Laserfiche WebLink
20 1201�2� <br />receivership for the Mortgaged Property advanced by Bene�ciary, and all attorneys', legal <br />assistants' and consultants' fees, expert's evidence, stenographer's charges, publication costs, <br />and costs (which may be estimated as to items to be expended after foreclosure sale or entry <br />of the decree) costs of procuring all such abstracts of title, title sea.rches and examinations, <br />title insurance policies, and similar data and assurances with respect to the title as the <br />Beneficiary may deem reasonably necessary either to prosecute such suit or to evidence to <br />bidders at any sale the true condition of title to or value of the Mortgaged Property, incurred <br />by Beneficiary, shall constitute a part of the Indebtedness and may be included as part of the <br />amount owing from Grantor to Beneficiary at any foreclosure sa1e. All expenditures and <br />expenses of the nature mentioned in this section, and such other expenses and fees as may be <br />incurred in the protection of the Mortgaged Property and the maintenance of the lien of this <br />Deed of Trust, including the reasonable fees of any attorney employed by Beneficiary in any <br />litigation or proceeding affecting this Deed of Trust, the Notes or the Mortgaged Property, <br />including probate, bankruptcy proceedings, proceedings to obtain a receiver, or in <br />preparation for the commencement or defense of any proceeding or threatened suit or <br />proceeding, shall be immediately due and payable by Grantor, with interest thereon at the <br />Default Rate, as more particularly defined in the Notes and shall be secured by this Deed of <br />Trust. <br />(c) At the conclusion of any foreclosure sale, the officer conducting the <br />sale shall execute and deliver to the purchaser at the sale a certificate of purchase which shall <br />describe the property sold to such purchaser and shall state that upon the expiration of the <br />applicable periods for redemption, the holder of such certificate will be entitled to a deed to <br />the property described in the certificate. After the expiration of all applicable periods of <br />redemption, unless the property sold has been redeemed by Grantor, the officer who <br />conducted such sale shall, upon request, execute and deliver an appropriate deed to the holder <br />of the certificate of purchase or the last certificate of redemption, as the case may be. <br />(d) Nothing in this section dealing with foreclosure procedures or <br />specifying particular actions to be taken by Beneficiary or by Trustee or any of�cer <br />conducting the foreclosure sale shall be deemed to contradict or add to the requirements and <br />procedures now or hereafter specified by Nebraska law, and any such inconsistency shall be <br />resolved in favor of Nebraska law applicable at the time of foreclosure. <br />15. A�plication of Proceeds of Foreclosure Sa1e. The proceeds of any sale under <br />Section 14 sha11 be applied first to the fees and expenses of the officer conducting the sale, <br />and then to the reduction or discharge of the Indebtedness; any surplus remaining sha11 be <br />paid over to Grantor or to such other person or persons as may be lawfully entitled to such <br />surplus. If, after a foreclosure sale, a deficiency exists in the net proceeds of such sale, the <br />Beneficiary shall be entitled to a deficiency judgment or decree for such deficiency which <br />shall bear interest at the Default Rate. <br />16. Possession of Pro�ert�; Appointment of Receiver. In the case of any Event of <br />Default, Beneficiary shall be entitled, as a matter of absolute right and without regard to the <br />value of any security for the Indebtedness or the solvency of any person liable therefor, to the <br />appointment of a receiver for the Mortgaged Property without notice. Grantor waives any <br />l 2187-5273/LEGAL 17750578.4 <br />5/1/ 1011 <br />