|
<br />loan No: 101208635
<br />
<br />DEED OF TRUST
<br />(Continued)
<br />
<br />200602052
<br />
<br />Page 6
<br />
<br />Trustee and' shall deposit with Trustee this Deed of Trust and the Note and such receipts and evidence of expenditures made and
<br />secured by this Deed of Trust as Trustee may require.
<br />
<br />(a) Upon receipt of such notice from Lender, Trustee shall cause to be recorded, published and delivered to Trustor such
<br />Notice of Default and Notice of Sale as then required by law and by this Deed of Trust. Trustee shall, without demand on
<br />Trustor, after such time as may then be required by law and after recordation of such Notice of Default and after Notice of
<br />Sale having been given as required by law, sell the Property at the time and place of sale fixed by it in such Notice of Sale,
<br />either as a whole, or in separate lots or parcels or items as Trustee shall deem expedient, and in such order as it may
<br />determine, at public auction to the highest bidder for cash in lawful mOney of the United States payable at the time of sale.
<br />Trustee shall deliver to such purchaser or purchase~s thereof its good ariClsufficl\"f;t"ile~'d or'deeds conveying the property so
<br />sold, but without any covenant or warranty, express or implied. The recitals 'in such deed of any matters or facts shall be
<br />conclusive proof of the truthfulness thereof. Any person, including without limitation Trustor, Trustee, or Lender, may
<br />purchase at such sale.
<br />
<br />(b) As may be permitted by law, after deducting all costs, fees 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 (i) all sums expended under
<br />the terms of this Deed of Trust or under the terms of the Note not then repaid, including but not limited to accrued interest
<br />and late charges, Oi) all other sums then secured herehy, and (Hi) the remainder, if any, to the person or persons legally
<br />entitled thereto. '\
<br />
<br />ic) Trustee ",ayin the..manner provided by law postpone s<lIe of all or any portion.ofthePrope,rty. ..~._ .' ~.
<br />, , , "', ... '. ' " .. ':"\ >. -;-.l" ( . ~~ ~ ~ ;
<br />Remedies Not Exclusive. Trustee and Lender, and eac.h of them, shall be entitled to Einforce payment and performance 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 reali~e 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 held 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 />law 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 No'ie or any of the Related Dqcuments
<br />to Trustee or Lender. or to which either of them may be otherwise entitled,may be exerc;sed, concurrently or independentiy, from time
<br />to time and as often as may be deemed expedient by Trustee or Lender, and either of theiY: may pursue inconsistent remedies.
<br />Nothirigin this Deed of T rust shall be construed as prohibiting l.er,derf(cm s~ek:ng a defic:ency judgor.ent ilgainst the Trustor. to the
<br />extent such .action is permitted by law. Election by Lender to pursue any remedy shall not exclude pursuit of eny other remedy; and
<br />an election to make expenditures or to take action to. perform an ol;>ligation of Trustor under this Deed of Trust, (lfter Trustor's failure
<br />to perform, shnll not affecl Lendelr'S right to ded~r-e(l d~rault 'lnr1 ewrc;se ~lS r;3f~dles. .t
<br />
<br />. hequest for Notice. Trustor, on behalf of Trustor arid Lender, herebY requests that a copy of any Notice of Default and a copy of any
<br />Notice 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 />
<br />Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Deed of Trust, l.ender 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 />court action is involved, and to the extent not prohibited by law, all reasonable 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 bear interest at the Note rate 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 l.ender'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 />vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services, the cost of searching
<br />(ecords, obtaining title feports,!(includingforeciostJre reiiJortsli sur';,eyors' reports,andappraisaHees, title insuranr;e, and fees for the
<br />Trustee, to the extent permitted by applicable law. Trustor also wili pay any courl costs, in addition to all other sums provided by
<br />law.
<br />
<br />Rights of Trustee. Trustee shall have all of the rights and duties of Lender as set forth in this section.
<br />I . . -
<br />
<br />._..'.r,.'~'~".
<br />
<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 />
<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
<br />actions with respect to the Property upon the written request of l.ender and Trustor: . (a) join in preparing and filing a map or plat of
<br />the Real Property, including the dedication of streets or other rights to the public; (b) join in granting any easement or creating any
<br />restriction on the Real Property; and (c) join in any subordination or other agreement affecting this Deed of Trust or the interest of
<br />l.ender under this Deed of Trust.
<br />
<br />Trustee. Trustee shall meet all 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, arid Lender
<br />shall have the right to foreclose by judicial foreclosure, in either case in accordance with and to the full extent provided by applicable
<br />law.
<br />
<br />'~o
<br />
<br />Successor TrGstee: tende~,' 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 HAl.l. 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 />l.ender, Trustee, and Trustor, the book and page (or computer system reference) where this Deed of Trust is recorded, and the name
<br />
|