|
o��� o� rRUST 2 O 10 U 7 8 S 3
<br />" '° ' (Continued) Page 5
<br />(b) 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 />Ic) 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 af the County in which the Property is located; and
<br />(d) With respect to all ar any part of the Personai 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 5ale. 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 l�y this beed of Trust as 7rustee may require.
<br />(s) Upon raceipt at such nptice frvm Lender, Trustee shall cause to be recarded, published and dalivered to Trustor such
<br />Notice af bsfault and Notice nf Sale as then required by law and by this Deed of Trust. Trustee shall, without demand on
<br />Trustar, after such time as may then be required by law and after recordation of such Notica of �efault and after Notice vf
<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 ihe highest bidder for cash in lawful money of the United S[ates 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 withoui any covenant ar warranty, express or implied. The recitals in such deed of any matters or facts shall be
<br />conclusive proof of the truthfulness therepf. Any persan, including withput limitatian Trustor, Trustee, or Lender, may
<br />purchass at such sala.
<br />(b) As may be permitted by law, after deducting ail costs, fees and expenses of Trustee and of this Trust, including costs of
<br />evidence af title in connection with sale, Trustee shall apply the proceeds of sale to payment of (i) all sums expended under
<br />the terms af this Deed vf Trust or under the terms of the Note not then repaid, including but nat limited ta accrued interest
<br />and late charges, (ii► all ather sums then secured hereby, and (iii) the remainder, if sny, to the psrson or persons legally
<br />entitled thereto.
<br />(c► Trustee may in the manner provided by law pos#pone sale of all or any portion of the Property.
<br />Remedies Not Exclusive. 7rustee and Lender, and each of them, shall be entitled ta snforce 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 />Nbte, under any of the Related Documsnts, or under any other agreement or any laws now or heresfter in fqrce; notwithstanding,
<br />same pr all of such indebtedness and obligatians secured by this peed of Trust may now or hereaiter be otherwise secured, whethsr
<br />py 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 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 nf 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 addition to every other remedy given in this Deed of Trust or
<br />now pr hereaiter existing at law ar in equity or by statute. �very power or remedy given by the Note or any of the Related pocuments
<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 expediant by Trustee or Lender, and either of them may pursue inconsistant ramedies.
<br />Nothing in this Deed of Trust shall be construed as prohi6iting 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 vr to take action to perform an obligation of Trustor under this Deed of Trust, after Trustor's failure
<br />ta perform, shall nat affect Lendsr's right to declare a default and exercise its remedies.
<br />Requeat for Notice. 7rustar, an behalf af 7rustor and Lender, hereby requests that a copy of any Notice of befault and a copy of any
<br />Notics of Sala under this Qeed af Trust be mailed to them at the addresses set forth in the first paragraph ofi this Deed of Trust.
<br />Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this �eed 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 />epurt action is involved, and to the extent nat 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' feas and Lender's legal expBnses,
<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, abtaining title repvrts (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 />PUWERS AND 08LIGATIONS 0� TRUSTEE. 7he tollnwing provisians relating to the powers and obligations of Trustee are part of this
<br />Deed of Trust:
<br />Powers of Trustee. In addition to all powars 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 preparing and filing a msp or plat of
<br />the Real Property, including the dedication of streets or other rights to the public; (b) join in granting any easement or creating any
<br />restriction vn #he Real Property; 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 />Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. In addition to the rights and remedies set
<br />fprth above, with respect to all or any part of the Property, the Trustee shall have the right to fpreclpse by notice and sale, and Lender
<br />shall hsve the right to foreclose by judicial foreclosure, in either cese in accordance with and to the full extent provided by applicable
<br />law.
<br />Successpr 7rustae. Lender, at Lender's option, may from time to time appoint a successor Trustee to any Trustee appointed under
<br />this Deed pf Tru�t by en irngtrumentsxecuted and ackwowledged by-I�ender and recorded-irt the office of the recnrder of Hall Caunty,
<br />State of Nebraska. The instrument shall contafn, in additipn ta all ather matters requirad hy state law, the nsmes of the original
<br />Lender, Trustee, and Trustor, the book and page (or computer system reference► whera this Deed of 7rust is recorded, and the name
<br />and address of the successor trustee, and the instrument shall be executed and acknowledged by all the beneticiaries under this �eed
<br />of Trust or their successors in interest. The successor trustee, without conveyance of the Property, shall succeed to all the title,
<br />power, and duties conferred upon the Trustee in this Deed of Trust and by applicable law. This procedure for substitution of Trustee
<br />shall govern to the exclusion of all other provisions for substitution.
<br />NOTICES. Any notice requirad to be given under this Deed of Trust, including without limitation any notice of default and any notice of
<br />sale shall be given in writing, and sh�ll be effective when actually delivered, when actually received by telefacsimile (unless otherwise
<br />required by law►, when deposited with a nationslly recagnized overnight courier, or, if mailed, when deposited in the United 5tates mail, as
<br />first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Deed of 7rust. All
<br />copies of notices of forsclasure from the holder of any lien which has priority over this Deed of Trust shall be sent to Lender's address, as
<br />shown near the beginning of this Deed of 7rust. Any party may change its address for notices under this Deed of Trust by giving formal
<br />written notice to the other parties, specifying that the purpose of the natice is ta change the party's address. For notica purppses, Trustar
<br />agrees to keep Lender informed at all times vf Trustor's current address. Unless otherwise provided or required by law, if there is more
<br />than one Trustor, any notice givan by Lsnder to any Trustor is deemed to be notice given to all Trustors.
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
<br />
|