Laserfiche WebLink
^ � , b . .; ; , ;, . <br />' `��1��2�.3� <br />DEED OF TRUST <br />Loan No: 101249944 (Continued) <br />Page 7 <br />deems necessary or desirable to preserve the value, merketebiUty or rentability of the Property, or part of <br />the Property or interest in the Property; increase the income from the Properry or protect the security of <br />the Property; and, with or without teking possession of the Property, sue for or otherwise collect the <br />rents, issues end profits of the Property, including those past due and unpeid, and apply the same, less <br />costa end expenses of operation and collection attorneys' fees, to any indebtedness secured by this Deed <br />of Trust, all in such order as Lender may determine. The entering upon end taking possession of the <br />Property, the collection of such rents, issues and profits, and the application thereof shall not cure or <br />weive any default or notice of default under this Deed of Trust or invalidate any act done in response to <br />such default or pursuant to such nottce of default; end, notwithstanding the continuance in possession of <br />the Property or the collection, receipt and epplicetion of rents, issues or profits, Trustee or Lender shall <br />be entitled to exercise every right provided for in the Note or the Releted Documents or by lew upon the <br />occurrence of any event of defeult, including the right to exercise the power of sale; <br />(b) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver or apeciflcally <br />enforce eny of the covenents hereof; and <br />(c) Deliver to Trustee a written decleration of default and demand for sele and a written notice of default <br />end election to cause Trustor's interest in the Property to be sold, which notice Trustee shall cause to be <br />duly filed tor record in the eppropriate officea of the County in which the Property is located; and <br />(d) With respect to all or eny part of the Personal Properry, Lender shell have all the rights and remedies <br />of a secured party under the Nebraska Uniform Commercial Code. <br />Foreclosure by Power of Sale. If Lender elects to foreclose by exercise of the Power of Sate herein contained, <br />Lender shall notity Trustee and shall deposit with Trustee this Deed of Trust end the Note end such receipts <br />and evldence of expendltures made and secured by this Deed of Trust as Trustee may require. <br />(a) Upon receipt of such notice from Lender, Trustee shell ceuse to be recorded, published and delivered <br />to Trustor such Notice of Default and Notice of Sale as then requ(red by lew end by this Deed of Trust. <br />Trustee shall, without demand on Trustar, after such time as may then be required by law and after <br />recordation of such Notice of Default end efter Notice of Sale heving been given es required by law, sell <br />the Property at the time end place of sale fixed by it in such Notice of Sele, 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 public auction to the highest bidder for cash in lawful money of the Unfted Stetes payeble et the time <br />of sale. Trustee shell deliver to such purchaser or purchasers thereof its good and sufflcient deed or <br />deeds conveying the property so sold, but without any covenant or werranty, express or implied. The <br />recitals in such deed of any mattera or facts shall be conclusive proof of the truthfulness thereof. Any <br />person, including without limitation Trustor, Trustee, or Lender, may purchese at such ssle. <br />(b) As may be permitted by law, after deducting all costs, fees end expenses of Trustee and of this <br />Trust, including costs of evidence of title in connection with sale, Trustee shall 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 repeid, including but not Ifmited to accrued interest and late charges, (ii) all other sums then <br />secured hereby, and (iii) the remainder, if any, to the person or persons legally entitled thereto. <br />(c) Trustee mey in the manner provided by law postpone sale of all or any portion of the Properry. <br />Remedies Not Excluslve. Trustee and Lender, and each of them, shell be entitled to enforce payment and <br />performence of any indebtedness or obligations secured by this Deed of Trust and to exercise all rights end powers <br />under this Deed of Trust, under the Note, under any of the Related Documents, or under eny other agreement or <br />any lews now or hereafter in force; notwithstanding, some or all of such indebtedness and obligetions 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 othenivise. Neither the acceptance of this Deed of Trust nor lts enforcement, whether by court <br />action or pursuant to the power of sale or other powers contained in this Deed of Trust, shall prejudice or in any <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 thet Trustee end Lender, end 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 es they or <br />either of them mey in their absolute discretion determine. No remedy conferred upon or reserved to Trustee or <br />Lender, is intended to be exclusive of any other remedy in this Deed of Trust or by lew provided or permitted, but <br />each shall be cumulative end shall be in addition to every other remedy given in this Deed of Trust or now or <br />hereafter existing at law or in equity or by statute. Every power or remedy glven by the Note or eny of the Related <br />Documents to Trustee or Lender or to which either of them mey be othervvise entitled, may be exercised, <br />concurrently or independently, from time to time and es often as may be deemed expedient by Trustee or Lender, <br />and either of them mey pursue inconsistent remedies. Nothing in this Deed of Trust shall be construed as <br />prohibiting Lender from seeking a deficiency Judgment egainst the Trustor to the extent such action 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, efter Trustor's <br />failure to perform, shall not affect Lender's right to declare a default and exercise its remedies. <br />Request for Not(ce. Trustor, on behelf of Trustor and Lender, hereby requests that e copy of any Notice of Defeult <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 />