|
, ; � �, ;
<br />Loan No: 101237797 ��(Co � nuedlST 2 0110 0 4 6 3 page 6
<br />expenses of operation and collection attorneys' fees, to any indebtedness secured by this Deed of Trust, all in such order as
<br />Lender may determine. The entering uppn and taking possession 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 nf default under this Deed of Trust or
<br />invalidate any act done in response to such default or pursuant to such notice of default; and, notwithstanding the
<br />continuance in possessinn of the Property or the collec#ion, receipt and spplication 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 />(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 />(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 tp be sold, which nptice Trustee shall cause to be duly filad fpr record in the
<br />appropriate offices of the Cpunty in which the Property is loceted; 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 />Foraclosure by Power of Sala. If Lender elects ta foreclose by exerCise pf the Power of Sale herein contained, Lender shall notify
<br />7rustee and shall deposit with 7rustee this Deed of Trust and the Note and such receipts and evidence of expenditures mede and
<br />secured by this beed of Trust as Trustee may require.
<br />(a) Upon receipt of such notice from Lender, Trustee shell 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 damend on
<br />Trustor, after such time as may then be required by law and after recordation of such Notice of Default and after Nntice nf
<br />Sale having been given as required by law, sell the F'roperty 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 Trustes 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 sutficient deed or deeds conveying the property sn
<br />sold, but without any covenant or warranty, express nr 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, nr Lender, may
<br />purchase at such sale.
<br />(b) As may be permitted by lew, after deducting all costs, fees and expenses of 7rustee and nf this Trust, including costs of
<br />evidence of title in connection with sale, Trustee shall apply the proceeds nf sals to payment of (i) all sums expended under
<br />the terms nf this Deed of Trust or under the terms of the Note nnt then repaid, including but not limited to accrued interest
<br />and late charges, (ii) all other sums then secured hereby, and fiii) the remainder, if any, to the persnn or persons legally
<br />entitled thereto.
<br />(c) Trustee may in the manner provided by law postpone sale of all or any portinn af 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 ar o6ligations secured by this Deed of Trust and to exarcise all rights and powers under this Deed of Trust, under the
<br />Note, under any of the Related Documen#s, pr under any other agreement or any laws now or hereafter in force; notwithstanding,
<br />some or all of such indebtedness and obligations sacured by this Deed ot Trust may now or hereafter be otherwise senursd, whether
<br />by mortgage, deed of trust, pledge, lien, assignment ar otherwise. Neither the acceptance of this Deed of 7rust nnr its enforcement,
<br />whether by court action or pursuant to the power of sale or other powers contained in this Deed nf 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 nr
<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 ar by
<br />law provided or permittad, but each shall be cumulative and shall 6e in addition 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 givan 6y the Note or any of the Related Documents
<br />to Trustee or Lender or to which either af 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 Lender, end 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 nat 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 Deed 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 Motice. Trustor, on behalf of 7rustor 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 7rust be mailed to them at the addressas set torth in #he first paragraph of this Deed of Trust.
<br />Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Deed of Trust, Lender shall be
<br />entitled to recover such sum es 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 Inde6tedness payable
<br />on demand and shall bear interest at the Nate rate from the date nf 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 aftorts #o modify or
<br />vacate any automatic stay or injunction), appeals, and any anticipated post-judgment callection services, the cost of searching
<br />records, abtaining title reports (including foreclosure reportsl, surveyors' reports, and appraisal fees, title insurenCe, and fees for the
<br />Trustee, to the extent permitted by epplicable law. Trustar alsn will pay any court costs, in addition tn all other sums provided by
<br />law.
<br />Rights of Trustee. Trustee shall have all of the rights end duties of Lender as set forth in this section.
<br />
|