|
2� 17��321
<br /> DEED �F TRUST
<br /> Loan No: '1�'!3��6�� �Cont�nued� Page 7
<br /> �a} Either in person ❑r hy agenfi, wi�h or without br�nging any actian ❑r pro�eeding, or �y a recei�er
<br /> appointed by a cvurt and without�regard ta the adequacy vf i�s security, enter upvn and take pvssession
<br /> o�the Proper�y, or any part thereo�F, in its vwn name ❑r in th� name ❑fi Trustee, and do any a�ts which it
<br /> deems ne�essary or desirable�o preser�e#h� �alue, marketability or rentability a�F�he Prvper�y, or part vt
<br /> th� Praperty or interest in the Property; in�rease �h� income from �he Property ❑r protect the se�urity of
<br /> the Prop�rty; and, with or withaut taking possession of the Praperty, sue fior ar otherwise colle�t the
<br /> rents, �ssues and profits ❑fi fihe Properfiy, including those pas� due and unpaid, and apply the same, �ess
<br /> costs and expenses ❑f opera�ion and cvllection attorneys` fees,�o any indebtedness secured by this Deed
<br /> v� Trust� a[[ in such ❑rder as Lender may d�termine. The entering upon and taking pvssess�vn o� the
<br /> Prope�-ty, �he collectian ❑�F such rents, issues and prvfi�s, and the app�ica#ion �herevf sha[I not cure vr
<br /> wai�e any defiauft❑r notice af defiault under�his Deed a�Trust or in�a[Edate any act dvne �n response t❑
<br /> such default ar pursuant tv su�h notice of default; and. notwi�hsfianding the continuance in possession of
<br /> fihe Prvperty or �he ca�lectivn. rece;pfi and application of rents. f55U�5 or profits, Trusfiee or Lender sha��
<br /> be entitl�d ta exercise e�ery right pro�ided for �n the Note or the Related Documents flr by law upon the
<br /> vccurr�nce of any e�ent a�defaul#, inc[uding fihe right to exercise�he power of sa�e;
<br /> {b} Commence an action to foreclose this Deed af Trust as a mortgage. appoint a recei�er vr sp�c�fically
<br /> enforce any❑f#he co�enants herevf; and
<br /> �cy Deli�er tv Trustee a written declaratian of defaul�and demand �ar sa�e and a written notice v#defau�t
<br /> and elec�tion�o �ause Trusfivr's interest in the Pr-operty�o be sold, which nofiice Trustee shall �ause to he
<br /> du[y#iled fvr record in the apprapriate a�#ices ofi fihe County in wh�ch the Prvperty�s located; and
<br /> {d� VIIEth respect t❑ all vr any par�❑f the Personal Property, Lender-shall ha�e afl the rights and remedies
<br /> of a secured party under the Nebraska Llnifvrm Cammercia� Cvde.
<br /> Fore�lasure by Power o�Sale. �f Lender elects��foreclose hy exercise vf the Power of Sale herein cvn�ained,
<br /> Lender shaii noti�y Trustee and shaff depasi� with Trustee this Deed of Trust and the Nvte and such rece�pts
<br /> and e�idence of expendi�ures made and secu�-ed by this Deed ❑f Trust as Trustee may require.
<br /> {a} Upon re�eip�❑f such natice fr�m Lender, Trustee sha[[ cause tv be recvrded, pub�ished and deli�ered
<br /> �o Trustor such Notice af De�ault and Nvfiice of Sa2e as then requi�ed by law and by this Deed ❑�Trus�.
<br /> Trustee shall, withaut demand on Trustar, after such time as may then be requEred by [aw and after
<br /> �ecvrdatian of such No�ice af Defau[t and after Nati�e o# Sale ha�ing been given as required by iaw, sell
<br /> the Property at the �ime and place ❑-F sale fixed by it in such Notice a� Safe, eifiher as a whole, ❑r in
<br /> separa�e [ots or parcels or it�ms as Trustee sf�al[ de�m expedient, and in such order as it may determine,
<br /> at publi� auction tv the highest bidder for cash in lawfu[ maney of the lJni�ed 5tates payable a#the time
<br /> o� sale. Trus�ee shall d�li�er #v such purchaser or purchasers thereof its goad and sufficient deed or
<br /> de�ds cvn�eying the property so sofd, but without any �v�enant o� warranfiy, express or implied. The
<br /> recifials in such deed of any ma�ters ❑r �acts shall be �anciusi�e proof o� fihe truth�uiness thereof. Any
<br /> person, including withaut fim�tation Trustar, Trustee, vr Lender, may purchase at such sa[e.
<br /> {b� As may be permitted by law, after deducting all costs, fees and expenses of Trustee and o� this
<br /> Trust, including �os�s of e�idence vf ti�le in connec�ion wi�h sa[e,Trustee shall app[y the praceeds vf sa�e
<br /> to paymen��f �iy all sums expended under the terms ofi this Deed vf Trust or und�r the terms o�the No�e
<br /> nat then repaid, including but nfl� fimi�ed tv accrued interes� and fate charges, {�i� ail ❑�her sums then
<br /> s�cured hereby. and {iiiy the remainder, if any,to the person or persons legaffy entitfed thereto.
<br /> �c} Trus�ee may in#he manner pra�ided by law pastpone safe o�all ar any portian❑f the Proper�y.
<br /> R�medies Not Exclusive. Trustee and Lenderr and each af rhem, shalf be entitled �v enfiarce payment and
<br /> perfo�mance a�f any indebtedness❑r obliga�Eons secu�ed by�his De�d of Trus#and tv exercise aI� rights and powers
<br /> under this Deed a�Trusfi, under the Nate, under any af the Related ❑ncuments, or under any v�her agreement or
<br /> any laws now or hereaft�r in farce; nvtwi�hstandingf s�me or a�l ❑f such indebtedness and obliga�ions secur�d by
<br /> this Deed of Trust may now ❑r her�after be otherwise secured, whether by mortgage! de�d afi trust, pledge, lien,
<br /> assignment or otherwise, Neither the acceptance of this Deed of Trust nor its enfvrcem�nt, whe�her by caurt
<br /> action or pursuan� �o the power of sale �r ather powers contained in this Deed ❑f Trust� shall prejud�ce ❑r in any
<br /> manner affect Trus�ee's ❑r Lender's right ta reaf i�e upon ar enforce any ❑ther securifiy nvw ❑r hereafter held by
<br /> Trustee vr Lender, it heing agreed fihat Trus�ee and Lender, and ea�h of thsm� shall be en�it[�d tv enfvrce this Deed
<br /> of Trust and any vfiher security naw or hereafter held by Lende�- vr Trustee in such orde�- and manner as they or
<br /> ei�her vf them may in th�ir absofute discretivn determine. N❑ remedy canferred upon ar reser�ed �o Trustee ❑r
<br /> Lender, is intended ta be exciusi�e vf any other remedy in fihis ❑eed of Trust or- by faw prfl�ided or pe�mit�ed, bu�
<br /> each shall be �umu�ati�e and shall be in additivn ta every other rem�dy gi�en in �this ❑eed n� Trust ❑r now or
<br /> hereafter existing at faw or in equity❑r�y statute, E�ery power or remedy gi�en by�he Nate ar any o��the Related
<br /> Documents tv Trustee or Lender ar to which ei�her o� them may be ofiherw�se enti�[ed� may be exercised,
<br /> concurrent[y or independently, from time to time and as aften as may be deemed expedient by Trustee ❑r Lender,
<br /> and ei�her af them may pu�sue inconsistent remedies. Nothing in �his Deed of Trust shall he construed as
<br /> prohibifiing Lender trom seeking a deficiency judgment against the Trust�r tv�he extent such action is permitted by
<br /> law. Elec�inn by Lender �o pursue any remedy shall nvt exc[ude pursuit of any other remedy, and an ele�tEon to
<br /> make expenditures or t❑ take activn tv perform an obliga�ion ofi Trustar under fihis ❑eed of Trust. after Trusto�-'s
<br /> failure to p�rfiorm, shall nat a�fect Lender's righ�to d�c�are a d�fauEt and exercise its remedies.
<br />
|