|
DE Con�t nuedl �� 1 � ���$ s Page fi
<br />Property ar protect the security of the Property; and, with ar without taking possession of the Property, sue for or otherwise
<br />collect the rents, issues and profits of the Property, including those past due and unpaid, and apply the same, less costs and
<br />expenses of operation and collection attarneys' fees, ta any indebtedness secured by this �eed of Trust, all in such order as
<br />Lender may determine. The entering upon and taking possessian of the Property, the collectian af such rents, issues and
<br />profits, and the application thereof shall not cure or waive any default or notice af default under this �eed of 7rust or
<br />invalidate any act done in response to such default or pursuant to such notice of detault; and, notwithstanding the
<br />continuance in possession of the Property ar the collection, receipt and application of rents, issues or profits, Trustee or
<br />Lender shall 6e entitled ta exercise every right provided for in the Note or the Related Documents or by law upon the
<br />occurrence af any event of default, including the right to exercise the power of sale;
<br />(b) Commence an action ta foreclose this Deed of Trust as a mprtgage, appoint a receiver or specifically enforce any of the
<br />covenants hereof; and
<br />(c1 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 natice Trustee shall cause ta be duly filed for recnrd in the
<br />appropriate offices af the County in which the Property is lacated; and
<br />(d) With respect to all or any part of the Personal Property, Lender shall heve ail the rights and remedies of a secured party
<br />under the Nebraska Uniform Cammercial Gode.
<br />Foreclosure 6y Power of Sale. If Lender elects to foraclase by exercise of the Pawer of Sale herein contained, Lender shall notify
<br />Trustae and shall deposit with Trustee this Deed of Trust and the Note and such receipts and evidence of expenditures made snd
<br />secured by this Deed af Trust es Trustee may require.
<br />(a) Uppn receipt of such notice from Lender, Trustee shall cause to ba recorded, published and delivered to Trustor such
<br />Notice of Default snd Notice of Sale as then required by law and by this Deed of Trust. Trustee &hall, without demand on
<br />Trustnr, after such time as mey then be required 6y law and after recordation of such Notice vf 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 5ale,
<br />either as a whole, or in separate lots or parcels or items as Trustee shall desm expedient, and in such arder as it may
<br />determine, at public auction to the highest bidder for cash in lawtul money of the United States payable at the time pf sale.
<br />Trustee shall deliver to such purchaser or purchasers thereof its gpod and sufficient deed or deeds conveying the property so
<br />sold, but without eny covenant or warranty, express or implied. The recitals in such deed of any matters or facts shall be
<br />cpnclusive proof of the truthfulness thereof. Any persan, including without limitation Trustar, Trustee, or Lender, may
<br />purchase at such sale.
<br />Ib1 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 titls in connection with sale, Trustee shall apply the proceeds of sale to payment of (i) all sums expended under
<br />the terms nf this Deed of Trust or undar the terms of the Note not then repaid, inctuding but not limited to accrued interest
<br />and late charges, (ii) all other sums then secured hareby, and (iii) the remainder, if any, to the person or persons legally
<br />entitled thereto.
<br />(c) Trustee may in the manner pravided by law postpone sala of all or any portion of the Property.
<br />Fiemedies Not Exclusive. Trustee and Lender, and each of them, shall be entitled ta enforce payment end performance af any
<br />indebtedness ar obligetians secured by this Deed af Trust and to exercise all rights and powers undar 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; nptwithstanding,
<br />some or all of such indebtedness end 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 6y 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 enfprce any other security npw 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 nr
<br />hereafter held by Lender or Truatae in such order and manner as they or either of them may in their absolute discretion determina. Nq
<br />remedy conferred upan or reserved to Trustee or Lender, is intendad to be exclusive of any ather remedy in this Deed of Trust or by
<br />law provided or permitted, 6ut each shall be cumulative and shall be in addition to every other remedy given in this Deed of Trust nr
<br />naw ar hereafter existing at law or in equity or by statute. Every power or remedy given by the Note ar any of the Related Qocuments
<br />tp Trustee or Lender or to which either of them may ba 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 e deficiency judgment egainst the Trustor to the
<br />extent such action is permitted 6y law. Election by Lender to pursue any remedy shall not excluda pursuit of any other remedy, and
<br />an election to make sxpenditures or to taka action tn perform an obligativn of Trustor under tFiis Deed of Trust, after Trustor's failure
<br />to perform, shell not affect Lender's right to declare a default and exarcise its remedies.
<br />Fiequest for Natice. Trustor, on behalf of Trustor and Lender, hereby requests that a copy of any Notice of pefault and a copy of any
<br />Notice af Sale under this Deed of Trust be mailed to them at the addresses set forth in #he first paragraph of this Deed of Trust.
<br />Attorneys' Fees; Expenses. If Lender institutes any suit ar action to enfarce any of the terms at 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 upan any appeal. Whether or not any
<br />court action is involvsd, 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 #he protection of its interest ar 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 l�y 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 />vacete any automatic stay or injunction►, appeals, and any anticipated past-judgment collection services, the cost of searching
<br />records, obtaining title reports (including foreclosura reports►, surveyors' reports, and appraisal fees, title insurance, and fees for the
<br />Trustee, to the extent permitted hy applicabls law. Trustor also will pay any court costs, in addition to all other sums provided by
<br />law.
<br />
|