|
2� 1 ��3229
<br /> DEEC� �F TI�UST
<br /> Loan Nva 101��5511 ���t1t��ued� F�age �
<br /> �the same shall thereupon become due and payabl�: wi�hout any presentment, demand, prv�est or notice o�F any
<br /> kind. Thereafi�er, Lender may:
<br /> 4ay Either in person ar by agen�, with or withaut bringing any ac�ion or pr�ceeding, or by a recei�er
<br /> app�inted by a caur� and withou� regard�to the ade�ua�y of its security, en�er upan and take possesst�n
<br /> af the Property, vr any part there��, in its �wn name ar€n the name o�Trustee, and do any ac�s which it
<br /> deems necessary or desirable�a preserve th� �a�ue, marketability ar rentability of th� P�-aper�y, or par�af
<br /> the Property ar interest in the Property; increase �he income �From the Proper�y or pratect the security of
<br /> �the Praperty; and. with ar without taki�t�g poss�ssion o� fihe Property, sue �Far ar otherwise coilect �he
<br /> rents, issues and profi�s o�F �h� Propert�r, including thase past due and unpaid, and apply �he same, less
<br /> c�sts and expens�s af�peration and cai�e�tivn attorneys' fiees, to any inds�tedness secured by this Deed
<br /> af Trus�, al[ in su�h ord�r as Lender rr�ay determine. The entering upon and taking poss�ssi�n of the
<br /> Property, the collecti�n vf such rents, �ssu�s and prafits, and the application thereof shall not cure or
<br /> waive any defaulfi o� notice af de�ault under this De�d of Trus�ar invalidate any ac� done in respvnse �o
<br /> such defau[�o�pursuant t� su�h nati�e af default; and, natwi�hstanding the �antinuance in possessivn of
<br /> the Proper�y or �khe cvllection, receip� and application af rents, issues �r p�ofits, Trustee vr Lender shafi
<br /> be ent�tled �ko exercise eWery right provid�d �nr in the Nate or fihe Related Dacuments or by Eaw upon the
<br /> occurrenc�of any e�ent o�f d�faul�, including�he right to exercise the pawer flf sale;
<br /> tb} �ommence an action�o fiorec�ose�I��s Deed o�Trust as a mor�gage, appaint a receiver ar specifical�y
<br /> enfarce any af the ca�enants hereo�F; and
<br /> 4c� Deli�er fiv Trustee a writ��n declaration of ds�Fau�t and demand for sa[e and a written n�tice af de�auEt
<br /> and elec�ion to �aus�Trustor's int�rest�n the Prvperty to be svld, which nott�e Trustee shall �ause to be
<br /> duly filed �For record in the appropriate o��ic�s af the Caunty in whi�h th� Pr�perty is Ivca�ed; and
<br /> �d� With respe�t to all or any part vf�he Persona! Prap�rty. Lender shail haWe all the rights and remedies
<br /> of a secured parfiy under the NeE�raska Unifvrm �ommercial Code.
<br /> Far��losure by Power of 5afe, If Lender ele�ts to fareclose by exercise af�the Power of 5ale herein contained,
<br /> Lender shall no�ify Trust�e and sha�l deposit with Trustee th�s fleed ❑f Trust and the Nate and such receipts
<br /> and �vidence af expenditures mad�and secur�d by th�s Deed❑f Trust as Trustee may require.
<br /> �ay LJpan �eceipt of such notice from Le�d�r, Trustee shall �ause�a be recorded, published and deli�ered
<br /> to Trustor such Not�ce af ❑efault and Natice of Sale as then require� by law and by this Deed �f Trus�e
<br /> Trustee shal�, w��hout demand on Trustor, after such time as may th�n be requir�d by law and a�ter
<br /> recordatian �f such Notice �f aefault and after Notice �f 5a�e ha�ing be�n gi�en as r��uired by law, se[E
<br /> the Pr�per�y at the �ime and pla�e af sale fixed by it in su�h Natice ❑f 5al�, either as a whole, ar in
<br /> separate lats ar par�els ar items as Trustee shall deem expedient, and in such order as it may de�ermine,
<br /> at public aucfiion to the highest bidder far cash in �awful money af the United 5�ates payable at�h� time
<br /> of sal�. Trust�� shall deli�er �o such purchaser or purchasers thereof ifs good and suf�Ecient deed ❑r
<br /> deeds c�nveying the praperty so sold, but without any cov�nan� ar warran�y, express vr impl�ed. The
<br /> recitals in such deed �f any matters or fac�s shail be conclusi�e pr�of ��the truthfulness thereof. Any
<br /> persan, inc�uding wi�h�u�limitation Trustor,Trustee, �� Lender. may purchas� at such sa�ee
<br /> {b} As may b� pe�-mit�ed hy law, af�ter declucting all costs, ���s and expenses of Trustee and of this
<br /> Trust, including costs o�r evid�nce o�titf� in connection with sale,Trustee shall apply the praceeds of sale
<br /> ta payment nf �iy all sums expended under the terms of this Deed of Trus��r under the �erms of�he Note
<br /> not then repaid, including but not limit�cl to accrued interest and iate charges, �ii} all other sums then
<br /> s�cured hereby, and {iii} the remainder, i�any, to�he persan or persans legally entitl�d thereto.
<br /> �c� Trust�e may in#he manner provided �y law pastp�ne sale af all or any pvr�ion of the Property.
<br /> Remed�es lVot Exclusi�e. Trus�tee and Lender, and each of them, shali be entitfed tv enforc� payment and
<br /> perfarmance of any indebtedness or�bligati�ns secured by�his Deed of Trus�and to exer�ise aIl r�gh�s and powers
<br /> under fihis Deed vf Trust, und�r the Note, under any of the Related Dticumenfis, vr under any other a�reemen� ar
<br /> any la�s naw �r hereafter in forcef no�wi�hstanding, some vr ail of such indebtedness and ohligati�ns secured by
<br /> this aeed of Trus� may n�w or hereafter be v�kherwis� secured, whethe� by mortgage, deed af trust, pEedge, Iien,
<br /> assignmen� ar otherwise. Neifiher �he acc�ptance vf this D��d �� Trust nor its �nfn�-cemsnt, whether by c�urt
<br /> activn or pursuant to the p�w�r ��saEe or other powers cnn�ained in this i�eed af Trust, shall prejudice or in any
<br /> manner affec� Truste�'s or Lende�'s right t� realize upon ar enforce any other security naw or hereafter hefd by
<br /> Trustee or Lender, it being agreed�ha�Trustee an�l Lender, and each o�them, shal� be en���tled ta enf�rce this Deed
<br /> of Trust and any o�her secur�ty now or hereaft�r he�d by Lender vr Trustee in such ard�r and manner as they ar
<br /> either of them may in their abso�ute discretion de�ermine. N❑ remedy con#erred up�n or reserved �o Trusfee �r
<br /> Lender, is intended �o be exclusi�e of any o�her remedy in this Deed of Trust or by law pravided or permi�ted, but
<br /> each shall be cumula�i�e and shall be in addition �o every other remedy given in this Deed af Trus�k ar now or
<br /> hereaf�er exis�ing at law or in equity ar by statu�e. E�ery power Qr remedy giWen by the Nate or any v�the Related
<br /> Do�uments to Trustee or Lender ar �o whi�h ei�her afi them may be �therwise entEtlsd, may be exer�ised,
<br /> cancurren�ly or independently, �r�m �ime to t�me and as ❑ften as may be deemed expedient by Trus�ee or Lender,
<br /> and either Q� them may pursue in�ansisten� �-em�dies. No�hing in this Deed �f Trust shall be constru�d as
<br /> prohihiting Lender from seeking a deficEency judgment againsfi the Trustor to�he exten�such action is p�rmitted by
<br />
|