Laserfiche WebLink
.----- - <br />DEED OF TRUST <br />(Continued) � p i2 0 2� 4 o Page 3 <br />completes all reasonable and necessary stepa aufficient to produce compliance as soon as reasonably practical. <br />RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Event of Defeult under eny indebtedness, or <br />should Trustor fail to comply with any of Trustor's obligations under this Deed of Trust, Trustee or Lender may exercise <br />any one or more of the foltowing rights end remedies: <br />Acceleratlon Upon Default; Additionel Remedies. If any Event of Default occurs as per the terms of the Note <br />secured hereby, Lender may declare all Indebtedness secured by this Deed of Trust to be due and peyable end <br />the same shall thereupon become due and payable without any presentment, demend, protest or notice of any <br />kind, Thereafter, Lender mey: <br />(a) Either in person or by agent, with or without bringing any ection or proceeding, or by a receiver <br />eppointed by a court and without regard to the adequacy of its security, enter upon and take possession <br />of the Property, or any part thereof, in its own name or in the name of Trustee, and do any acts which it <br />deems necessary or desirable to preserve the velue, marketebility or rentability of the Property, or part of <br />the Property or interest in the Property; increase the income from the Property or protect the securiry of <br />the Property; and, with or without taking possession of the Property, sue for or otherwise collect the <br />rents, issues and profits of the Property, including those past due and unpaid, and apply the same, less <br />costs and expenses of operetion and collection attorneys' fees, to any indebtedness secured by this Deed <br />of Trust, all .in such order as Lender mey determine. The antering upon rand tqking possession.'of the <br />Property, the collection of such rents, issues and profits, and the epplication thereof shell not cure or <br />waive eny default or notice of defeult under this Deed of Trust or invalidate any act done in response to <br />such default or pursuent to such notice of default; and, notwithstanding the continuance in possession of <br />the Property or the collection, receipt and appflcetion 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 sele; <br />(b) Commence an action to toreclose this Deed of Trust as a mortgege, appoint a receiver or specffically <br />enforce any of the covenants hereof; and <br />(c) Deliver to Trustee a written decleration of default end demand for sale and a written notice of default <br />and election to cause Trustor's interest in the Property to be sold, which notice Trustee shall cauae to be <br />duly filed for record in the appropriate offices of the County in which the Property is located; and <br />(d) With respect to all or any part of the Personal Property, Lender shall heve all the rights and remediea <br />of a secured party under the Nebreska Uniform Commercial Code. <br />Foreclosure by Power of Sale. If Lender elects to foreclose by exercise of the Power of Sale herein contained, <br />Lender shall notify Trustee and shell deposit with Trustee this Deed of Trust and the Note and such receipts <br />and evidence of expenditures made and secured by this Deed of Trust as Trustee may require. <br />(a) Upon receipt of such notice from Lender, Trustee shell 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 Deed of Trust. <br />Trustee shall, without demand on Trustor, efter such time as may then be required by law and after <br />recordation of such Notice of Defeult and after Notice of Sale having been given as required by law, sell <br />the Property at the time and 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 es it may determine, <br />at public auction to the highest bidder for cash in lawful money of the United Stetes payable at the time <br />of sale. Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient deed or <br />deeds conveying the property so sold, but without any covenant or warranty, express or implied. The <br />recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Ar�y <br />person, including without Ifmitetion Trustor, Trustee, or Lender, may purchase at such sale. <br />(b) As may be permitted by law, after deducting all costs, fees and 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 repaid, including but not timited 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 legelly entitled thereto. <br />(c) Trustee mey in the menner provided by law postpone sale of all or any portion of the Property. <br />Remadles Not Exclusive. Trustee and Lender, and each of them, shell be entitled to enforce payment and <br />performance 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 any other agreement or <br />any laws now or hereafter in force; notwithstanding, some or ell of 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 ecceptance of this Deed of Trust nor its 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 effect 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 end Lender, and eech of them, shall be entitled to enforce thia 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 ebsolute discretion determine. No remedy conferred upon or reserved to Trustee or <br />Lender, is intended to be exclusive 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 law 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 />end either of them may pursue inconsistent remedies. Nothing in this Deed of Trust shall be construed as <br />prohibiting Lender from seeking a deficiency judgment against the Trustor to the extent such action is permitted by <br />law. • <br />Elaction of �Remedies. All of Lender's rights and remedies will be cumulative and may be exercised alone or <br />together. If Lender decides to spend money or to perform eny of Trustor's obligations under this Deed of Trust, <br />after Trustor's failure to do so, that decision by Lender will not affect Lender's right to declere Trustor in default <br />and to exercise Lender's remedies. <br />Request for Notice. Trustor, on behalf of Trustor and Lender, hereby requests thet a copy of any Notice of Default <br />and a copy of any Notice of Sale under this Deed of Trust be meiled to them at the addresses set forth in the first <br />paregraph of this Deed of Trust. <br />Attorneys' Faes; Expanses. If Lender institutes any suit or action to enforce any of the terms of this Deed of <br />Trust, Lender shall be entitled to recover such sum as the court may adjudge reasoneble as attorneys' feea at trial <br />and upon any appeal. Whether or not any court ection is involved, and to the extent not prohibited by law, all <br />reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its <br />interest or the enforcement of its rights shell become e part of the Indebtedness payable on demand and shall bear <br />interest at the Note rete from the dete of the expenditure until repaid. Expenses covered by this paregraph include, <br />without limitation, however subject to any limits under applicable law, Lender's ettorneys' fees and Lender's legal <br />expenses, whether or not there is a lawsuit, including attorneys' fees and expenses tor bankruptcy proceedings <br />