|
200204347
<br />,ale price, shall apply attorney's
<br />theyproceeds of costs of
<br />evidence
<br />of of (1) title
<br />the obligatconnection
<br />on isecured
<br />hale, with accrued interest
<br />herein and all home expended under the terms hereof, not then repaid,
<br />at the default rate provided in the Note, (11) all other some then secured hereby, (iii)
<br />o
<br />junior trust deeds, mortgagee, or other lienholdere, add (iv) the remainder, if any, to the
<br />person or persons legally entitled thereto. et one sale of all or any
<br />(3) Trustee may in the manner provided by law, pc p
<br />portion of the Trust Estate.
<br />X. RE"se IES NOT EXCLUSIVE. Trustee and Beneficiary, and each of them, shall be
<br />entitled to enforce payment and performance of any indebtedness or obligations secured hereby
<br />and to exercise all rights and powers under this Deed of notwithstanding a some or instrument
<br />or other agreement or any laws now or hereafter in force, 4
<br />said indebtedness and obligations secured hereby may now or hereafter be otherwise secured,
<br />whether by mortgage, dead of trust, pledge, lien, assignment or otherwise. Neither the
<br />acceptance of this Deed of Trust nor its enforcement whether by court action or pursuant to
<br />the power of Bale or other powers herein contained, shall prejudice or in any manner affect
<br />Trustee's or Beneficiary's right to realize upon or enforce any other security now or
<br />hereafter held by Trustee or Beneficiary, It being agreed that Trustee and Beneficiary, and
<br />each of them, shall be entitled to enforce this Deed of Trust and any other security now or
<br />hereafter held by Beneficiary of Trustee in such order and manner as they or either of them
<br />may in their absolute discretion determine. No remedy herein conferred upon or reserved to
<br />Trustee or Beneficiary is intended to be exclusive of any other remedy herein or by law
<br />provided or permitted, but each shall be cumulative and shall be in addition to every other
<br />remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every
<br />power or remedy given by any of the Loan Instruments to Trustee Beneficiary or
<br />independently,
<br />which
<br />either of them may be otherwise entitled, may be exercised, Y P
<br />either of them may pursue intone ixtent be expedi
<br />ot
<br />remedies. N hing herein shallr be cone[ruad as add
<br />from time to time and an often as may deemed prohibiting Beneficiary from seeking a deficiency judgment against the Truetor to the extent
<br />such action is permitted by law.
<br />L. EIMEST FOR NOTICE. Trustor hereby requests a copy of any notice of default and
<br />that any notice of sale hereunder be mailed to Truetor at the address set forth in the first
<br />paragraph of this Deed of Trust.
<br />M. GOVERNING LAW. This Deed of Trust shall be governed by the laws of the State of
<br />Nebraska. in the event that any provision or claue. of any of the Loan Instruments conflicts
<br />with applicable laws, such conflicts shall not affect other provisions of such Loan
<br />Instruments which can be given effect without the conflicting provision, and to this end the
<br />provisions of the Loan Instruments are declared severable. This instrument cannot be waived,
<br />changed, discharged, or terminated
<br />enforcement of any lwaivert, change dischargeinstrument
<br />, sori termination signed
<br />is sought•
<br />N. RECONyEYANCE BY TRUBTEE. Upon written request of Beneficiary stating that all sums
<br />secured hereby have been " paid, and upon surrender of this Deed of Trust and the Note to
<br />Trustee for cancellation and retention and upon payment by Truetor of Trustee's fees, Trustee
<br />shall reconvey to Truetor, or the person or persona legally entitled thereto, without
<br />warranty, any portion of the Trust Estate then held hereunder. The recitals in ouch
<br />reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof.
<br />The grantee in any reconveyance may be described as "the person or persona legally entitled
<br />thereto-.
<br />0. NOTICES. Whenever Benaficiry, Trustor or Trustee shall desire to give or Beach
<br />any notice, demand, request or other communication with respect to this Deed of Trust,
<br />such notice, demand, request or other communication ,hall be in writing and shall be
<br />effective only if the same in delivered by personal service or mailed by certified mail,
<br />postage prepaid, return receipt requested, addressed to the address set forth at the
<br />notices by delivering of Trust.
<br />to the other parties hereto,�eas aforesaid,aadnotice of such
<br />change.
<br />p. ACCEPTANCE BY TRUSTEE. Trustee accepts this Trust when this Deed of Trust, duly
<br />executed and acknowledged, is made a public record as provided by law.
<br />Q. TRANSFER OF THE PROPERTYr ASSUMPTION. If all or any part of the Trust Estate or
<br />an interest therein is sold, transferred, assigned, leased with or without an option to
<br />purchase for more than three (3) years, or conveyed, either in whole or in part, whether
<br />voluntarily or involuntarily, by Truetor without Beneficiary's prior written consent,
<br />excluding a transfer by devise, descent or by operation of law upon the death of a joint
<br />tenant, Beneficiary may, at Beneficiary's option, declare all the sums secured by this Deed
<br />of Trust to be immediately due and payable. Beneficiary shall have waived such option to
<br />accelerate if, prior to the sale, transfer, assignment, lease or conveyance, Beneficiary and
<br />Truetor reach agreement in writing that the credit of such person is satisfactory to
<br />Beneficiary. The consent of Beneficiary to such a sale, transfer, assignment, lease or
<br />conveyance cannot be unreasonably withheld. If Beneficiary has waived the option to
<br />accelerate provided in this paragraph, and if Truetor'. succeeeor in interest has executed
<br />a written assumption agreement accepted in writing by Beneficiary, Beneficiary .hall release
<br />Truetor from all obligations under this Dead of Trust and Note.
<br />IN WITNESS WHEREOF, Truetor has executed this Dead of Trust as of the day and
<br />year first above written.
<br />/ / W 7s /�
<br />
|