|
DEED OF TRUST 2 0�t 10 5 5 9 4
<br />Loan No: 101243365 (Continuedl Page 7
<br />of Trust, allin such order as Lender mey determine. The entering upon and taking possession of the
<br />Property, the collection of such rents, issues and profits, and the application thereof shalf not cure or
<br />waive any default or notice of default under this Deed of Trust or lnvalidate any act done in response to
<br />such default or pursuant to such notice of default; and, notwithstanding the continuance in possession of
<br />the Property or the collection, receipt and application of rents, issues or profits, Trustee or Lender shall
<br />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) Commance an action to foreclose this Deed of Trust as a mortgage, appoint a receiver or specificelly
<br />enforce any of the covenants hereof; and
<br />(c) Defiver to Trustee a writrten declaretion of defauit and demand for sele and a written notice ot default
<br />and election to cause Trustor's interest in the Property to be sold, which notice Trustee shall cause to be
<br />duly filed for record in the appropriete offices of the County in which the Property is located; and
<br />(d) With respect to all or eny pert of the Personal Property, Lender shall have all the rights and remedies
<br />of a secured party under the Nebraska Uniform Commercial Code.
<br />Fareclosure by Power of Sale. If Lender elects to foreclose by exercise of the Power of Sale herein contained,
<br />Lender shall notify Trustee and shall deposit with Trustee this Deed of Trust and the Note and such receipts
<br />and avidence of expenditures made and secured by this Deed of Trust as Trustee may require.
<br />(a) Upon receipt pf such notice from Lendar, Trustee shall cause to be recorded, published and delivered
<br />to Trustor such Notice of Default and Notice of Sale as then required by law and by this qeed of Trust.
<br />Trustee shall, without demand on Trustor, after such time es may then be required by law and after
<br />recordation of such IVotice of Defauft and after Notice of Sale having been given as required by Isw, sell
<br />the Proparty at the time end place of sale fixed by it in such Notice of Sale, either as a whole, or in
<br />separate lots or parcels or items as Trustee shall deem expedient, and in such order as it may determine,
<br />at pubfic auction to the highest bidder for cash in lawful money of the United States payable at the time
<br />of sale. Trustee shall deliver to such purchaser or purchasers thereof its good end sufficient deed or
<br />deeds conveying the property so sold, but without any covenant or warranty, express or impfied. The
<br />recitals in such deed of any matte�s or facts shall be conclusive proot of the truthfulness thereof. Any
<br />person, including without limitation Trustor, Trustee, or Lender, may purchase at such sale.
<br />(b) As may be permitted by law, efter deducting all costs, fees and expenses of Trustee and of this
<br />Trust, including costs of evidence of title in connection with sale, Trustee shafl apply the proceeds of sale
<br />to payment of (i) all sums expended under the terms of this Deed of Trust or under the terms of the Note
<br />not then rapaid, including but not limited to accrued interest and late charges, (ii) ell other sums then
<br />secured hereby, end (iii) the remainder, (f any, to tfie person or persons legaily entitled thereto.
<br />(c} Trustee may in the manner provided by law postpone sale af all or sny portion of the Propert}r.
<br />Remedies Not Exclusive. Trustee and Lender, and each of them, shall be entitled to enforce payment and
<br />performance of any indebtedness or obligations secured by this Deed of Trust and to exercise all rights and powers
<br />under this Deed of Trust, under the Note, under any of tha Related Documents, or under any other agreement or
<br />any iaws now or hereafter in force; notwithstanding, some or all ot such indebtedness and obligations secured by
<br />this Deed of Trust may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, lien,
<br />assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, whether by court
<br />action or pursuant to the powar of sale or other powers conteined 3n this Deed of Trust, shall prejudice or in eny
<br />manner affect Trustee's or Lender's right to realize upon or enforce any other security now or hereafter held by
<br />Trustee or Lender, it being agreed that Trustee and Lender, and each of them, shall be entitled to enforce this Deed
<br />of Trust and any other security now or hereafter held by Lender or Trustee in such order and manner as they or
<br />either of them may in their absolute discretion determine. No remedy conferred upon or reserved to Trustee or
<br />Lender, is intended to be excfusive of eny other remedy in this Deed of Trust or by law provided or permitted, but
<br />each shall be cumulative and shell be in addition to every other remedy given in this Deed of Trust or now or
<br />hereafter existing at lew or in equity or by statute. Every power or remedy given by the Note or any of the Related
<br />Documents to Trustee or Lender or to which either of them may be otherwise entitled, may be exercised,
<br />concurrently or independently, from time to time and as often as may be deemed expedient by Trustee or Lender,
<br />and either of them may pursue inconsistent remedies. Nothing in this Deed of Trust shall be construed as
<br />prohibiting Lender from seeking a deficisncy judgment against the Trustor to the extent such ection is permitted by
<br />law. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to
<br />make expenditures or to take action to perform an obligation of Trustor under this Deed of Trust, after Trustor's
<br />failure to pertorm, shall noi affect Lender's right to declara a defaulfi and exercise its remedies.
<br />Request for Notice. Trustor, on behalf of Trustor end Lender, hereby requests that a copy of any Notice of Default
<br />and a copy of any Notice of Sale under this Deed of Trust be mailed to them at the addresses set forth in the first
<br />paragraph of this Deed of Trust.
<br />Attorneys' Fees; Expenses. if Lender institutes any suit or ection to enforce any of the terma of this Deed of
<br />Trust, Lender shall be entitled to recover such sum as the court may adjudge reasoneble as attorneys' fees at trial
<br />and upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by faw, all
<br />reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its
<br />
|