|
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br /> ;r r 241046537
<br /> DEED OF TRUST
<br /> Loan No: 101234338 (Continued) Page 6
<br /> invalidate any act done in response to such default or pursuant to such notice of default; and, notwithstanding the
<br /> continuance in possession of the Property or the collection, receipt and application of rents, Issues or profits, Trustee or
<br /> Lender shall be entitled to exercise every right provided. for in the Note or the Related Documents or by law upon the
<br /> occurrence of any event of default, including the right to exercise the power of sale;
<br /> Ibâ–º Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver or specifically enforce any of the
<br /> covenants hereof; and
<br /> (c) Deliver to Trustee a written declaration of default and demand for sale and a written notice of default and election to
<br /> cause Trustor's interest in the Property to be sold, which notice Trustee shall cause to be duly filed for record in the
<br /> appropriate offices of the County in which the Property is located; and
<br /> (d) With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party
<br /> under the Nebraska Uniform Commercial Code.
<br /> Foreclosure by Power of Sale. If Lender elects to foreclose by exercise of the Power of Safe herein contained, Lender shall notify
<br /> Trustee and shall deposit with Trustee this Dead 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 /> (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 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 safe to payment of (i) all sums expanded under
<br /> the terms of this Dead of Trust or under the terms of the Note not then repaid, including but not limited to accrued interest
<br /> and late charges, III) 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 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 or hereafter in force; notwithstanding,
<br /> some or all of such indebtedness and obligations secured by this Dead 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 Dead 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 gdditio'h'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 Lander, 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 other remedy, and
<br /> an election to make expenditures or to take action to perform an obligation of Trustor under this.Dead 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 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 ent6rce arty 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 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 injunction), appeals, and any anticipated post-judgment collection services, the cost 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. Trustor 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 />
|