|
DEED OF TRUST
<br />(Continued) 200209785 Page
<br />purohasa at such sale.
<br />(b) As may be permitted by law, after deducting all costs, tees and expenses of Trustee and of this Trust, including costs of
<br />evidence of title in connection with sale, Trustee shall apply the proceeds of sale to payment of lit all sums expanded under
<br />the terms of this Dead of Trust or under the terms of the Note not than repaid, including but net limited to accrued interest
<br />and late charges (ii) all other sums then secured hereby, and tiro) the remainder, 'd any, to the person or persons legally
<br />entitled therew.
<br />(rj Trustee may in the manner provided by law postpone sale of all or any portion of the Property.
<br />Remedies Not Exclusive. Trustee and Lender, and each of them, shall be entitled to enforce payment and perfunnaaoe of any
<br />indebtedness or obligations secured by this Deed of Trust and to exercise all rights and powers under this Deed of Trust, under the
<br />Note, under any of the Related Documents, or under any other agreement or any laws now or hereafter in force; notwithstanding,
<br />some or all of such indebtedness and obligations secured by this Deed of Trust may now or hereafter be otherwise secured, whether
<br />by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement,
<br />whether by court action or pursuant to the power of sale Or other powers contained In this Deed of Trust, shall prejudice or in any
<br />manner affect Trustee's or Lender's right to realize upon or enforce any other security now or hereafter held by Trustee or Lender, it
<br />being agreed that Trustee and Lender, and each of them, shall be entitled to enforce this Deed of Trust and any other security now or
<br />hereafter hold by Lender or Trustee in such order and manner as they or either of them may in their absolute discretion determine. No
<br />remedy conferred upon or reserved to Trustee or Lender, is intended to be exclusive of any other remedy In this Deed of Trust or by
<br />w provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given in this Deed of Trust or
<br />now or hereafter existing at law or In equity or by statute. Every power or remedy given by the Note or any of the Related Documents
<br />to Trustee or Lender or to which either of them may be otherwise entitled, may be exercised, concurrently or independently, from time
<br />to time and a s often as may be deemed expedient by Trustee or Lender, and either of them may pursue inconsistent remedies.
<br />Nothing in this Deed of Trust shall be construed as prohibiting Lender from seeking a deficiency judgment against the Truster to the
<br />extent such action is permitted by law. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and
<br />on election to make expenditures or to take action to perform an obligation of Trustor under this Dead of Trust, after Theater's failure
<br />to perform, shall not affect Lender 'A right to coolant a default and exercise its remedies.
<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
<br />Notice of Sale under this Dead of Trust be A letl to them at the addresses set forth in the first paragraph of this Deed of Trust.
<br />Attorneys Fees: Expenses. If Lender institutes any suit or action to enforce any of the terms of this Dead of Trust, Lender shall be
<br />entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether Or not any
<br />urt action a involved, and to the extent net prohibited by law, all re nable expenses Lender incurs that in Lender's opinion are
<br />necessary at any time for the protection of Its interest or the enforcement Of Its rights shall become a part of the Indebtedness payable
<br />on demand and shall boar interest at the Note are from the date of the expenditure until repaid. Expenses covered by this paragraph
<br />include, without limitation, however subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses,
<br />whether or not there is a lawsuit, Including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or
<br />yacolo any automatic stay or Injunction), appeals, and any anticipated post judgment collection services, the cast of searching
<br />records, obtaining title reports including foreclosure reports), surveyors' reports, and appraisal fees, title Insurance, and fees for the
<br />Trustee, to the extent permitted by applicable law. Treater also will pay any court costs, in addition to all other sums provided by
<br />law.
<br />Rights of Trustee. Trustee shall have all of the rights and duties of Lender as set forth In this section.
<br />POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee are part of this
<br />Deed of Trust:
<br />Powers of Trustee. In addition to all powers ct Trustee arising a matter of law, Trustee shall have the power to take the following
<br />actions with respect m the Property upon the written request of Lender and Tractor: (a) join in preparing and filing a map or plat of
<br />the Real Property .-- holumng the admiration of streets or other rights to the public: lot join in granting any easement or creating any
<br />restriction on the Real Property; and Icl join In any subordination or other agreement affecting this Deed of Trust or the Interest of
<br />Lender under this Deed of Trust.
<br />Trustee. Trustee shall meet a1I qualifications required for Trustee under applicable law. In addition to the rights and remedies set
<br />forth above, with respect to all or any part of the Property, the Trustee shall have the right to foreclose by notice and sale, and Lender
<br />shall have the right to foreclose by judicial foreclosure, tit either case in accordance with and to the full extent Provided by applicable
<br />law
<br />Successor Trustee. Lender, at Lender's Option, may from time to time appoint a successor Trustee to any Trustee appointed under
<br />this Deed of Trust by an instrument executed and acknowledged by Lender and recorded in the office of the recorder of Hall County,
<br />State of Nebraska. The instrument shall contain, in addition to all Other matters required by state law, the names of the original
<br />Lender, Trustee, and Truster, the back and page (or computer system reference) where this Deed of Trust is recorded, and the name
<br />and address of the successur trustee, and the instrument shall be executed and acknowledged by all the beneficiaries under this Deed
<br />of Trust or their successors in Interest. The successor trustee, without conveyance of the Property, shall succeed to all the title,
<br />power, and duties aanferred upon the Trustee in this Deed of Trust and by applicable law. This procedure for substitution of Trustee
<br />shall govern to the exclusion of all ether provisions for substitution.
<br />NOTICES. Any notice required to be given under this Deed of Trust, including without limitation any notice of default and any notice of
<br />sale shall be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise
<br />required by law), when deposited with a nationally recognized overnight courier, or, it mailed, when deposited in the United States mail, as
<br />first class, certified or registered mall postage prepaid, directed to the addresses shown near the beginning Of this Deed of Trust. All
<br />copies of notices of foreclosure from the holder of any lien which has priority over this Deed of Trust shall be sent to Lender's address, as
<br />shown near the beginning of this Deed of Trust Any party may change its address for notices under this Deed of Trust by giving formal
<br />written notice to the other parties, specifying that the purpose of the notice is to change the party's address, For notice purposes. Trustor
<br />
|