any suit vr action to en�ar�e any n� th� terms D� �IllS Deed of
<br /> Trust, Lender shall he ent�tled ta reco�er such sum as the court may adjudge �easonab�e as attarr�eys' fees a�trial
<br /> and upan any appeal. Whether ❑r not any court a�ti�n is in�ol�ed, and to the extent not pr�hibited by �aw, all
<br /> reasonable �xpensss Lender in�urs that in �ender's ❑pinion are ne�essary at any time for the protectEan o� its
<br /> interest❑r the enforcement�f i�s righ�s shaff be�ome a parfi of the Indeb�edn�ss payable on demand and shalf b�ar
<br /> interest at�he No�e ra�e fram�he date�fi the expenditure until repaid. Expenses co�ered by�hi� paragraph in�lude,
<br /> with�ut I�mitativn, howe�er sub�ec�to any limi�s under applicable [aw, Lender's a��orneys' �ees ar�d Lender's iegal
<br /> expenses, whether or no� �here is a lawsuit, including at�arneys` fees and expenses for bankruptcy proce�dings
<br /> tincluding e�forts to madify or�aca�e any automatic stay ar injunc�ion�, appeals, and any anticipated post-judgment
<br /> coflectivn ser�ices, the Gost ❑f searching records, abtaining �itle reports �in�luding foreclosure rep�rts�, sur�eyors'
<br /> repo�ts, and appraisal fees, title insurance, and �ees �ar the Trustee, to the ext�nt permitted by applicable 1aw.
<br /> Trustvr also will pay any court cvs�s, in addition to all ather sums prv�ided by law.
<br /> Rights of Trustee. Trustee shall ha�e all of the righ�s and du�ies �f Lender as set for�h in�his sectivn.
<br /> PQWERS AND �BL�GAT�DNS �F TRUSTEE. The following pro�isions relating �o the powers and obliga�ions vf Trustee
<br /> are part��th�s Deed of Trust:
<br /> Powers of Trustee. In addition t❑ all powers af Tru��ee arising as a matter vf law, Trust�e shaff ha�e the power�o
<br /> take �the �ollowing actians with resp�c�to the Property upon�he written request of L�nder and Trus�or. �ay jnin in
<br />
|