|
244945559
<br />' DEED OF TRUST
<br />Loan No: 101222722:.. (COntrnu~d~ Page B
<br />(c1 Deliver to Trustee s vvritten declaratien of default and demand for sale and a written notice of default and election to
<br />• - - cause Truster's interest in the Property to be sold; -which notice Trustee shall cause to be duly filed far record. in .the
<br />appropriate offices of the County in which the Property is located; and
<br />(d) With respect to alt or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party
<br />under the Nebraska Unitorm Commercial Code:
<br />Foreclosure by Power of Sale. If Lender elects to foreclose by exercise of the Power of Sale herein contained, Lender shall notify
<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 Dead of Trust as Trustee may require.
<br />la- Upon receipt of such notice from Lender, Trustee shall cause to be recorded, published and delivered to Trustor such
<br />Notice of pefault 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 purchasers thereof its good and sufficient deed pr deeds aenveying 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 thereef. Any person, including without limitation Trustor, Trustee, or Lender, may
<br />purchase at such sale.
<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 li- all sums expended under
<br />the terms of this Deed of Trust or under the terms of the Note not then repaid, including but oat limited to accrued interest
<br />and late charges, lii- all other sums then secured hereby, and (iii) the remainder, if any, to the person or persons legally
<br />entitled thereto.
<br />(c) :Trustee may in the manner-provided bylaw postpone sale at aP4 or any portion of the Property.
<br />Remedies Npt Exclusive. Trustee and Lender, ,and each of them, shall be entitled to enforce payment and performance of any
<br />indebtetlnass 6r obligations'9enuie'd by Phis Deed of Trust and to exercise aIF rights and powers under this Deed of Trust, under the
<br />Nate, under any of the R'elated' 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 pf Trust' npr 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 pr in any
<br />manner affect Trustee's or Lender's right to realize upon or enforce any other security now ar 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 pf 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 tv 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 Note or any of the Related Documents
<br />i,, to Trustee or Lender or to which either of them maybe 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 incgnsistent remedies.
<br />Nothing in this Deed of Trust shall be construed as prohibiting Lander from seeking a deficiency judgment against the Trustor to the
<br />extent such action is permitted 6y law: Electiori by Lender to pursue any. remedy shall not exclude pursuit of any other remedy, and
<br />an election to make. experidifures or to take action to perform an obligation of Trustor under this Deed of. Trust, after Truster's•failure
<br />to perform; shall not affect Lender's right to.declare 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 Deed of Trust be mailed 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 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 ar 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 Nota rate from the data 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 />vacate any automatic stay or injunctionl, appeals, and any anticipated post-judgment collection services, the cost of searching
<br />records, obtaining title reports (including foreclosure reportsl, surveyprs' reports, and appraisal fees, title insurance, and fees for the
<br />Trustee, to the extent permitted by applicable law. Trustor alsp 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 ANp OBLIGATIONS OF TRUSTEE. The following prpvisipns relating tp the powers and obligations of Trustee are part of this
<br />Deed of Trust:
<br />Powers of Trustee. In addition to all powers of Trustee arising as a matter pf 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: la- 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; (bl 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 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, and Lender
<br />
|