|
�oioo9so5
<br />operation and collection, including attorney's fees, upon any indebtedness secured hereby, all in such
<br />order as Beneficiary may determine. The entering upan and taking possession of the Trust Estate, the
<br />collection of such rents, issues and profits and the application therepf as aforesaid, shall not cure or waive
<br />any default or notice af default hereunder or invalidate �ny act done in response to such default or
<br />pursuant to such notice of defautt and, natwithstanding the continuance in possession of the Trust Estate
<br />or the collection, receipt and application of rents, issues or profits, Trustee or Beneficiary shall be entitled
<br />to exercise every right provided for in any of the Loan Instruments or by law upon occurrence of any event
<br />of default, including the right to exercis� th� power of sale;
<br />(b) Commence an actian to foreclose this Ueed of Trus# as a mortgag�, appoint a receiver, or
<br />specifically enforce any of the covenants hereof;
<br />(c) beliver to Trustee a written declaration of default and demand for sale, and a written notice of
<br />default and election to cause Trustor's interest in the Trust Estate ta be sold, which notice Trustee shall
<br />cause to be duly filed fqr record in the appropriate Official Records nf khe County in which the Trust Estate
<br />is located.
<br />11. FORECLOSURE BY POWER OF SALE., Should Beneficiary elect to foreclose by exercise of
<br />the Power af Sale herein contained, Beneficiary shali notify Trustee and shall deposit with Trustee this
<br />�eed of Trust and the Note and such rece�ipts and evidence of expenditures made and secured hereby as
<br />Trustee may r�quire.
<br />(a) Upon receipt af s�ich notice from Beneficiary, Trus#ee shall cause #o be recorded, pubiished
<br />and deliuered to Trustor such Notice of pefault and Nakice of Sale as then required by law and by khis
<br />beed of Trust. Trustee shall, without demand on Trustar, after such time as may then be required by law
<br />and after recordation of such Notice of Defaul# and after Notice of Sale having been given as r�quired by
<br />law, sell the Trust Estate at the time and place af sale fixed by it in such Notice of Sale, either as a whole,
<br />or in separate lats or parcels or items as Trus#ee shall deem expedient, and in such order as it may
<br />determine, ak public auction to the highest bidder for cash, in lawful money pf the United States, payable at
<br />the time af sale. Trustee shall deliver to such purchaser or purchasers thereof, its gaad and sufficient
<br />deed ar deeds, conveying #he property sa sold, but withouk any covenant or warranty, express or implied.
<br />The recitals in such deed of any matters ar facts shall be conclusive prooF of the truthfulness thereof. Any
<br />person, including, without limitation, Trustor, Trustee, and Beneficiary, may purchase at such sale, and
<br />Trustar hereby covenants to warrant and defend the title af such purchaser ar purchasers.
<br />(b) As may be permitted by law, after deducting all costs, fees, expenses of Trustee and qf this
<br />Trust, including casts of evidence of title in connection with sale, Trustee shall apply the proc�eds of sale
<br />to payment of (i) all sums expended under the terms hereof, not then repaid, with accrued interest at 12
<br />percent per annum, (ii) all other sums then secured hereby, and (iii) the remaind�r, if any, to the person or
<br />persons legally enti#led thereto.
<br />(c) Trustee may, in the manner pravided by law, postpone sale af all or any portion of the �Trustee
<br />Estate.
<br />12. REMEDIES NOT EXCLUSIVE� T�rustee and Beneficiary, and each af them, shall be entitled
<br />ta enforce payment and performance of any indebkedness or obligations secured hereby and kv exercise
<br />all rights and pawers under this C�eed of Trust or under any Laan Instrum�nt or other agreement or any
<br />laws now ar hereafter in force, notwithstanding some or all of the such indebtedness and obligations
<br />secured h�reby may now or ttereafter be otherwise secured, whether by martgage, deed of trust, pledge,
<br />lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforc�ment whether
<br />by court action or pursuant to the power of sale or other powers herein cankained, shall prejudice or in any
<br />manner affect Trustee's or B�neficiary's right to realize upon or enforce any other security now or
<br />hereafter held by Trustee or Beneficiary, it being agreed th�t Tr�istee and Ben�ficiary, and each of them,
<br />shall b� entitled to enforce this Deed of Trust and any other security now or hereafter held by �3eneficiary
<br />or Trustee, in such order and manner as they ar either of them may in their absolute discretian determine.
<br />No remedy herein conferred upon or reserved to Trustee ar �eneficiary is intended to be exclusive of any
<br />other remedy herein or by law provided or permikted, but �ach shall be cumulatiue and shall be in addition
<br />to every other remedy given hereunder pr now or hereafker existing at law or in equity or by Statute. Every
<br />power or remedy given by any c�f the Loan Instruments to Trustee or Beneficiary pr to which �ikh�r
<br />of them rnay be otherwise �ntitled, may be exercis�d, concurrently or independ�ntly, from time to time,
<br />and as often as may be deemed expedient by Trust�e or Beneficiary; and either af them may pursue
<br />inconsistent rem�dies. Nothing herein shali be construed as prohibiting Beneficiary from seeking a
<br />deficiency judgment against the Trustor to the ext�nt such actiqn is permitted by law.
<br />13. REQU�ST FOR NO�TICE� Trustor hereby requests a copy of any notice pf default, and that
<br />any notice af sale hereunder be rnailed ka it at the address set forth in the first paragraph of this Deed of
<br />Trust.
<br />14. GOVERNING LAW. This beed of Trust shall be governed by the laws of the State of
<br />Nebraska. In the event that any provision or clause of any of the L.oan Instruments conflicts with applicable
<br />laws, such canflicts shall not affect other provisions of such Loan Instruments which can be given effect
<br />
|