|
�� � � �� 201103654
<br />�'� -' `�� `� ` ' � a F � � DEED O� TRUST
<br />�. ,
<br />Loan No: 101241106 lContinued)
<br />may exercise any one or more ot the foflowing rfghts and remadies:
<br />Page 6
<br />Acceteration Upon Deteult; Additional Remedies. If any Event ot Detault occurs as per the terms of the Note secured hereby,
<br />Lender may declare ail Indebtedness securad by this Deed ot Trust to be due end payable and the same shell thereupon become
<br />due and payable without any presentment, demend or protest of any kind. Thereatter, Lender may:
<br />{a) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a caurt and
<br />without regard to tfie adequacy of its security, enter upon end teke possession of the Property, or any part thereof, in its
<br />own name or in the name of Trustee, and do any acts which it deems necessary or desirable to preserve the value,
<br />marketability or rentability ot the Property, or part of the Property or interest in the Property; increase the income from the
<br />Property or protect the security of the Proparty; and, with or without taking possession of the Property, sue for or otherwise
<br />colleot the rents, issues and profits of the Property, including those past due and unpeid, end apply the same, less costs and
<br />expenses of oparation end collection attorneys' fees, to any indebfiedness secured by this Desd of Trust, alt in such order as
<br />Lender may datermina. The entering upon and taking possession of the Property, the collection of such rents, issues and
<br />profits, end the application thereof shell not cure or weive any default or notice of default under this Deed ot Trust or
<br />inva(idate any ect done in response to such default or pursuant to such notice of default; and, notwithstanding the
<br />continuance in possession of the Property or the cotlection, receipt and appiication of rents, issues or profits, Trustee or
<br />Lender shall be entitled to exercise every right provided for in the Note or the Related Oocuments or by law upon the
<br />occurrence of any event of defauit, including the right to exercise the power of sale;
<br />(b} Commence an ection to foreclose thls Deed of Trust as a mortgege, appoint a receiver or specifically enforce eny of the
<br />covenants hereof; and
<br />(c) Deliver to Trustee a written decleration of default and demand far sals and a written notice of default and election to
<br />ceuse Trustor's interest in the Property to be sold, which notice Trustee shall cause to be duly tiled tor record in the
<br />appropriate offices of the County in which the Property is located; and
<br />id) With respect to all or any part af the Personal Property, Lender shall hava all the rights and remedies of a secured party
<br />under the Nebraska Uniform Commerciai Code.
<br />Foreclosure by Power of Sele. It Lender elects to foreclosa by exercise of the Power of Sale hereln conta(ned, Lender shall notify
<br />Trustae and shall deposit with Trustee this Deed of Trust and the Note and such receipts and evidence of expanditures made and
<br />secured by this Deed of Trust as Trustee may require.
<br />'"'°'� (a? Upon receipt of such notice from Lender, Trustee shaU cause to ba recorded, published and delivared to Trustor such
<br />Notice of Default and Not3ce of Sale as then required by law and by this Daed of Trust. Trustee shall, without demand on
<br />— Trustor, after such time as may then be required by law snd after recordation of such Notfce of Default and after Notice of
<br />Sale having been given as required by law, sell the Property at the time end place of sale flxed by it in such Notice of Sale,
<br />either as a whole, or in separate lots or parcals or items as Trustee shall deem expedient, end in such order es it may
<br />determine, at public euction to the highest bidder for cash in lawful money of the United States payeble at the t3me of sele.
<br />= Trustea shall deliver to such purchaser or purchasers thereof its good end sufficient dsed or deeds conveying the property so
<br />sold, but without any covenant or warrenty, express or implied. The recitals in such deed of eny matters or fects shall be
<br />conclusive 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 axpenses of Trustee and of this Trust, inc(uding costs ot
<br /> � evidence of title in connection with sale, Trustee shall apply the proceeda of sale to payment of (f? all sums expended under
<br />the terms of this Deed of Trust or under the terms ot the Note not then repaid, inciuding but not limited to accrued interest
<br />end late charges, (ii) all other sums then secured hereby, and liii? the remainder, if any, to the person or persons legaily
<br />entitled thereto.
<br />(c) Trustea may in the menner provided by law postpone sale of all or any portion of the Property.
<br />_— Remedies Not Exclusive. Trustee and Lender, and each of them, shall be entitled to enforce payment and parformance of any
<br />-- indebtedness or obligations secured by this Deed of Trust end to exercise all rights and powers under this Deed of Trust, under the
<br />Note, under any of the Related bocuments, or under any other agreement or any laws now or hereafter in force; notwithstanding,
<br />some or all of such indebtedness and obligations secured by this Deed ot Trust may now or hereafter be otherwise secured, whether
<br />by mortgage, deed of trust, pledga, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement,
<br />whether 6y court action or pursuant to the power of sele or other powers contained in this Deed of Trust, shall prejudice or in any
<br /> � manner affect Trustee's or Lendar's right to realize upon or enforce any other security now or hereafter held by Trustas or Lender, it
<br />betng egreed that Trustae and Lender, and each of them, shall be entitled to enforce this Deed of Trust end eny other security now or
<br />hareafter held by Lendar or 7rustee in such order end manner as they or either of them may in their ebsolute diacretion dete�mine. No
<br />ramedy conferred upon or reserved to Trustee or Lender, is intended to be excluslve ot eny other remedy in this Deed of Trust or by
<br />law provided or permitted, but each shell be cumulative and shall be in addition to every other remedy given in th3s beed of Trust or
<br />now or hereafter existing at lew or in equ(ty or by statute. Every power or remedy given by the Note or any of the Related Documents
<br /> — to Trustee or Lender or to which either of them may be otherwise entitled, may be exercisad, concurrently or independently, from time
<br /> �- to time and as often as may be deemed expedient by Trustee or Lender, and efther 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 few. Election by Lender to pursue any remedy shaii not exclude pursuit of any other remedy, end
<br />en election to meke expenditures or to take action to parform an obligation ot Trustor unde� this Deed of Trust, after Trustor's failure
<br /> � to pertorm, shall not affect Lendar's right to declare a defauit and exercise its remedies.
<br />_ Request for NoUce. Trustor, on bahalf of Trustor and Lender, hereby requests that a copy of any Notice of Default and a copy of any
<br /> ___ Notice of Sals under this Deed of Trust be mailed to them at the addresses set forth in the 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 shell be
<br />— entitled to recover such sum as the court may edjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any
<br /> �
<br />
|