|
2� 17�2878
<br /> DEED �F TRUST
<br /> ���ntirlue�� Pa�e C
<br /> �c� Trus�ee may in the manner pro�ided by law postpone sale o#all or any por�ion of�he P�operty.
<br /> Remedies No� ExclusiWe. Trustee and Lender, and each af them, shall be enti�led �o enforce paymen� and
<br /> performance of any indebtedness or ob�igations secured by�his Deed o�Trust and to exercise all rights and pvwers
<br /> under this Deed ofi Trust, under �he Note, under any of the Relat�d Documents, ❑r under any ❑ther agreement or
<br /> any �aws naw or hereaf�er in fiarc�; notw�thstanding, some or all of such indebtedness and o�ligations secured by
<br /> this Deed ❑f Trust may naw or hereafter be atherwise secured, whether by mortgag�, d�ed of�rus�, pledge, �ien,
<br /> assignment or vth�rw�se. Neither the a�c�ptan�e �� this Deed ❑f Trus� nor its enforcement, whether by �ourt
<br /> action or pursuant to the power of sale or other powers cantained in this Deed of Trust, sha11 pre�udice ❑r in any
<br /> manner affec� Trustee's ar Lender's right to realize upon or en�o�ce any o�her security now �r hereaf�er held by
<br /> Trustee or Lender, �t being agreed�ha�Trustee and L�nder, and�ach of them, shall be entit�ed to enforce�his Deed
<br /> af Trust and any ❑ther security now vr hereafter he�d by Lender ar Trustee in such order and manner as they or
<br /> either of them may in the�r a�solute discretiQn determine. No remedy conferr�d upon or reser�ed ta Trus�ee or
<br /> Lender, is in�ended to �e exclusi�e o�any ��her remedy �n this D��d v�Trust ar by faw pro�ided or permitted, hut
<br /> each shall be cumulatiWe and shafl be in add�tivn �o eUery a�her remedy gi�en in this Deed of Trust o� naw or
<br /> hereaf�er existing at�aw�r in equity vr by statute. E�ery pav►rer vr remedy gi�en by the Note vr any of the Related
<br /> Docum�n�s �o Trustee or Lender or to which �ither o� them may be vtherwise entit�ed, may be exercised,
<br /> concurren�ly or independent�y, from time tv time and as aft�n as may be deemed expedient by Trust�e or Lend�r,
<br /> and either ofi them may pursue �nconsisten� remedies. Nothing in this ❑eed of Trus� shaff he canstrued as
<br /> prohibiting Lender�From seeking a de�iciency judgmen�against the Trustor to�he extent such a�tian is permitted i�y
<br /> law. Efect�on by Lender to pursue any remedy shall not ex�lude pursu�t o� any other remedy, and an election to
<br /> make �xpenditures or to take acti�n to per��rm an obligation of Trustor under this De�d of Trust, after T�ustor's
<br /> failure tv perfo�m, shall no�affect Lender's r�ght to dec�are a defaul�and exercise its rernedies.
<br /> Request far Not�ce. Trustar, on behalf of Trust�r and Lender, hereby requests tha�a copy o�any Noti�e of Default
<br /> and a copy of any Noti�e �f Sale under this Deed of Trust be mai[ed to them at the addresses set�orth in �he fiirs�
<br /> paragraph o�this Deed vf Trust,
<br /> Attorneys' Fees: Expenses. �f Lender institutes any su�t or activn to enfor�e any af the terms of this D��d of
<br /> Trust, Lender shaff be entitled �v reco�er such sum as the court may adjudge reasonab�e as attarneys' fees at trial
<br /> and upon any appea�. Whether ar nvt any court action is in�vl�ed, and �o �he extent not p�ohibi�ed by law, a�f
<br /> reasanai��� expenses Lender incurs tha� in Lender's opinion are necessary at any time �For �he protec�ion of its
<br /> interest or the enfor�ement vf its rights shall becvme a part❑f th� fndehtedness payable on demand and shall bear
<br /> interest at the Note ra�e from the date o�the exp�nditure until repaid. Expenses co�ered by this paragraph include,
<br /> without limitation, howe�er subject to any Ifmits und�r applica�le �aw, Lender's att�rneys' fees and Lender's legal
<br /> expenses, whether ❑r not there is a lawsuit, incfudin� att�rneys' fees and expenses for bank�uptcy proc�edings
<br /> �including e��orts to mvdify or�a�ate any automati�stay or injunction3, appeals, and any anticipated past-�udgment
<br /> collecti�n ser�ices, the cost ofi searching recvrds, obtaining title reporfis 4�n�luding foreclosure reportsy, sur�eyars'
<br /> repar�s, and appraisal �ees, title insurance, and fees for the Trustee, t� the extent permi�ted �y app€�cable faw.
<br /> Trustor also wilf pay any court costs, in addition to a��other sums pro�ided by faw,
<br /> R�ghts�f Trus�ee. Trustee shal� ha�e all of the rights and dut�es o�r Lender as set forth in this s�ct�on.
<br /> P�WERS AND �BLiGATI�NS 4F TRUSTEE. The following pro�isions refafiing t� the pvwers and obligations �f Trus�ee
<br /> are part of this Deed o�Trust:
<br /> Powers vf Trustee. ln addition to a�l p�wers of Trustee aris�ng as a matter of faw, Trustee shaii ha�e the power�o
<br /> take the fo��aw�ng actions with respect t❑ the Property upon the written requ�st of Lender and Trustvr: �a� join in
<br /> preparing and �iling a map or pfat vf the Rea! Property, including �he dedicafiion o� streets or other rights to the
<br /> public; �b} join in granting any easement or creat€n� any restrictian an the Real Property; and �c} join in any
<br /> subordination or ather agr�ement affecting this Deed of Trust or the inte�est of Lender under th�s Deed of Trust.
<br /> Trustee. Trustee shall meet aff qua!€�ications required for Trustee under appiica�le law. !n addition to the righ�s
<br /> and remedies set �o�th abo�e, with respect to ali flr any par� of �he Property, the T�ustee shall ha�e th� right to
<br /> �vrec�ose by nvtice and sal�, and Lender shaff ha�e the right �o f�re�lvse by judicial fvreclosure, in ei�h�r case in
<br /> accordance with and�o the fuf[extenfi pra�ided by appli�abfe law.
<br /> Suc�essor Trustee. Lender, a� Lender's apti�n, may from time to time appoint a successvr Trustee to any Trustee
<br /> appainted under this De�d ❑� Trust �y an instrument executed and acknawledged by Lender and re�arded in the
<br /> office a� the recorder ofi Ha�f Caunfiy, State of Nebraska. The instrument shall contain, in add�tion to all other
<br /> ma�ters required by state law, the names o� the original Lender, Trustee, and Trustor, the book and page �ar
<br /> c�rmputer system re�erence� where this Deed af Trust is recorded, and the name and addr�ss �f the succ�ssor
<br /> trustee, and�he instrument shall be execu�ed and a�knowledg�d t�y a�!the beneficiaries under this Deed af Trust a�
<br /> their success�rs in in�erest. Th� successor trustee, wi�hout con�eyance o�the Propsr�y, shall succeed tv all the
<br /> tit�e, power, and duties conferred upon the Trustee in this Deed of Trust and �y applicable lav��. This pracedure fvr
<br /> suhstitution of Trustee shall go�ern to the exc�usion o�all ather pro�isions f�r substitution.
<br /> N�TI�ES. Any notice required to t�e gi�en under this Deed of Trust, inciuding without limi�ation any notice vfi default
<br /> and any notice o�sale shall be gi�en in writ�ng, and shall be effecti�e when actually de���ered, when a�tual�y recei�ed
<br /> by telefacsimile �unless otherwise required by law}, when deposited wi�h a nationally r�c�gnized v�ernigh�courier, o�, if
<br /> mailed, when deposited in the United 5ta�es mail, as first c�ass, ce�tified or registered mail p�stage prepaid, directed to
<br /> the addresses shown near the b�ginning af this Deed of Trust. Afl ��pies of nat�ces ofi fareGfosure �rom the h�lder ��
<br /> any fien whi�h has priority o�er this Deed of Trust shall be sent to Lender's addr�ss, as shawn n�ar th� beginning of
<br /> this Deed of Trust. Any party may change its addr�ss fior notices under this Deed of Trust by gi�ing formaf wr�tten
<br /> notice t� �he other parties, specifying that the purpose af the notice is to change the party's address. For notice
<br /> purposes, Trust�r agrees �o keep Lender info�med at all �imes of Trustor's current address. Unless otherwise pro�ided
<br /> or requ��ed by law, if th�re is mvre�han one Trustor, any nfltice gi�en by Lender ta any Trustor is deemed to b� notice
<br /> gi�en to all Trustors.
<br /> MISCELLAIVEQUS PRDVIS��NS. Th�fv��owing miscellaneous pra�isions are a part of this �eed vf Trust:
<br /> Amendments. This Deed of Trust, together with any Related Documents, const�tutes the entire understanding and
<br /> agreemenfi of the parties as to the matters set forth in th�s Deed ❑f Trust. No al�erati�n ��or amendment to this
<br /> ❑eed v�Trust shall t�e effect��� uni�ss gi�en in writing and signed by the party or parties sought to be charged or
<br /> baund by the aite�ati�n ar amendment.
<br /> Annual Reports. lf the P�operty is used for purposes othe� than Trustor's residence, Trustor shall furnish tfl
<br /> Lender, upon reques�, a c�rtif�ed statem�nt of net operating income recei�ed fram �he Prope�ty du�ing Trustor's
<br /> pre�ious fiscal year in such fvrm and detai� as Lender shall require. "Net �perat�ng income" shafl mean all cash
<br /> receipts fram the Prope�ty less all �ash expenditures made in�onnecti�n wrth the operation of the Prop�rty.
<br /> Cap#ian Headings. Caption headings in �his Deed a� Trust are far �vn�enience purposes only and are not �o be
<br /> us�d tv interpret vr de�fine the pro�isions vf�his Deed❑�T�ust.
<br /> Merger. There shall be no m�rger❑�the interest or estate �reat�d by�his L7eed of Trust with any vther€n�erest or
<br /> es�ate in the Prvper�y at any time he�d by ar fvr�he henefi#of L�nder �n any capaci�y, withou�the written consent
<br /> �fi Lender.
<br /> �
<br />
|