|
0948 -2000
<br />Loan Wo 25910
<br />9000
<br />w,
<br />(c) Deliver to Trustee a written declaration of default and demand for sale_ and a written notice of dafauft and election to cerise frit�or's
<br />Interest In the Property to be sold, which notice Trustee shall cause to be duly flied for record in the appropriate offices of the County In
<br />which the Property Is located; and
<br />(d) With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party under the
<br />Nebraska Uniform Commercial Code.
<br />' Fdrdctosure by Power of gale. If Lender elects to foreclose by exercise of the Power of Sale herein contained, Lender shall notify Trustee and
<br />shall deposit with Trustee this Deed of Trust and the Note and such receipts and evidence of expenditures made and secured by this Deed of
<br />,Trust as Trustee may require.
<br />(a) Upon receipt of such notice from Lender, trustee shall cause to be recorded, published and delivered to Trustor such Notice of Default
<br />and Notre of Sale as then required by law and by this Deed of Trust. Trustee shalt, without demand on Trustor, after such time as may
<br />then be required by law and,aAer recordation of such Notice of Default and after Notice of Sale having been given as required by law, sell
<br />the Property at the time and place of sale Posed by it In such Notice of Sale, either as a whole, or in separate lots or parcels or items as
<br />Trustee shah deem expedlent,.and In such order as it may determine, at public auction to the highest bidder for cash in lawful money of
<br />the United oWow , ill the trots of sale. Trustee shall delver to such purchaser or purchasers thereof Its good and sufficient deed or
<br />deeds conveying t sa but w . am covenant or warranty, express or implied. The nlrattals In such deed of any matters
<br />or facts shall be ooni1W*1 : ,.. uNiihcJtJ! (� Trustor, Trustee, or Lander, may
<br />p- urohase at such seta.
<br />(b) As may be permitted by
<br />— age in aennsetiorr +�rltMeleis;`Trxrstaa app
<br />Trust or under the terms of the Note not then repaid, Including but not limited to accrued interest and late charges, (ii) all other sums then
<br />secured hereby, and (iii) the remainder, if any, to the person or persons legally entitled thereto.
<br />(c) Trustee may in the manner provided by law postpone sale of all or any portion of the Property,
<br />Remedies Not Exdusive, Trustee and Lender, and each of them, shall be entitled to enforce paynec+t and Performance of any Indebtedness
<br />or obligations secured by this Dad of Trust and to exercise all rights and powers under this Deed of Trust, under the Note, under any of the
<br />Related Documen � a resmant or any laws now or hereafter In force; notwiths*4ng, some or all of such Indebtedness
<br />and obligations ifltll l hereafter be otherwise. secured, .wh outer 6V , deed of trust, lien,
<br />assignment or of ed iitt;trdltlr{ffrwtu!. qtr of �;
<br />S" or other oN E Ml� r;
<br />enfgi +>Y
<br />entlaed t0 enioroe ttf a of ,
<br />ay
<br />either of them may to 1
<br />exclusive' of •any►'eift i�wlr llor in tick = er tc
<br />every other y given In this ,of or nsriv of 1 Y
<br />the
<br />Note or any of the Related Documents to 'truf►tee or tender 'or, to" elihler d ihdnt'. Y , iM eftthgeld, .ma Ifdsed,
<br />concurrently or Independently, from time to time and as often as may be cleaned expedbnt'hy Trttstee or Lender; and either of them may
<br />pursue Inconsistent remedies. Nothing in this Deed of Trust shall be construed as prohibiting Lender from seeking it deficiency judgment
<br />against the Trustor to the extent such action is permitted by law.
<br />Request For Notice. Trustor, on behalf of Trustor and Lender, hereby requests that a copy of any Notice of Default and a copy of any Notice
<br />of Sale under this Deed of Trust be mailed to them at the addresses set forth in the first paragraph of this Deed of Trust.
<br />Waiver; Election of Romedlea. A waiver by any party of a breach of a provision of this Dead of Trust shall not constitute a waiver of or
<br />prejudice the party's rights otherwise to demand strict compliance with that provision or any other provision. Election by Lender to pursue any
<br />remedy provided in this Deed of Trust the Note, In any belated Document, or provided by law not exclude punnet rd a+'� othK comedy,
<br />and an eleciion,to, nlako le a _ — <
<br />• iii #� frilQSe. -in7s �.,gt�anv�oone� s���e, .m �v..�..,,. .....
<br />POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee are part of this Deed of
<br />Trust.
<br />Powers of Trustee. In addition to all powers of Trustee arising as a matter of law, Trustee shall have the power to take the following actions
<br />with respect to the Property upon the written request of Lender and Trustor. (a) join In preparing and filling a map or plat of the Real Property,
<br />Including the dedication of straNs or other rights to the public; (b) join in granting an� easement or creating any restriction on the Real Property;
<br />and (c) join in any subordination or other agreement affecting this Deed of Trust or the interest of Lender under this Deed of Trust.
<br />Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. In addition to the rights and remedies set forth above,
<br />with respect to all or any part of the Property, the Trustee shell have the right to foreclose by notice and sate, and Lender shall have the right to
<br />foreclose by judicial track*", in either case in aocordana with and to #a fiat sopit provided by applicable law.
<br />Successor Trustee. Lender, atLonder's option, may f 6 inrN 16 aka r Trustee to any Trustee appointed hereunder by an
<br />Instrument executed and aeknewrledged by'Lender and neceiri id'hrrthis oRllbrli of tine recorder of County, Nebraska. The Instrument shah
<br />''contaln, in addition to all oN»r matters required'by seats'isie,° nernes l±if#lre'briginal Lender, Trustee, and Tf Wor, :the book and (or
<br />computer system reference) where this Deed of Trust Is recorded, and the, name and address of the successor trustee, anctthe'6sw
<br />be executed and acknowledged by all the beneficiaries under,".13"d of Trustor their successors in interest. -.The successor huge; vAkO
<br />conveyance of the Property, shall succeed to all the 09, power, and. duties conferred upon the Trustee in this Deed of Trust:and by impplio"
<br />law. This procedure for substitution of trustee shall govern to the exclusion of all other provisions for stesWU11011.
<br />NOTICES TO TRUSTOR AND OTHER PARTIES. Any notice under this Deed of Trust shall-be in ywrhli g;..at>Ftr: +fr sent by_M�aosinsle (unless
<br />otherwise required by law), and shall be effeet vs when actually delivered, or when deposited with a r► tally f gtsid overnight courier, or, If
<br />mailed, shalt be deemed effective when dpp in the United States malt first class, certified or rsgNta d :fReN, pip" drooled to the
<br />addresses shown rear the beginning of th(s Dead a of Trust. Any party may change Its address for nodoes under this of Tngs by 9M formal
<br />written notice to the other parties, specifying that the purpose of the notice is to change the party's address. All copies of natives of foreclosure from
<br />the holder of any lien which has priority over this Deed of Trust shall be sent to Lender's address, as shown near the beginning of this Deed of Trust.
<br />For notice purposes, Trustor agrees to keep Lender and Trustee informed at all times of Trustoes current address.
<br />Amendments. This Deed of Trust, together with any Related Documents, constitutes the entire understanding and agreement of the parties as
<br />to the matters set forth In this Deed of Trust. No alteration of or amendment to this Deed of Trust shall be effective unless given in writing and
<br />signed by the party or parties sought to be charged or bound by the alteration or amendment.
<br />Applicable Low. This Deed of Trust has been delivered to Lender and accepted by Lender in the State of Nebraska. This Deed of Trust
<br />shill be governed by anal construed M accordance with the laws of the State of Nebraska.
<br />Caption Headings. Caption headings in this Deed of Trust are for convenience purposes orgy and are
<br />not to be used to Interpret or define the
<br />provisions of this Deed of Trust.
<br />Merger. There shag be no merger of the interest or estate created by this Deed of Trust with any other Interest or estate in the Property at any
<br />time hold by or for the benefit of Lender in any capacity, without the written consent of Lender.
<br />MurypN Parties#.. All obligations of Trustor under this Deed of Trust shag be t and several; and all references to Trustor'shaii mean each and
<br />everyTrustor. ;TMs, tritons that each of the persons signing below Is rasp , bta'#er. alt obllpatlons in this Deed of Trust.
<br />SevarabfNty...tf a court. of competent jcits�tlon finds. any .provision of this Deets of Trust to, be. invalid or unenforceable as, to any person or
<br />;i ,ouRruhlt M such finding shay not render that provision invalid or unenforceable as to any other persar*cir cimurnstances. f f feasible, any
<br />s provision shag bo deemed to be modified to be within the gmgs of enforceability . or valift :however, tt the offending provision
<br />cane so modified, it shag be s�ken and all other provisions of this Died of Trust In alt other rests jW remain Iu►d a r
<br />Sur 1,8000 NO Asdgrus. Subject to the limliallm stated in thss;;Deed of Tnnst• on trarnfer of Try .
<br />Deed. of
<br />binding upon and Inure to the benefit of the iparges, their suooes M and assigns. If ownsnehlp if fitla�+
<br />other than Trustor, Lender, wfihout notice to Trustor, may deal with TrttsWw .sucomord with nsiittransti s � �'.' �y
<br />x�
<br />
|