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201405362
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11/21/2014 8:54:33 AM
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8/29/2014 3:41:09 PM
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DEEDS
Inst Number
201405362
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201405362 <br />by public announcement at the time and place of any previously scheduled sale. Beneficiary or <br />its designee may purchase the Property at any sale. Upon receipt of payment of the price bid, <br />Trustee shall deliver to the purchaser Trustee's deed conveying the Property. The recitals in <br />the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. <br />Trustee shall apply the proceeds of the sale in the following order: (a) to all expenses of the <br />sale, including, but not limited to, Trustee's fees as permitted by applicable law and reasonable <br />attorney's fees; (b) to all sums secured by this Security Instrument; (c) to junior lienholders; <br />and (d) any excess to the person or persons legally entitled to it. <br />15. ASSIGNMENT OF RENTS. As additional security, Trustor hereby assigns <br />to Beneficiary the rents of the Property, provided that Trustor shall, prior to acceleration <br />hereunder or abandonment of the Property, have the right to collect and retain such rents as <br />they become due and payable. Upon acceleration as provided herein or abandonment of the <br />Property, Beneficiary (in person, by agent or by judicially appointed receiver) shall be entitled <br />to enter upon, take possession of and manage the Property and to collect the rents of the <br />Property including those past due. Any rents collected by Beneficiary or the receiver shall be <br />applied first to payment of the costs of management of the Property and collection of rents, <br />including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable <br />attorney's fees, and then to the sums secured by this Security Instrument. <br />16. REMEDIES NOT EXCLUSIVE. Trustee and Beneficiary, and each of them, <br />shall be entitled to enforce payment and performance of any indebtedness or obligations <br />secured hereby and to exercise all rights and powers under this Deed of Trust or under any <br />Loan Instrument or other agreement or any laws now or hereafter in force, notwithstanding <br />some or all of the such indebtedness and obligations secured hereby may now or hereafter be <br />otherwise secured, whether by mortgage, deed of trust, pledge, lien, assignment or otherwise. <br />Neither the acceptance of this Deed of Trust nor its enforcement whether by court action or <br />pursuant to the power of sale or other powers herein contained, shall prejudice or in any <br />manner affect Trustee's or Beneficiary's right to realize upon or enforce any other security <br />now or hereafter held by Trustee or Beneficiary, it being agreed that Trustee and Beneficiary, <br />and each of them, shall be entitled to enforce this Deed of Trust and any other security now or <br />hereafter held by Beneficiary or Trustee in such order and manner as they or either of them <br />may in their absolute discretion determine. No remedy herein conferred upon or reserved to <br />Trustee or Beneficiary is intended to be exclusive of any other remedy herein or by law <br />provided or permitted, but each shall be cumulative and shall be in addition to every other <br />remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every <br />power or remedy given by any of the Loan Instruments to Trustee or Beneficiary or to which <br />either of them may be otherwise entitled, may be exercised, concurrently or independently, <br />from time to time and as often as may be deemed expedient by Trustee or Beneficiary and <br />either of them may pursue inconsistent remedies. Nothing herein shall be construed as <br />prohibiting Beneficiary from seeking a deficiency judgment against the Trustor to the extent <br />such action is permitted by law. <br />17. FIXTURE FILING. To the extent that improvements and Property <br />constitute fixtures, this instrument shall be filed in the real estate records of the County of the <br />location of the Property and be deemed a fixture filing. <br />18. GOVERNING LAW. This Deed of Trust shall be governed by the laws of <br />the State of Nebraska. In the event that any provisions or clause of any of the Loan <br />Instruments conflicts with applicable laws, such conflicts shall not affect other provisions of <br />such Loan Instruments which can be given effect without the conflicting provision, and to this <br />end the provisions of the Loan Instruments are declared to be severable. This instrument <br />cannot be waived, changed, discharged or terminated orally, but only by an instrument in <br />writing signed by the party against whom enforcement of any waiver, change, discharge or <br />termination is sought. <br />19. TRUSTEE'S FEE. In the event of default, unless specifically waived in <br />writing by Trustee, Trustor agrees to pay Trustee a fee equal to $50.00, or one -half ( of one <br />percent (1%) of the entire unpaid principal sum secured, whichever is greater, subject to the <br />limits of Neb. Rev. Stat. §76 -1012, as amended. <br />
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