98104120 - Laserfiche WebLink

Browse

r. ` ' � ��E- 1��4120 (c) After paying the items specified in subparagraph (b) of this paragraph FIFTH, if the sale is by Trustee, or the proper court and other costs of foreclosure and sale if sale is pursuant to judicial : foreclosure, the proceeds of sale shall be applied in the order stated : below to the payment : : (1) Cost of any evidence of title procured in connection with such sale and of any revenue required to be paid; : (2) All sums then secured hereby; (3) The remainder, if any, to the person or persons legally : entitled thereto. Each of the parties to this Deed of Trust hereby requests that a copy of any : Notice of Default and a copy of any Notice of Sale provided for hereinabove : be mailed to each such party at the party' s post office address set forth : herein. Upon the occurrence of any default hereunder, Beneficiary shall have : the option to foreclose this Deed of Trust in the manner provided by law for the foreclosure of mortgages on real property. : SIXTH. Trustor specifically agrees that (a) Trustor, at its expense, will execute and deliver to Beneficiary, promptly upon request, such security : instruments as may be required by Beneficiary, in a form and substance : satisfactory to Beneficiary, covering any of the Property conveyed by this Deed of Trust which security instruments shall be additional security for Trustor' s faithful performance of all of the terms, covenants and conditions : of this Deed of Trust, the Note and indebtedness secured hereby, and any other security instruments executed in connection with the indebtedness : secured by this Deed of Trust; and all such instruments shall be filed and recorded at Trustor' s expense; (b) Beneficiary may, from time to time, by written instrument executed and acknowledged by Beneficiary, mailed to : Trustor and recorded in the county or counties in which the Property is : located and by otherwise complying with the provisions of the applicable laws of the State of Nebraska, substitute a successor or successors to the Trustee : named herein or acting hereunder; (c) although the Trustee, or Trustee' s successor or successors, may be an agent of, or attorney for, or otherwise connected with the Beneficiary, such fact shall not be construed to disqualify Trustee to act as such Trustee, nor shall such fact prevent the Trustee or Beneficiary from bidding at a sale and buying any part or all of the Property at any sale hereunder; (d) that if it should be necessary or appropriate for the protection of the security hereby conveyed or enforcement of the debt hereby secured, for the Trustee or the Beneficiary to institute or become a party to any proceeding or suit in a court of bankruptcy or probate or other court of general or limited jurisdiction, all expenses and costs properly incurred by said Trustee or said Beneficiary (including reasonable attorneys' fees) paid or incurred by such Trustee or Beneficiary in maintaining, prosecuting or defending such proceeding or protecting their respective rights hereunder shall be an additional debt secured by this Deed of Trust in like manner with the principal debt herein described; (e) Beneficiary, or its agents,. representatives or workmen, are authorized to enter at any reasonable time upon or in any part of the Property for the purpose of inspecting the same and for the purpose of performing any of the acts it is authorized to perform under the terms of this Deed of Trust; (f) any forbearance by Beneficiary or Trustee in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy hereunder; similarly, the waiver by Beneficiary or Trustee of any default of Trustor under this Deed of Trust shall not be deemed a waiver of any other or similar defaults subsequently occurring; (g) extension of the time for payment or modification or amortization of the sums secured lay this Deed of Trust granted by Beneficiary to any successor in interest of Trustor shall not operate to release, in any manner the liability of the original Trustor and Trustor' s successor in interest . Beneficiary shall not be required to commence proceedings against such successor or refuse to extend the time for payment or otherwise modify amortization of the sums and indebtedness secured by this Deed of Trust by reason of any demand made by the original Trustor and Trustor' s successors in interest; (h) without affecting the liability of the : Trustor or any other person liable for the payment of the obligations and : indebtedness secured by this Deed of Trust, and without affecting the lien or : charge of this Deed of Trust upon any portion of the Property not then or : theretofore released as security for the full amount of all unpaid obliga- :