|
<br />~
<br />
<br />"
<br />
<br />Loan No: 806943
<br />
<br />DEED OF TRUST
<br />(Continued)
<br />
<br />200607254
<br />
<br />Page 5
<br />
<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 purchasers thereof its good and sufficient deed or deeds conveying the property so
<br />sold, but. without any covenant or warranty, express or imrlied. 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 rroceeds of sale to payment of (i) all sums expendod 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, (ii) all other sums then secured hereby, and (iii) the remainder, if any, to the rerson or rersons legally
<br />entitled thereto.
<br />
<br />(c) Trustee may in the manner provided by law postrone sale of all or any rortion of the Property.
<br />
<br />Remedies Not Exclusive. Trustee and Lender, and each of them, shall be entitled to enforce rayment and performance of any
<br />indebtedness or obligations secured by this Deed of Trust and to exercise all rights and rowers 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; notwithstlHlding,
<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, r1edge, 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 aHect Trustee's or Lender's right to realize uron or enforce any other security now or hereafter held hy 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 uron or reserved to Trustee or Lender, is intended to be exclusive of any othor remedy in this Deed of Trust or by
<br />law rrovided or permitted, hut 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 as 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 he construed as prohibiting Lender from seeking a deficiency judgment against the Trustor to the
<br />extent such action is permitted by law.
<br />
<br />Election of Remedies. All of Lender's rights and remedies will be Gumulative and may he exercised alone or together. If Lender
<br />decides to srend money or to perform any of Trustor's obligations under this Deed of Trust, after Trustor's failure to do so, that
<br />decision by Lender will not affect Lender's right to decline Trustor in default and to exercise Lender's remedies.
<br />
<br />Request for Notice. Trustor, on behalf of Trustor and Lender, hereby requests that a copy of any NotiGe 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. 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 />court action is involved, and to the extent not prohibited by law, all reasonable expenses L.ender incurs that in Lender's orinion are
<br />necessary at any time for the protection of its interest or the enforcement of its rights shall become a part of the Indobtedness payable
<br />on demand and shall bear interest at the Note rate from the date of the exrenditure until repaid. Expenses covered by this paragraph
<br />include, without limitation, however subject to any limits under arrlicable law, L.ender's attorneys' fees and Lender's legal expenses,
<br />whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proGeedings (including oHorts to modify or
<br />vacate any automatic stay or injunGtion), arreals, and any anticirated post,judgment colleGtion services, the cost of searching
<br />reGards, obtaining title reports (including foreclosure reports), surveyors' rerorts, and arpraisal fees, title insurance, and fe0S for H1A
<br />Trustee, to the extent permitted by applicable law. Trustor also will pay any court 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 sot forth in this section.
<br />
<br />POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligMions 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 Lender and Trustor: (a) join in rreraring and filing a map or plat of
<br />the Real Property, including the dedication of streets or other rights to the public; (h) join in granting any easement or creating any
<br />restriction on the Real Prorerty; and (c) join in any subordination or other agreement affecting this Deed of Trust or the interest of
<br />Lender under this Deed of Trust.
<br />
<br />Trustee. Trustee shall meet all qualifications required for Trustee under arplicable law. In addition to the rights and remedies sot
<br />forth above, with respect to all or any rart of the Property, the Trustee shall have the right to foreclose by notice and sale, and Lender
<br />will have the right to foreGlose by judicial foreclosure, in either case in accordance with and to the full extent provided by applicable
<br />law.
<br />
<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 oHice of the recordAI' 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 />Lender, Trustee, and Trustor, the book and page (or computer system reference) where this Deed of Trust is recorded, and tho name
<br />and address of the successor trustee, and the instrument shall be executed and acknowledged hy all the beneficiaries under this Deed
<br />of Trust or their SUGGessors in interest. The successor trustee, without conveyance of the Property, shall sUGceed to all the title,
<br />power, and duties conferred uron the Trustee in this Deed of Trust and by aprlicable law, This procedure for substitution of Trustee
<br />shall govern to the exclusion of all other provisions for substitution.
<br />
<br />NOTICES. Any notice required to be given under this Deed of Trust, inGluding 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 Gourier, or, if mailed, when deposited in the United States mail, as
<br />first class, certified or registered mail rostage 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 rriority over this Deed of Trust shall be sent to Lender's address, as
<br />shown near the beginning of this Deed of Trust. Any person mny change his or her address for notices under this Dood of Trust by giving
<br />formal written notice to the other rerson or persons, speGifying that the purrose of the notice is to change the person's address. For
<br />notice rurposes. Trustor agrees to keer Lendor informed at all times of Trustor's current address. Unless otherwise provided or required
<br />by law, if there is more than one Trustor, any notice given by Lender to any Trustor is deemed to be notice given to all Trustors. It will be
<br />Trustor's responsibility to tell the others of the notice from Lender.
<br />
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
<br />
<br />Amendments. What is written in this Deed of Trust and in the Related Documents is Trustor's entire agreement with Lender
<br />concerning the matters covered by this Deed of Trust. To be effective, any change or amendment to this Deed of Trust must be in
<br />writing and must be signed by whoever will be bound or obligated hy the chlmge or amendment.
<br />
<br />Caption Headings. Caption headings in this Deed of Trust are for convenience rurroses only and are not to be used to interpret or
<br />define the rrovisions of this Deed of Trust.
<br />
<br />Merger. There shall be no merger of the interest or estate Greated by this Deed of Trust with any other interest or estate ill the
<br />Property at any time held by or for the benefit of Lender in any GapnGity, without the written consent of Lender.
<br />
<br />Governing Law. This Deed of Trust will be governed by federal law applicable to Lender and. to the extent not preempted by federal
<br />law. the laws of the State of Nebraska without regard to its conflicts of law provisions. This Deed of Trust has been accepted by
<br />Lender in the State of Nebraska.
<br />
|