|
DEED OF tRU
<br />(Continued)
<br />Foreclosure by Power of Sale. If Lender lects to foreclose by ex
<br />Trustee and shall deposit with Trustee thi Deed of Trust and the
<br />secured by this Deed of Trust as Trustee ay require.
<br />(a) Upon receipt of such notice fr
<br />Notice of Default and Notice of Sal
<br />Trustor, after such time as may thi
<br />Sale having been given as required
<br />either as a whole, or in separate
<br />determine, at public auction to the
<br />Trustee shall deliver to such purcha
<br />sold, but without any covenant or
<br />conclusive proof of the truthfulne:
<br />purchase at such sale.
<br />(b► As may be permitted by law, a1
<br />evidence of title in connection with
<br />the terms of this Deed of Trust or
<br />and late charges, (ii) all other sun
<br />entitled thereto.
<br />(c) Trustee may in the manner pro�
<br />Remedies Not Exclusive. Trustee and Lend
<br />indebtedness or obligations secured by this C
<br />Note, under any of the Refated Documents,
<br />some or all of such indebtedness and obligati�
<br />by mortgage, deed of trust, pledge, lien, assic
<br />whether by court action or pursuant to the p
<br />manner affeci Trustee's or Lender's right to r
<br />being agreed that Trustee and Lender, and ea
<br />hereafter held by Lender or Trustee in such or
<br />remedy conferred upon or reserved to Truste�
<br />law provided or permitted, but each shall be
<br />now or hereafter existing at law or in equity o
<br />to Trustee or Lender or to which either of thei
<br />to time and as often as may be deemed e�
<br />Nothing in this Deed of Trust shall be constri
<br />extent such action is permitted by law. Elec�
<br />an election to make expenditures or to take a
<br />to perform, shall not affect Lender's right to d
<br />i Lender, Trustee shall cau:
<br />as then required by law anc
<br />be required by law and aftE
<br />,r law, sell the Property at tf
<br />s or parcels or items as T�
<br />�hest bidder for cash in law
<br />�r or purchasers thereof its g
<br />3rranty, express or implied.
<br />thereof. Any person, incl
<br />• deducting all costs, fees
<br />le, Trustee shall apply the
<br />jer the terms of the Note
<br />then secured hereby, and
<br />ed by law postpone sale of
<br />of �
<br />and
<br />: to
<br />by
<br />The
<br />or
<br />r, and each of them, shal� be
<br />ed of Trust and to exercise all
<br />� under any other agreeme t or
<br />�s secured by this Deed of
<br />iment or otherwise. ' Neithe
<br />wer of sale or other power
<br />alize upon or enforce any o
<br />i of them, shall be entitled �
<br />er and manner as they or ei
<br />or Lender, is intended to bE
<br />�mulative and shall be in ac
<br />by statute. Every power or
<br />may be otherwise entitled,
<br />edient by Trustee or Lend�
<br />:d as prohibiting Lender froi
<br />m by Lenderto pursue any
<br />tion to perform an obligatioi
<br />clare a default and exercise
<br />the
<br />exc
<br />of
<br />Request for Notice. Trustor, on behaif of Tru�tor and Lender, hereby requ�sts
<br />Notice of Sale under this Deed of Trust be ma led to them at the addresses set
<br />Attorneys' Fees; Expenses. If Lender institul
<br />entitled to recover such sum as the court ma�
<br />court action is involved, and to the extent n�
<br />necessary at any time for the protection of its
<br />on demand and shall bear interest at the NotE
<br />include, without limitation, however subject t
<br />whether or not there is a lawsuit, including �
<br />vacate any automatic stay or injunction►, a
<br />records, obtaining title reports (including fore
<br />Trustee, to the extent permitted by applicabl
<br />law.
<br />Rights of Trustee. Trustee shall have ail of th
<br />:s any suit or action to enfo ce a
<br />adjudge reasonable as attor eys'
<br />t prohibited by law, all reas nab
<br />interest or the enforcement f its
<br />rate from the date of the e penc
<br />i any limits under applicable law,
<br />ttorneys'fees and expenses for
<br />�peals, and any anticipated pos
<br />:losure reports), surveyors' por
<br />; law. Trustor also wili pay any
<br />rights and duties of'Lender
<br />2 0110 2'7 9 3 page 5
<br />Power of Sale herein contained, Lender shall notify
<br />�h receipts and evidence of expenditures made and
<br />�e recorded, published and delivered to Trustor such
<br />iis Deed of Trust. Trustee shall, without demand on
<br />rdation of such Notice of Default and after Notice of
<br />: and piace of sale fixed by it in such Notice of Sale,
<br />shall deem expedient, and in such order as it may
<br />ney of the United States payable at the time of sale.
<br />id sufficient deed or deeds conveying the property so
<br />ecitals in such deed of any matters or facts shall be
<br />without limitation Trustor, Trustee, or Lender, may
<br />;nses ot Trustee and of this Trust, including costs of
<br />s of sale to payment of (i) atl sums expended under
<br />repaid, including but not limited to accrued interest
<br />remainder, if any, to the person or persons legally
<br />portion of the Property.
<br />ititled to enforce payment and performance of any
<br />hts and powers under this Deed of Trust, under the
<br />ny laws now or hereafter in force; notwithstanding,
<br />nay now or hereafter be otherwise secured, whether
<br />cceptance of this Deed of Trust nor its enforcement,
<br />ained in this Deed of Trust, shall prejudice or in any
<br />curity now or hereafter held by Trustee or Lender, it
<br />rce this Deed of Trust and any other security now or
<br />them may in their absolute discretion determine. No
<br />sive of any other remedy in this Deed of Trust or by
<br />to every other remedy given in this Deed of Trust or
<br />y given by the Note or any of the Related Documents
<br />e exercised, concurrently or independently, from time
<br />I either of them may pursue inconsistent remedies.
<br />:ing a deficiency judgment against the Trustor to the
<br />y shall not exclude pursuit of any other remedy, and
<br />ustor under this Deed of Trust, after Trustor's failure
<br />3t a copy of any Notice of Defauit and a copy of any
<br />th in the first paragraph of this Deed of Trust.
<br />� of the terms of this Deed of Trust, Lender shall be
<br />jes at triai and upon any appeal. Whether or not any
<br />expenses Lender incurs that in Lender's opinion are
<br />3hts shall become a part of the Indebtedness payable
<br />ue until repaid. Expenses covered by this paragraph
<br />ender's attorneys' fees and Lender's legal expenses,
<br />nkruptcy proceedings (including efforts to modify or
<br />�dgment coliection services, the cost of searching
<br />and appraisal fees, title insurance, and fees for the
<br />�urt costs, in addition to all other sums provided by
<br />forth in this section.
<br />POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions 'relatin to t e powers and obligations of Trustee are part of this
<br />Deed of Trust:
<br />Powers of Trustee. In addition to all powers f Trustee arising as a matte of I w, Trustee shall have the power to take the following
<br />actions with respect to the Property upon th written request of Lender a d T ustor: la) join in preparing and filing a map or piat of
<br />the Real Property, including the dedication o streets or other rights to th pu lic; (b► join in granting any easement or creating any
<br />restriction on the Real Property; and (c) join in any subordination or oth r ag ement affecting this Deed of Trust or the interest of
<br />Lender under this Deed of Trust.
<br />Trustee. Trustee shall meet all qualification required for Trustee under appli able law. In addition to the rights and remedies set
<br />forth above, with respect to aii or any part of the Property, the Trustee sh il ha e the right to foreciose by notice and sale, and Lender
<br />shall have the right to foreclose by judicial fo eclosure, in either case in a cord nce with and to the full extent provided by applicabie
<br />law.
<br />Successor Trustee. Lender, at Lender's opti n, may from time to time a poin a successor Trustee to any Trustee appointed under
<br />this Deed of Trust by an instrument execute and acknowledged by Lend r an recorded in the office of the recorder of Hall County,
<br />State of Nebraska. The instrument shall c tain, in addition to 811 othe ma ers required by state law, the names of the original
<br />Lender, Trustee, and Trustor, the book and p ge (or computer system ref renc 1 where this Deed of Trust is recorded, and the name
<br />and address of the successor trustee, and th instrument shall be execute an acknowiedged by all the beneficiaries under this Deed
<br />of Trust or their successors in interest. Th successor trustee, without con eyance of the Property, shall succeed to all the title,
<br />power, and duties conferred upon the Truste in this Deed of Trust and b ap icabie law. This procedure for substitution of Trustee
<br />shall govern to the exclusion of all other provi ions for substitution.
<br />NOTICES. Any notice required to be given undei
<br />sale shall be given in writing, and shall be effec
<br />required by lawl, when deposited with a nationall�
<br />first class, certified or registered mail postage p
<br />copies of notices of foreclosure from the holder o
<br />shown near the beginning of this Deed of Trust.
<br />written notice to the other parties, specifying thai
<br />agrees to keep Lender informed at all times of Ti
<br />than one Trustor, any notice given by Lender to ai
<br />MISCELLANEOUS PROVISIONS. The following m
<br />this Deed of Trust, includir
<br />Ive when actually delivered
<br />recognized overnight courie
<br />:paid, directed to the addrE
<br />any lien which has priority
<br />4ny party may change its a
<br />the purpose of the ndtice is
<br />istor's current address. Ur
<br />� Trustor is deemed to be rn
<br />provisions are a
<br />Amendments. This Deed of Trust, together ith any Related Document
<br />parties as to the matters set forth in this De of Trust. No alteration of
<br />given in writing and signed by the party or pa ties sought to be charged o
<br />Annual Reports. If the Property is used for urposes other than Trustor
<br />certified statement of net operating income r ceived from the Property d�
<br />Lender shall require. "Net operating inco " shall mean all cash rec
<br />connection with the operation of the Propert . ,
<br />� wit out limitation any notice of default and any notice of
<br />wh actually received by telefacsimile (unless otherwise
<br />, or, f mailed, when deposited in the United States mail, as
<br />>ses hown near the beginning of this Deed of Trust. All
<br />ver t is Deed of Trust shall be sent to Lender's address, as
<br />Idres for notices under this Deed of Trust by giving formal
<br />o ch nge the party's address. For notice purposes, Trustor
<br />ess therwise provided or required by law, if there is more
<br />tice iven to all Trustors.
<br />res
<br />this Deed of Trust:
<br />tutes the entire understanding and agreement of the
<br />idment to this Deed of Trust shall be effective unless
<br />by the alteration or amendment.
<br />nce, Trustor shall furnish to Lender, upon request, a
<br />istor's previous fiscal year in such form and detail as
<br />m the Property less all cash expenditures made in
<br />
|