|
200409009
<br />The occurrence of one or more of the following events shall constitute a default under this Deed of Trust: (i) the
<br />failure of the Grantor to pay any or all of the Obligations in accordance with the Contract; (ii) the failure of the
<br />Grantor to perform or comply with any of the terms, conditions and provisions of this Deed of Trust and/or of the
<br />Contract; (iii) the transfer or conveyance to any person of all or any part of the Property (or the title thereto or the
<br />Grantor's interest therein) without the prior written consent of the Contractor; (iv) an event of default (as defined
<br />therein) should exist or occur under any other instrument encumbering all or any portion of the Property regardless
<br />of whether or not the creation of such mortgage, deed of trust or other encumbrance has been previously consented to
<br />by the Contractor; (v) the Grantor dies; or (vi) any representation or warranty made by the Grantor to the Contractor
<br />is false or misleading in a material respect. Upon the occurrence of a default under this Deed of Trust, the entire
<br />unpaid balance of the Obligations shall become immediately due and payable at the option of the Contractor. The
<br />Trustee, if and as directed by the Contractor, shall have all of the rights and may exercise all of the powers set forth
<br />in the Nebraska Code, as amended, as in effect on the date of execution of this Deed of Trust. The Trustee shall
<br />receive and apply the proceeds from the sale of the Property, or any portion thereof, in accordance with applicable
<br />Nebraska law. The Grantor will pay to the Contractor, upon demand, all expenses, including receiver's fees,
<br />reasonable attorney's fees and costs, incurred pursuant to the provisions of this Deed of Trust, and all such expenses
<br />shall be a lien against the Property and added to the indebtedness secured by this Deed of Trust.
<br />Each right, power and remedy of the Contractor or the Trustee provided for in this Deed of Trust or in the Contract,
<br />shall be cumulative and concurrent and shall be in addition to every other right, power or remedy provided for in this
<br />Deed of Trust, the Contract or at law or in equity. The exercise or beginning of the exercise by the Contractor or the
<br />Trustee of any one or more of such rights, powers or remedies shall not preclude the simultaneous or later exercise
<br />by the Contractor or the Trustee of any or all such other rights, powers or remedies. No failure or delay by the
<br />Contractor or the Trustee to insist upon the strict performance of any term, condition, covenant or agreement of this
<br />Deed of Trust or of the Contract, or to exercise any right, power or remedy permitted hereunder or thereunder, shall
<br />constitute a waiver of any such term, condition, covenant or agreement or of any such breach, or preclude the
<br />Contractor or the Trustee from exercising any such right, power or remedy at any later time or times. If any clause or
<br />provision herein contained operates or would prospectively operate to invalidate this Deed of Trust in whole or in
<br />part, then such clause or provision only shall be void, as though not herein contained, and the remainder of this Deed
<br />of Trust shall remain operative and in full force and effect.
<br />This Deed of Trust shall be binding upon the Grantor and the Grantor's heirs, personal representatives, successors and
<br />assigns and shall inure to the benefit of the Contractor, the Trustee, and their respective successors and assigns. As
<br />used herein, the singular number shall include the plural, the plural the singular and the use of the masculine,
<br />feminine or neuter gender shall include all genders, as the context may require, and the term "person" shall include an
<br />individual, a corporation, an association, a partnership, a trust and an organization. In case any Trustee or any
<br />successor Trustee shall die, become incapacitated or incapable of acting, renounce his trust position, or become
<br />unacceptable to the holder of the Contract, then the holder of the Contract may appoint, in writing, a trustee to take
<br />the place of the Trustee; and upon the acceptance and registration, the trustee thus appointed shall succeed to all
<br />rights, powers and duties of the Trustee.
<br />This Deed of Trust is being executed and delivered in the State of Nebraska and shall be construed, governed and
<br />enforced in accordance with the laws in effect from time to time in the State of Nebraska.
<br />IN WITNESS WHEREOF, the Grantor has caused this Deed of Trust to be executed under seal as of the day and
<br />year first written above.
<br />WIT SS:
<br />1
<br />GRANTOR: /
<br />G (SEAL)
<br />Shawn L Dockhorn
<br />EAL)
<br />STATE OF NEBRASKA
<br />COUNTY /CITY OF l TO WIT:
<br />On this day of �µlu �Obq , before me, a Notary Public of said State, personally appeared the
<br />aforesigned Grantor(s), Shawn 6 Daelfhet- being known to me, or
<br />satisfactorily proven to me, to be the person(s) whose name(s) is /are subscribed to the foregoing Deed of Trust, and
<br />who, in my presence, signed and sealed the foregoing Deed of Trust and acknowledged that he / she / they executed
<br />the same for the purposes therein contained.
<br />WITNESS my hand and Notarial Seal.
<br />Notary Public
<br />My Commission Expires:
<br />L RARKIS:200],�
<br />(SEAL) X21,
<br />Clerk: After Recordation Return to: ________________________
<br />G-21-DG
<br />
|