201300074 - Laserfiche WebLink

Browse

201300074 (g) Upon any sale,it shall not be necessary for the Person conducting such sale to have any Mortgaged Property being sold present or constructively in its possession. (h) To the extent permitted under applicable law, in the event that a foreclosure hereunder shall be commenced by Beneficiary or Trustee, Beneficiary or Trustee may at any time before the sale abandon the sale,and may institute suit for the collection of the Obligations or for the foreclosure of this Deed of Trust;or in the event that Beneficiary should institute a suit for collection of the Obligations or the foreclosure of this Deed of Trust, Beneficiary may at any time before the entry of final judgment in said suit dismiss the same and sell the Mortgaged Property in accordance with the provisions of this Deed of Trust. SECTION 5.09. Annlication of Proceeds. Unless otherwise prescribed by applicable Nebraska law, i.e., Nebraska Revised Statute 76-1011, the proceeds of any sale of any of the Mortgaged Property made pursuant to this Article V shall be applied as follows: (a) First,to the payment of all costs and expenses incident to the enforcement of this Deed of Trust paid or incurred by Trustee,Beneficiary or the agent for enforcement,protection or collection, including, without limitation, reasonable costs, attorneys' fees, stenographers' fees, costs of advertising,costs of documentary evidence of title(including title search and insurance),all other related charges and costs,and a reasonable compensation to the agents,attorneys and in-house counsel of Trustee, Beneficiary and of agent; (b) Second, to the payment or prepayment of the Obligations, in such order as Beneficiary shall elect; and (c) Third, the remainder, if any, shall be paid to Trustor or such other person or persons as may be entitled thereto by law; provided,however,if applicable law requires such proceeds to be paid or applied in a manner other than as set forth above in this Section 5.09,then such proceeds shall be paid or applied in accordance with such applicable law. ARTICLE VI GENERAL SECTION 6.01. Fixture Filing. To the extent that the Mortgaged Property includes items of personal property which are or are to become fixtures under applicable law, and to the extent permitted under applicable law,the filing of this Deed of Trust in the real estate records of the county in which such Mortgaged Property is located shall also operate from the time of filing as a fixture filing with respect to such Mortgaged Property, and the following information is applicable for the purpose of such fixture filing,to wit: -22-