|
.., DEED OF TRUST l~l1 p e
<br />Loan No: 14976' '~~ ,,,~ (Continued) 2 Q V 9 ~ 5 9 V 8 Page 3
<br />either as a whple, 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 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 />Ib) 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 Nots 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, tc the person or persons legally
<br />entitled thereto.
<br />(c) 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 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 nr hereafter in force; notwithstanding,
<br />sums 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 nr 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 pr 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 pr 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 Note or any of the Related Documents
<br />tc 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 be construed as prohibiting Lender from seeking a deficiency judgment against the Trustor to the
<br />extent such action is permitted by law. Election by Lender to pursue any remedy shall not exclude pursuit of any ether remedy, and
<br />an election to make expenditures or to take action to perform an obligation of Trustor under this, Deed of Trust, after Trustor'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 Lander, 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 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 taw, Lender's attorneys' fees and Lender's legal expanses,
<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 injunotion-, appeals, and any anticipated post-judgment collection services, the cost of searching
<br />records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fans, title insurance, and fees for the
<br />Trustee, tc the extant permitted by applicable law. Trustor also will pay any court costs, in addition to all other sums provided by
<br />law.
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
<br />Governing Law. Thia Dead of Trust will be governed by federal law applicable to Lender and, to the extent oat ,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 />Choice of Venue. If there is a lawsuit, Trustor agrees upon Lender's request to submit to the jurisdiction of the courts of ADAMS
<br />County, State of Nebraska.
<br />Time is of the Essence. Time is of the essence in the performance of this Deed of Trust.
<br />Waiver of Homestead Exemption. Trustor hereby releases. and waives all rights and benefits of the homestead exemption laws of the
<br />State of Nebraska as to all Indebtedness secured by this Deed of Trust.
<br />DEFINITIONS. The following capitalized words and terms, shall have the following meanings. when used in this Deed of Trust. Unless
<br />specifically stated to The contrary, all references to dollar amounts shall mean amounts in lawful money of the United States ot. America.
<br />Words 'and terms used in the singular shall include the plural, and the plural shall include the singular, as the context may require. Words
<br />and terms not otherwise defined in this Dsed of Trust shall have the meanings attributed to such terms in the Uniform Commercial Code:
<br />Beneficiary. The word "Beneficiary" means FIVE POINTS BANK OF HASTINGS ,and its successors and assigns.
<br />Borrower. The word "Borrower" means BRUCE G LUX and PAMELA S LUX and includes all co-signers and co-makers signing the
<br />Note and all their successors and assigns.
<br />Dsed of Trust. The words "Deed of Trust" mean this Desd of Trust among Trustor, Lender, and Trustee, and includes without
<br />limitation all assignment and security interest provisions relating to the Personal Property and Rents.
<br />Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances
<br />relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental
<br />Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA"-, the Superfund
<br />Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA"1, the Hazardous Materials Transportation Act, 49 U.S.C.
<br />Suction 1801; et seq., the Resource Canservatian and Recovery Act, 42 U.S.C: Section 6901, gt-seq., or other applicable stars or
<br />federal laws, rules, or regulations adopted pursuant thereto.
<br />Event of Default. The words "Event of Default" mean any of the events of default set forth in this Deed of Trust in the events of
<br />default section of this Dead of Trust.
<br />Guaranty. The ward "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to Lender, including
<br />without limitation a guaranty of all or part of the Note.
<br />Improvements. The word "Improvements" means all existing and future improvements, buildings, structures, mobile homes affixed on
<br />the Real Property, facilities, additions, replacements and other construction on the Real Property.
<br />Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expanses payable under the Note
<br />nr Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions far the Note
<br />or Related Documents and any amounts expended or advanced by Lender to discharge Truster's obligations or expenses incurred by
<br />Trustee or Lender to enforce Trustor's obligations under this bead of Trust, together with interest on such amauhts as provided in this
<br />Deed of Trust. .Specifically, without limitation, indebtedness. includes the future advances set forth in the Future Advances provision
<br />of this Deed of Trust, together with all interest thereon.
<br />Lender. The word "Lender" means FIVE POINTS BANK OF HASTINGS ;its successors and assigns.
<br />Note. The word "Note" means the promissory note dated July 16, 2009, in the original principaF amount of 5214,085.50
<br />from Trustor to Lender, together with all renewals of, extensions of, modifications of, refinancings af, consolidations of, and
<br />substitutions far the promissory note or agreement. The maturity date of this Deed of Trust is August 16, 2014.
<br />Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or
<br />
|