|
D�EDOFTRUST zoi�0005s
<br />�oan No: �n�z37�0� (Continued) Page 5
<br />expenses of pperation and collectipn attorneys' fees, ta any indebtedness secured by this Deed of Trust, all in such prder as
<br />Lender may determine. The entering upon and taking possessinn of the Property, the collection of such rents, issues and
<br />profits, and the application thereof shall not cure or waive any default or notice of default under this Deed of Trust or
<br />invalidate any act done in responsa to such default or pursuant to such notice of default; and, notwithstanding the
<br />continuance in possession of the Property or the callection, receipt and applicatiqn of rants, issues or profits, Trustse or
<br />Lender shall be enti[led to exercise every right provided fnr in the Nate or the Related Documents or by law upon the
<br />occurrence ot any event af default, including the right to exercise the power of sale;
<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; end
<br />(c) Deliver to 7rustee 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 Prpparty, Lander shall have all the rights and remedies of a securad party
<br />under the Nebraska Uniform Commercial Code.
<br />Foreclosure by Power of 5ale. If Lender elects to foreclose by exercise pf the Ppwer of 5ale 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 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 6y law and by this �eed of Trust. Trustee shall, without demand on
<br />7rustar, after such tima 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 Prop�rty at the time and place of sale fixed by it in such Notice of 5ale,
<br />either as a whnle, 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 5tates payable at the time of sale.
<br />Trustae shall deliver to such purchaser or purchasers thereof its good and sufficient deed or deeds canveying the property so
<br />sold, but without any covenant or warranty, express or implisd. The recitals in such deed nf any matters or facts shall be
<br />ennclusive proof of the truthfulness thereof. Any person, including without limitation Trustor, Trustee, or Lender, may
<br />purchase at such sale.
<br />(b) 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 Daed of Trust or under the terms of the Note 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, to the person or persons legally
<br />entitled thereto.
<br />(c) Trustee may in the menner provided by law postpone sale af all or any pvrtion nf the Prnperty.
<br />Remadies Not Exclusive. Trustee and Lender, and each of them, shall be entitlad tp enfbrce payment and performance of eny
<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 ihe Related Documents, or under any other agreement or any laws now or hereafter in force; notwithstanding,
<br />some or all of such indabtednBss and obligations securad by this qeed of Trust may now or hereafter ba atherwise secured, whether
<br />by mortgage, deed of trust, pledge, lien, assignment ar otherwise. Neither the acceptance ot this peed vf Trust nor its enforcement,
<br />whether by court action or pursuant to the power of sale or other pnwers cnntained in this Deed of Trust, shall prejudice nr in any
<br />manner affect 7rustee's or Lender's right to realize upon or enforce any other security now or hereatter held by Trustee or Lender, it
<br />being agread that Trustaa and Lender, and each of tham, shall be entitled to enforce this Daed pf Trust and any other security now or
<br />hereafter held by Lender pr Trustee in such order and manner as they nr either of them may in their absolute discretipn determine. No
<br />remedy conferred upon or reserved to Trustee or Lender, is intended ta be exclusive of any other remedy in this Deed of Trust nr by
<br />law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given in this peed ot Trust or
<br />now or hereafter existing at law or in equity ar by statute. �very power or remedy given by the Note or any af the Related Documents
<br />tb Trustee or Lender or to which either bf them may be otherwisa entitled, may be axercised, concurrently pr 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 l.ender from seeking a deficiency judgment against the Trustor to the
<br />extent such action is permitted by law.
<br />Election of Remedies. All nf Lender's rights and remedies will 6e cumulative and may bs exercised alqne or together. If Lender
<br />decides to spend money or to perform any of Trustor's obligations under this Deed of Trust, after Trustor's failure to do so, that
<br />decision by Lender will not affect Lender's right to declare Trustor in default and ta exercise Lender's remedies,
<br />Request for Notice. Trustor, on behalf of Trustor and l.ender, 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 tha addresses set forth in the first paragraph of this Deed of Trust.
<br />Attorneys" �ees; �xpenses. If Lender institutes any suit or action to enforce any of [he terms of this Deed of Trust, Lender shall be
<br />entitled to recover such sum as the court may adjudge reasonable as attarnays' feas at trial and upon any appeal. Whether pr 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 interast or the enforcement of its rights shall become a part of the Indebtedness payable
<br />on demand and shall bear interest at [he Note rate from the date nf the expenditure until repaid. Expenses cnvered by this paragraph
<br />includa, without limitation, howevar 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 end expenses for bankruptcy proceadings (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, 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 cnurt costs, in addition to all other sums pravided by
<br />law.
<br />
|