Laserfiche WebLink
� 2� 17���93Y <br /> DEED �F TRUST <br /> Laan Na: '1 a�3��974 {Continued� Page 4 <br /> �d} Vllith respec�to all ❑r any part at the Persanal Prvper�y, Lender shall ha�e aj��the rights and remedies <br /> ❑�a secured party under fihe Nebraska Uni�orm Commercial Code. <br /> Foreclvsure by Power of Sale. I�f Lender elects�❑foreclose by exercise of the P�wer of Sale herein �ontained, <br /> Lender shaf� notify Trustee and shal� deposi� with Trusfiee this Deed of Trust and fihe Credit Agreemenfi and <br /> such receip�s and e�idence af expenditures made and secured by this Deed vf Trusfi as Trustee may require. <br /> �a} Upon rec�ip�of such notfce fram Lender, Trustee sha11 cause to be recarded, pubfish�d and deliWered <br /> t❑ Trustor such No�ice ❑f De�aul� and Natice vf Sale as then requtred �y law and hy th�s Deed of Trus�. <br /> Trust�e shall, wifihout demand an Trus�or, after such time as may then be required by law and after <br /> recvrda�ion of such Natice v� De�ault and a�re�- Notice ❑f Saie ha�ing been given as required by law, seil <br /> the Proper�y a� �he time and pla�e v� sale �ixed by ifi in such NatFce ❑� 5ale, eithe�- as a whole, ❑r in <br /> separate lo�s or parcels vr items as Trustee shal� deem expedi�nt, and in such order as it may determine, <br /> at public auct�an �o the highes� bidder for cash in lawful maney of�he United S�ates payable a�th�time <br /> of sale. Trus�ee shall deli�er to such purchaser or pur�hasers fih�reof its �aod and suffi�ienfi deed ❑r <br /> deeds conWeying the praperty so sold, bu� without any caWenant ❑r warranty, express or implied. The <br /> recita�s in such deed of any matters ar�ac�s shall be conclusi�e proof ❑f the tru�hfulness �hereo�. Any <br /> persvn, including wi�hout Eimi�ation Trust�r,Trustee, ar Lender, may purchase a�such sale. <br /> �b} As may be pe�mitted by law, after deducting all cos�s, f�es and expenses af Trustee and ❑f this <br /> Trust, including cvsts o�F e�idence of�i�le in connectian wi�h sale,Trustee shall apply the proceeds vf sale <br /> t� paymen� of {i� al� sums expended under fihe terms D� �hES Deed ❑f Trust or under the terms of the <br /> Credifi Agreement nvt then repaid, including but n�t limited t� accrued interest and Iate charges, �ii} all <br /> ❑ther sums then secured hereby, and �iii} the �emainder, if any, tv fihe persvn ❑r persons legally �n�itled <br /> �here�v. <br /> �c� Trustee may in fihe manner pro�ided by�aw postpone sale ot all or any portivn of the Property. <br /> Remedies Not Exclusi►re. Trustee and Lender, and each o� them, shal� be entitled t❑ en�arce paymen� and <br /> p�rformance o�any indelatedness or❑bligations secured by this Deed of Trust and t❑exercise all rights and pvwers <br /> under this ❑eed of Trust, under the Credit A�reement� under any o�f the Relat�d I�ocumen�s, ar under any o�her <br /> a�reement or any Eaws now ar h�reafker in farce; notwithstanding, some ❑�- a�l of such indebtedness and <br /> �bliga�ions se�ured by this D�ed of Trust may naw or her�after be otherwise secured, whe�her by mortgage, deed <br /> ❑f trust, pledge, lien, assi�nment vr otherwise, Neither the acceptance ��this Deed ❑f Trust nar i�s enfvrcement, <br /> whe�her by caurt action ❑r pursuant to th� pawer ❑f sale or ❑�her pawers canta�ned in this Deed o�Trust, shall <br /> prejudice or in any manner a��ect Trus�ee's or Lender's right to rea�ize upon or enfarce any other security now or <br /> hereafter he�d by Trustee or Lender, i�being agreed that Trus�ee and Lender, and each v�them, sha�f 1ae enfiitled to <br /> en�orce this Deed ❑fi Trust and any vther security now ❑r hereaf�er held by Lender or Trustee in such ❑rder and <br /> manner as �hey ❑r ei�her of them may in their ahsolufie d�sc�etion determine. No remedy cvnferred upvn ❑r <br /> reserWed to Trustee or Lender, is intended �v be exclusi�e of any �ther remedy in �his I�eed a�f Trust or by law <br /> pro�Eded or permi�ted, but each shall he cumulatiWe and shall be in addi�ion fiv e�ery o�her remedy gi�en in �his <br /> Deed v�F Trust or now or hereafter exisfiing at �aw vr in equity vr- i�y s�atu�e. E�ery pawer ar remedy gi�en by the <br /> �redit Agreement or any o� the Related Documents ta Trustee or Lende�- or ta which eEther o� them may 1ae <br /> vtherwise entitled, may be exer�ised, cancurrently ❑r independently, fram time t❑ �ime and as of-ren as may be <br /> deemed ex�edien� by Trustee ❑r Lender, and either o# them may pursue inconsistent �emedies. Nathing in this <br /> Deed ❑fi T�ust sha!! be construed as prohibi�ing Lender fram seeking a de�iciency judgmen� against the Trustor t❑ <br /> the extent such action is permitted by law. <br /> Election of Remedies. All v� Lender`s rights and remedies w�lf b� cumula�i�e and may be exer�ised alone ar <br /> tvgether. �f Lender decides t❑ spend mon�y ❑r t❑ perform any o�Trus�or's obligations under this �3eed o�Trus�, <br /> after Trustor's failure ta d❑ so, thafi de�ision by Lende� wifl nvt aff�ct Lender's right t� declare Trus�tor in de#ault <br /> and t�exercise Lender's remedies. <br /> Request for Notice. Trustvr, vn behalf❑f Trustor and Lend�r, hereby�-eques�s that a capy vf any Notice of De�auft <br /> and a cvpy o�any Notice ❑f 5ale under this aeed of Trus� be mailed to them a�the addresses set�orth in th��Erst <br /> paragraph of this Deed o�Trust. <br />� Atkorneys' Fees; Expenses. If Lender institu�es any suit or a�tion to enfarce any vf the terms of this Deed ❑f <br /> Trust, Lender shall be entifiled t❑ reco�er such sum as�he cour�may adjudge reasanable as attarneys' �ees at#rial <br /> and upon any appeal. V11he�her or nat any �ourt a��ian is inWvlWed, and �o the extent nnt prohibited by law, all <br /> reasanable exp�nses Lender incurs that in Lender's opinion are necessary a� any �ime fvr the prv�ection v� its <br /> interest�r the enfvrcement❑f ifis rights sha[l become a part❑f the lndebtedness payable on demand and shall bear <br /> interest at �he Credi� Agreement rate �rvm �he date v� �he expenditure until repaid. Expenses co�ered by this <br /> paragraph in�lude, withaut limita�ian, howe�er subject t� any limits under applicable law, Lender's attorneys' fees <br /> and Lender's lega� expenses, whether �r not there is a lawsuit, including attorneys' -�e�s and expenses far <br /> bankruptcy praceedings �includ�ng ��far�s �o madify ❑r �acafie any autamatic s�ay or injun�tion}, appeals, and any <br /> an�icipafied pvs�judgment cvlle��ion ser�ices, the cost of searchEng reco�rds, ob�aining �itle reports 4including <br /> forec�osure reports�, sur�eyars' reports, and appraisal fees, title insurance, and fees fo�-�he Trustee, �❑�he extent <br /> permitted by appl�cabte lav►r. Trustor als❑v►rill pay any cvurt costs, in additivn to all other sums pro�ided by law. <br /> MISCELLANEDUS PR�VISI�NS. The fvllowing mis�ellanevus pro�isivns are a pa�t vf this Deed�f Trust: <br />