|
201103825
<br />collection of such renfis, issues and proffts and the application thereof as aforesaid, shall not cure or waive
<br />any default or notice of defaul4 hereunder or invalidate any act done in response to such defauit or
<br />pursuant to such notice of default and, notwithstanding the contlnuance in possession of the Tnist Estate
<br />or the collection, rece'rpt and application of rents, issues or profits, Trustee or Benefiaary shall be entitled
<br />to exercise every right provided for in any of the Loan Instruments or by taw upon occurrence of any event
<br />of default, including the right to exercise the power of sale;
<br />(b) Commence an acdon to forectose this Deed of Trust as a mortgage, appoint a receiver, or
<br />specifically enforce any of the covenants hereof;
<br />(c) Deliver to Trustee a written declarafion of default and demand for sale, and a written notice of
<br />default and election to cause Trustor's interast in the Trust Estate to be sold, uvhich notice Trustee shall
<br />cause to be duly filed for record in the appropriate Official Records af the County in which the Trust Estate
<br />is located.
<br />11. FORECLOSURE BY POWER OF SALE. Should Beneftciary elect to foreclose by exercise of
<br />the Power of Sale herein contained, Beneficiary shall notify Trustee and shall deposit with Tnrstee this
<br />Deed of Trust and the Note and such receipts and evidence of expenditures made and secured hereby as
<br />Trustee may require.
<br />(a) Upon receipt of such no6ce from Beneficiary, Trustee shali cause to be recorded, published
<br />and delNered to Trustor such Notice of Default and Notice of Sale as then required by lawr and by this
<br />Deed of Trust Trustee shalt, without demand on Trustor, after such time as may then be required by law
<br />and after recordaGon of such Notice of Defauft and after Notice of Sale having been given as required by
<br />law, sell the Trust Estate at the time and place of sale flxed by it in such Notice of Sale, either as a whole,
<br />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 States, payable at
<br />the time of sale. Trustee shall deliver to such purohaser or purchasers thereof, its good and sufficient
<br />deed or deeds, conveying the property so sold, but wwithhout any covenant or warranty, express or implied.
<br />The recitals in such deed of any matters or 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 />Trustor hereby covenants to warrant and defend the title of such purchaser or purchasers.
<br />(b) As may be permitted by law, after deducting all costs, fees, expenses of Trustee and of this
<br />Trust, including costs of evidence of tiUe in connection with sale, Trustee shall apply the proceeds of sale
<br />to payment of (i) att sums expended under the terrns hereof, not then repaid, {ii) all other sums then
<br />secured hereby, and (iiiy the remainder, 'rf any, to the person or persons Iegally entitled thereto.
<br />(c) Trustee may, in the manner provided by faw, postpone sale of all or any portion of the Trustee
<br />Estate.
<br />12. REMEDIES NOT EXCLUSIVE. Trustee and Beneficiary, and each of them, shall be entttled
<br />to enforce payment and performance of any indebtedness or obligations secured hereby and to exercise
<br />all rights and powers under this Deed of Trust or under any Loan Instrument or other agreement or any
<br />laws now or hereafter in force, notwithstanding some or all of the such indebtedness and obligations
<br />secured hereby may now or hereafter be othervvise secured, whether by mortgage, deed of trus#, pledge,
<br />lien, assignment or othervvise. fdeither the acceptance of this Deed of Trust nor its enforcement whether
<br />by court aation or pursuant to the power of sale or other powers herein contained, shail prejudice or in any
<br />manner affect Trustee's or Beneficiary's right to realize upon or enforce any other securityr now or
<br />hereafter held by Trustee or Beneficiary, it being agreed that TrusEee and Beneficiary, and each of them,
<br />shali be entitled to enforce this Deed of Trust and any other security now or hereafter held by Beneficiary
<br />or Trustee, in such order and manner as they or either of them may in their absolute discretion determine.
<br />No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any
<br />other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition
<br />to every other remedy given hereunder or nowr or hereafter existing at law or in equity or by Statute. Every
<br />power or remedy given by any of the Loan Instruments to Trustee or Beneficiary or to which either
<br />of them may be othenWise entittlled, may be exercfsed, concurrently or independently, Prom time to time,
<br />and as often as may be deemed expedient by Trustee or Beneficiary; and either of them may pursue
<br />inconsistent remedies. Nothing herein shall be construed as prohibiting Beneficiary from seeking a
<br />deficiency judgment agains# the Trustor to the e�ctent such action is permitted by law.
<br />13. REQUEST FOR NOTICE. Trustor hereby requests a copy of any notice of default, and that
<br />any notice of sale hereunder be mailed to it at tMe address set forth in the first paragraph of this Deed of
<br />Trust.
<br />14. GOVERNING LAW. This Deed of Trust shall be govemed by the laws di the State of
<br />Nebraska. In the event that any provision or clause of any of the Loan fnstrumants conflicts with applicable
<br />laws, such conflicts shall not affect other provisfons of such Loan Instruments which can be given effect
<br />without the conflicting provisions; and to this end, the provisions of the Loan Instruments are declared to
<br />be severable. This instrument c�nnot be waived, changed, discharged, or terminated orally, but only by
<br />an instrument in writing signed by the party against whom enforcement of any waiver, change, discharge
<br />
|