|
2� 1 ��� 173
<br /> DEED �F TRUST
<br /> Loan No: 1�'I�9�ci2� �Cont�nued} Page 7
<br /> the Pr�p�rty or the cvllec�ian, receipt and applicafian of rents, issues ar prvfi�s, Trustee ar Lender shaf[
<br /> be entitled to exercise e�ery right pro�ided for in the Nate ar the Related Dvcuments ar by faw upan the
<br /> occurr�nce❑�any e�ent of defau�t, inc[udEng the right t❑ exercise the power of saie;
<br /> �b� Commence an actinn to fore�fase�his ❑eed vf Trust as a mortgage. appoint a receiver or specifi�af[y
<br /> enforce any af the ca�enan#s hereofi; and
<br /> {�} Def�ver�v T�ustee a written declaration ❑f de�ault and demand for sa�e and a writ�en notice of defau[t
<br /> and electian ta cause Trustor's interest in the Prvperty to be sald, whi�h noti�e Trustee sha[[ cause to be
<br /> dufy fi�ed far recvrd in the appropriate o�fices of the County�n which the Property is [ocafied; and
<br /> �d} Wi�h respect ta all ❑r any part ot the Personal Property, Lend�r sha�[ ha�e afl the rights and remedies
<br /> ❑t a secured party under th� Nebraska Uniform Commercia! Code.
<br /> ForecIosure b�y Power vf 5a�e. lf Lender elects to fvrec[ose by exercEse ��the Power�f Sale herein c�ntained,
<br /> Lender sha!! na�i�y Trustee and shall depasit with Trustee this Deed of Trust and the Nate and such rec�ipts
<br /> and e�iden�e v�expenditures ma�e and secured by this Deed o�Trust as Trustee may require.
<br /> �ay Upvn receipt❑�such nvfice from Lender� Trustee sha[E cause to be re�orded, pubEished and deli�ered
<br /> tv Trustor such Notice of Default and Notice ❑f Sale as then required by law and hy this ❑eed of Trusfi.
<br /> Trustee shall, withaut demand ❑n Trustvr, after su�h fiime as may then be required by law and after
<br /> recorda�ion af such Noti�e ❑f Default and after No#ice o� Sale ha�ing bsen gE�en as required by law. sell
<br /> the Property at the time and pfa�e ❑fi sale fixed by it in such Notice of 5aie, eith�r as a whoie, �r in
<br /> separate lots or parcels vr items as Trustee shaf[ deem expedient, and in su�h order as i� may determine,
<br /> at public auction to the highes� bidder for cash in lawful money ❑fi the Un�ted States payab[e a�the tEme
<br /> of sale. Truste� shalE deli�er �o such purchaser ❑r purchasers therevf ifis good and suf�icient deed ar
<br /> dseds Ganveying th� praperty so sold, but withaut any covenan�t vr warranty. express ❑r imp[ied. The
<br /> recitals En such deed fl�F any matters or fa�ts sha[E be cvnclusi�e proaf of#he trufihfiulness therev#. Any
<br /> person, Encluding withaut limitatian Trustor,Trustee, or Lender, may pur�hase at such sa[e.
<br /> �h} As �may be permitted by �aw, after deducting all costs, �ees and expenses n� Trustee and o� this
<br /> Trust, in�luding ��s�s vf evidence ❑f tit[e in conne�ti�n wi�h sa[e,Trustee shal! appiy the proceeds❑�sale
<br /> �❑ payment❑f �iy all sums expended under the terms❑f this Deed of Trust❑r under�he�erms of the Nnte
<br /> nvt then repaid, including but no� limEted to accrued interest and la�e charges, �ii} all v�h�r sums fihen
<br /> secu�ed he�eby, and �iii� the remainder, if any, t�the person❑r persons legally�n�it[ed thereto.
<br /> �c� Trus�tee may in the manner pra�ided by faw postpone sale❑�all ❑r any portion❑�the Proper�y.
<br /> Remedies Nat Ex�cfusEve. Trusfiee and Lender, and each of them, sha[� be entitled t❑ enforce payment and
<br /> performance o�F any indebtedness or�b�iga�ivns secured hy this Deed v�Trust and#o exercise al! rEgh�s and pawers
<br /> under this Deed of Trust, under the Nate, under any o#the Related Dacuments, vr under any ❑ther agreement or
<br /> any laws now or hereafter in force; notwi#hstanding, svme or al[ �f such indebfiedness and obligativns secured by
<br /> this De�d o�Trus� may now or hereafter be ❑therw�se s�cured, whe�her by mvrtgage, deed of trust, pledge, [ien,
<br /> assignment or otherwise. Neither the acceptance of this ❑eed of Trust nvr its �n�fvrcement, wheth�r by cvurt
<br /> actian vr pursuan�:to the power at sa�e ❑r o#her powers canfiained in th�s ❑eed af Trust, shall pre�udi�e or in any
<br /> mann�� affect Trustee`s ❑r Lender's right to realiz� upon or enforc� any other security naw or hereafter heEd by
<br /> Trustee o�Lender, it being agreed that Trus#ee and Lender, and each af them, sha[[ be entitled to enfiar�e this Deed
<br /> v�Trust and any other security now ar hereaffier he[d by Lender or Trustee in such ❑rder and manner as they ❑r
<br /> either af them may in th�i� absalute discretion determine. No remedy conferred upon or reser�ed tv Trus��e or
<br /> Lender, is intended to he �x�lusi�e v�any ❑�her remedy in this Deed o�Trus�❑r by law pro�ided ❑r permitted, bu�
<br /> each shall be cumulative and sha�l be in addi�ion to every ather remedy gi�en in this Deed of T�ust or naw ❑r
<br /> hereafter ex�sting a�law❑r in equi#y vr�y statute. Every power❑r remedy gi�en by the Nate or any❑f the Related
<br /> Documents tv Trust�e or Lender ❑r tv which either vf them may he otherwise entitl�d, may be ex�rcised�
<br /> cvncurrently vr independently, from time fi❑time and as often as may be deemed expedient by Trustee or Lender,
<br /> and either of them may pursue incvnsistent remedies. Nvfhing in this Deed v� Trust shall be �anstrued as
<br /> prohibiting Lender from se�king a deticiency judgment against the Trustor to the extent such action is permi�ted by
<br /> law. E[ection by Lender to pursu� any remedy shall no� exc�ude pursuit of any other remedy, and an elec�ion ta
<br /> make expenditures ar to take a�tion �o perform an ❑bligation of Trus�to� under this Deed ofi Trust, after Trustar's
<br /> failure to perfarm, sha11 nat a##ect Lender's right t❑ dec[are a defau[t and exercise its remedies.
<br /> Reques�for Notice. Trustor, on behalf of Trusto�-and Lende�, hereby requests that a copy o�any NotEce o�De�ault
<br /> and a copy of any Nafiice �f Sale under th�s Deed of Trust he mailed t❑th�m at the addresses set farth in the first
<br /> paragraph a�this Deed of Trust.
<br /> Attvrneys' Fees; fExpenses. I� Lender institutes any suit ❑r action to enfvrce any af �he �erms vfi this Deed vfi
<br /> Trust, Lender shall be entitied tv re�vver such sum as the court may adjudge reasonab[e as attarneys' f�es at trial
<br /> and upvn any ap�eaf. Whether or nat any cvur� action is invvl�ed, and to the extenfi not prohibited by law, al[
<br /> reasvnable expenses Lender incurs that in Lende�'s opinion are necessary at any �ime far the pratection vf its
<br /> interest ar the enforcement❑f its rights shall become a part o-F�he Endebtedness payabl� on demand and sha[[ bear
<br /> interest a�the Note ra�e from the date of the expenditure unti[ repaid. Expenses ca�ered by this paragraph incEude,
<br /> w�thout [imita�ion. howe�er subject to any limits under applicable law. Lender's attorneys' tees and Lender`s legal
<br /> expenses, vvhethe�r ar nvt �here is a lawsuit, inc[uding attorneys' �ees and expenses far bankrupfi�y proceedings
<br />
|