|
2� 1 ��� 152
<br /> DEEa �F TRUST
<br /> tC�ntinu�d� Page 6
<br /> the a�count, transfer of ti�le or sale of �he dwef�ing, �r�a�ion of a senior lien on the dwelling without Lender's
<br /> permission,foreclasure by the ha�der o�another lien, or�h�use af funds or the dwe�ling for p�ahibited purposes.
<br /> RfGHTS AND REMEDIES �N QEFAl1LT, If an Even�of De�au�t occurs under this Deed o�Trust, at any time�hereafter,
<br /> Trustee a��ender may exe�cise any one or mare of th�fal�owing righ�s and remedies:
<br /> Ac�elQra#ian Llpon ❑efault; Additivnal Remedies. If any E�ent of❑efault❑c�urs as pe�the terms❑f the Credit
<br /> Agreement s�cur�d hereby, �ender may declare all lndebtedness secured by this Deed o�Trust tv b�due and
<br /> payabie and the same sha(I thereupan �ecome due and paya�Ie without any presentmen�, demand, protes�o�
<br /> notice of any kind. Thereafter, Lender may:
<br /> �a} Either in person or by agent, w�th o� wi�haut bringing any action o� p�a�eeding, or by a recei�er
<br /> appointed by a court and withou�regard to the adequacy��its security, enter upan and ta�� possessian
<br /> of�he Prope�ty, or any part there�f, in its ovvn name or in the name of Trustee, and da any acts which it
<br /> deems necessary ar desirable to preserve the value, marketabili�y or rentabi�ity af the Proper�y, or par�of
<br /> the Praperty or in�erest in the Property; incr�ase the income f�am the Property or protect the s�curi�y o�
<br /> the Property; and, with ❑r without taking p�ssession of �he Praperty, sue for or ❑then�vise collect the
<br /> rents, issues and prafits o��he Proper�y, including thase past due and unpaid, and appiy �he same, iess
<br /> costs and expenses o�opera#ion and collectian attarneys'fees,to any indebtedness secur�d by this De�d
<br /> of Trust, afl in such Qrder as Lender may determine. The entering upon and tak�ng passessian of the
<br /> P�oper�y, �he col�e�tion of such rents, IS5U�5 and profits, and �he appficat�an thereof sha[I not cure ❑r
<br /> waive any defauit o�notice of defau€�under this Deed of Trus�or�nvalidate any ac�dvne in r�spanse�o
<br /> such default o�pursuant to such not�c�o�de�aul�; and, na�withstanding the cont�nuance in possession o�
<br /> the Prape�ty or the callectian, receip� and applicatian of�ents, �ssues or profits, Trustee or Lender shal[
<br /> be entit��d �o exer�ise e�ery righ�pro��ded for in #he Cr�di�Agreement or the Reia�ed Da�uments or by
<br /> faw upon the o�currence of any event of default, including the right ta exerc�s�the pawer of sale;
<br /> �b} Commence an ac�ion t�forec�ase this Deed o�Trus�as a mortgage, appoint a recei�er or spe�ifically
<br /> �nforce any of the covenants hereof; and
<br /> (c} ae[iver ta T�ustee a wr�tten declaration af defaul�and demand far sale and a written notice of d�fau[t
<br /> and elec�ion to cause Trustor's interest in �he Praperty to be sold,which notice Trustee sha�l cause to be
<br /> dufy filed for record in the apprap�iate o�fices of the Caunty in which �he Proper�y is�oca�ed; and
<br /> (d} Vllith respect to a!� or any part of the Persanal Property, Lender shall have a�l th� rights and �emed�es
<br /> af a secur�d party und�r the Nebraska Uniforrn Commercial Code.
<br /> Fvreciosure by Power of Sale. If Lender e[ec�s�o foreclase by exercise o�the Power of Sale he�ein contained,
<br /> Lender shall no�ify Trustee and sha11 deposit w��h Trustee this Deed o�Trust and th� �redit Ag�eement and
<br /> such receipts and e�idence of expenditures made and secured by this Deed of Trus�as Trus�ee may require.
<br /> �a} Upon receipt af such notice frQm Lender, Trustee shafl cause to be recorded, published and defi�ered
<br /> fio Trustor such Nflt�c� of Default and Not�ce of Sale as then required by law and by�his Deed o�Trust.
<br /> Trustee shall, withau� demand on Trustor, af�er such time as may then be required by law and after
<br /> recorda�i�n of such Notice af❑efauit and after Notice of Sale having been gi�en as required by law, sel[
<br /> the Property at �he time and place of sale fixed hy it in such Notice o� Sa�e, e�ther as a whole, or �n
<br /> separate l�ts o�parcels or i�ems as Trustee shal!deem exped�ent, and in such order as it may determine,
<br /> at public auction �a the highest bidder fo�cash in lawful maney❑f�he United States payab�e at the time
<br /> of sale. Trustee shall de[iver to such pur�haser or purchasers thereaf its good and sufficient deed or
<br /> de�ds eonveying the proper�y so safd, but withflut any co�enan� or wa�ranty, express or implied. The
<br /> r�cita�s in such de�d of any matters or fac�s shall be conc[usive p�oof af�he truth�ulness thereof. Any
<br /> person, including withou�fimitation Trus�or,Trustee, or Lender, may purchase at such sale.
<br /> �b} As may be permitted by law, after dedu�ting al! costs, �ees and expenses of Trustee and of �his
<br /> T�us�, includ�ng costs of evEdence of�i�Ie�n connec�ian with sale,T�ust�e sha[1 apply the p�oceeds of sale
<br /> �o payment of �i} all sums expended und�r�he terms ❑f this Deed of Trust or under the terms �f the
<br /> Credit Agreemen# not then repaid, including but not lim�ted �o accrued �n�eres� and late charges, �ii} all
<br /> other sums then secured hereby, and �iii} the r�mainder, if any, to the persan or persons legally entitfed
<br /> thereta.
<br /> �c} Trus�ee may in�he manner pro�ided by law postpane sa�e of all or any portion of the Praperty.
<br /> Remedies N�� Ex�[usive. Trustee and Lender, and ea�h of �hem, shall be enti�led to enforce payment and
<br /> perFormance of any ind�b�edness or obligations secured by�his Deed o�Trust and�o exercise alf righ�s and powers
<br /> under �his ❑eed af Trust, under the Credit Ag��emen�, under�any o�the Related Documen�s, or under any other
<br /> agreement ar any laws now or hereafter in farce; notwi�hs�anding, som� ❑� afl of such indeb�edness and
<br /> ob�igations secured by this fleed of Trust may now ar hereafter be othennris�secured,whether by mo�tgage, deed
<br /> o��rus�, pledge, lien, assignment ar o�henrvise. Nei�her the acceptance ❑f this Deed af Trust nor its enfo�cement,
<br /> whether by caurt action or pursuant to �he power o�sale ar o�h�r pow�rs contained �n �his Deed of Trust, shail
<br /> pre�udice or in any manner a�fect Trustee's o� Lender's right to realize upon or enforce any ather security now or
<br /> hereafter heid by Trus#ee or Lender, it being agreed that Trust�e and Lender, and each o�them, shail he entitled to
<br /> enforce th�s Deed ❑f Trus� and any other secu�i�y naw or hereaffer held �y Lender or Trustee in such o�der and
<br />
|