|
2� 1 ��7781
<br /> DEED C]F TRUST
<br /> L�an No: ��1��[�'I�1 ��C�ntinu�d� F'age S
<br /> Qf sale. Trustee shali deli�er t� such purchaser or �urchasers ther�flf its gaod and sufficient deed a�
<br /> de�ds can�eying rhe pra�erty s� sold, �ut wi#hout any cc��enant ❑r warranty, expres� ❑r imp�ied, The
<br /> recitals in su�h deed of any matters or fac�s shall be �vnc�usi�e praof ❑� th� truth�ulness thereaf. Any
<br /> person, including with�ut limitation Trustor, Trustee, vr Lender, rnay purchase at such sale.
<br /> �b� As may �e permitted by law, after deducting all casts, f�es and ex��nSes af Trustee and of this
<br /> Trust, in�luding �asts vf��idenGe o�title in connection vvith sa�e, Trust�e Shal� apply th� praceeds of sale
<br /> ta �aym�nt o� �i} all sums expended under#he terms of this C3eed of Trust Q� under the terms�f the Note
<br /> not then repa�d, including but not limited ro accrued interest and late charges, 4ii� all �ther sums then
<br /> seGured hereby, and �iii� the remainder, if any, to Che persan or persan� legaily�ntitled ther�to.
<br /> �c� Trustee may in�he manner pro�ided by la� postpvne sale Qf��1 ❑r any �ortion nf the �'raperty.
<br /> Remedies Nvt ExGlusi�e. Truste� and Lender, and each o# them, shall be en�itled t❑ en�orce payment and
<br /> per�vrman�e of any inde�tedness ar❑bligatians secured by this Deed of Trust and t❑exercise al� rights and �owers
<br /> under this ❑�ed of Trust, under th� Nate, under any a# Yhe R�Fated Do�uments, ❑r under any othe� agreement �r
<br /> any laws nvw or hereafter in force; na�withstanding, some ar all of such ind�htedn�ss and ❑b��c�atians secur�d by
<br /> this Deed t�f Trust may naw ar herea�Fter be atherwise s�cured, wheth�r by mvr�gage, deed of trust, pledge, iien,
<br /> assignment �r otherwis�. Neither the acceptance ❑f this �eed o# Trust nar its enforcement, whether by court
<br /> action or pursuant t❑ the power of sa�e or other po►�vers contained in �his ❑e�d crf Trust, shall prejudice or in any
<br /> mann�� affect Trustee's or Lend�r's righ� t❑ realize upan or enfarce any ather security now ar h�reafter held by
<br /> Trus�e� or Lender, it b�ing agr�ed that Trustee and Lender, and each of�hem, shall b� entitled t� enforce thi� I7eed
<br /> of Trust and any other security nvw or hereafter held by Lender ❑r Trustee in such ard�r and manner as they or
<br /> either �f them may in their absofute discreti�n det�rmine. N� remedy conferr�d up�n or reser�ed to Truste� or
<br /> Lender, is int�nded to be exclusive of any ather remedy in this ❑eed ❑f T�ust or by law pro�ided ❑r permitted, �ut
<br /> each �hall be c�mulati�e and shall be in addition �a e�ery other remedy gi�en in this Deed of Trust ar now or
<br /> her�aft�r existing at law or in equity ar by statute. E�ery power or remedy gi�en b� the N�t� ar any of th� Related
<br /> Dv�uments to Trustee or Lend�r or to wh�ch e�ther a� them may b� vtherwise entjtled, may be exercised,
<br /> �oncurrently or independently, from time t� ttme and as otten as may b� deemed expedient by Trustee ar L�nder,
<br /> and either of th�m may pursue incansistent remedies. Nothing in this Deed af Trust sha�l b� cvnstrued as
<br /> prahibiting Lender from se�king a deficiency judc�ment against rhe Trustar t❑ th� extent such aGxion is perm��ted by
<br /> law. Ele�tivn by L�nder ta pursue any rem�dy shall nat exclude pursuit of any v�her remedy, and an electfon to
<br /> make expenditur�s or ta take action to per��rm an ��li�ati�n of Trustar under this Deed af Trust, after Trustor's
<br /> failur�to p�rfvrm, shafl not affect Lender's �ight to declare a default and exercise �ts remed�es.
<br /> Request f�r Nca�iCe. Trustar, ❑n b�half��F Trustor �nd Lender, hereby requests that a capy of any Notice af Detault
<br /> and a capy af any Nvti�e af Sale uncl�r this ��ed ❑f Trust be mailed t❑ �hem at the addresses set farth in the first
<br /> para�raph �f this Deed c��Trust.
<br /> Attorneys' Fees; Expenses. If Lender institutes any suit or a�tion to enfvree any Qf the terms ❑f this D��d af
<br /> Trus�, Lender �hall be enti�led ta r�co��r su�h sum as the caurt may adju�ge reasonable as attorneys' fees a� trial
<br /> and upon any app�al. Whether or not any �our� actian is in�ol�ed, and ta the e�tent not prQhibited by Eaw, all
<br /> reas�nabl� expenses Lender incurs that in Lender's �pinian are nece�sary at any time fnr the p�otection ❑f its
<br /> interest❑r the enforcement vf its ri�hts shall bec�me a �art of the (ndebtedness payable on demand and shall bear
<br /> interest at the Nvte rate frcam �he date ❑f the expenditure until repaid. E�penses co�ered by th�s paragraph include,
<br /> without I�mitatian, howe�er subje�t to gny limits under applicahie law, L�nder's att�rney�' fees �nd Lender's legal
<br /> expenses, whether or not there is a lawsuit, in�luding attarneys' fees and expenses for bankruptcy prnceedings
<br /> �including effiorts ta modify or�acate any automatic stay ar injunction�, appeals, and any anticipated past-jud�ment
<br /> c�llection ser���es, the cvst of searching records, obta+ning ti�le reports �includin� fareclosure rep�rtsy, sur�ey�rs'
<br /> re�orts, and appraisai fee�, title insurance, and �ees fvr the Trustee, tv the extent permitted by appliGahle law.
<br /> Trustor also will pay any caurt cvsts, in additivn t❑ aE!�th�r sums pra�ided by law.
<br /> Righ#s of Trustee. Trustee shall ha�e all ❑f the rights and duties af Lend�r as set farth in this section.
<br /> P�VIIERS AND �BL�GATI�NS �F TRU�TEE. The foliowing pro�isiQns relat�ng ta the pvw�rs and vb�i�ations of Trus��e
<br /> are part af this Deed vf Trust;
<br /> Powers of Trustee. In add+tion to a�� pawers o�F Trustee arising as a matter of law, Trustee sha�l ha�e the pawer ta
<br /> take the fa��owing activns with reSpe�t �o th� Praperty upan the �rit#en request of L�nde� and Trustar: �a} join in
<br /> pre�aring and �iling a ma� or plat Q� th� Real Pro��rty, includin� the dedicativn of str�ets or other rights �p th�
<br /> pubi��,• (b� join tn granting any easement or �re�ting any restriction vn the Real F�roperty; and ��� j�in in any
<br /> sub�rdinati�n�rr other agreemen# affi�cting this Qeed ❑f Trust or the interest of Lend�r under this ❑eed of Trust.
<br /> Trustee. Trustee shal� meet alf quali�ications �equired for Trustee und�r applicabl� law. In �ddition tQ the rights
<br /> and r�medies set forth a�o�e, with r�spect to ali ar an�r part of the Property, the Trustee shall ha�e the righ� t❑
<br /> fvreclose �y notice and sale, and Lender shal! ha�e the ri�ht �o fareclos� by judicial fQreclosurer in either c�se in
<br /> ac��rdance with anti tn the fuli extenC prov�ded by appl�ca�le lavv.
<br /> 5uccessor Trustee. L�nder, at L�nder's optivn, may from time �o tim� app�int a successor Trustee to any Trustee
<br /> a�pointed under this Deed a� rr�st by an instrument executed and acknovvl�dg�d by �.ender and recarded in the
<br /> of�iGe ❑f the rectard�� af �ALL County, 5tate of N�braska. The instrument shall canrain, in addition t❑ all other
<br /> matters requ�red by state law, the names of th� origina� Lend�r, Trustee, and Trustor, the �aok and pa�e �or
<br />
|