Laserfiche WebLink
200000390 <br /> determine, at public auction to the highest bidder for cash in lawful <br /> money of the United States payable at the time of sale. Trustee shall <br /> deliver to such purchaser or purchasers thereof its good and sufficient <br /> deed of deeds conveying the property so sold, but without any covenant <br /> or warranty, express or implied. The recitals in such deed of any <br /> matters or facts shall be conclusive proof of the truthfulness thereof. <br /> Any person, including, without limitation, Trustor, Trustee or <br /> Beneficiary, may purchase at such sale and Trustor hereby covenants to <br /> warrant and defend the title of such purchaser or purchasers. <br /> (b) As may be permitted by law, after deducting all costs and <br /> expenses of exercising the power of sale and of the sale, including the <br /> payment of trustees fees of $3, 000. 00, and including costs of evidence <br /> of or insurance of title, in connection with sale, Trustee shall apply <br /> the proceeds of sale to payment of (i) all sums expended under the <br /> terms hereof, not then repaid, with accrued interest at sixteen percent <br /> (16. 00%) per annum, until paid in full, and all other sums then secured <br /> hereby, and (ii) the remainder, if any to the payment of junior trust <br /> deeds, mortgages or other lienholders, and (iii) the balance, if any, <br /> to the person or persons legally entitled thereto. <br /> (c) Trustee may in the manner provided by law, postpone sale of <br /> all or any portion of the Trust Estate. <br /> 13 . REMEDIES NOT EXCLUSIVE. Trustee and Beneficiary, and each <br /> of them, shall be entitled to enforce payment and performance of any <br /> indebtedness or obligations secured hereby and to exercise all rights <br /> and powers under this Deed of Trust or under any Loan Instrument or <br /> other agreement or any laws now or hereafter in force, notwithstanding <br /> some or all of the such indebtedness and obligations secured hereby may <br /> now or hereafter be otherwise secured, whether by mortgage, deed of <br /> trust, pledge, lien, assignment or otherwise. Neither the acceptance <br /> 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 <br /> prejudice or in any manner affect Trustee's or Beneficiary' s right to <br /> realize upon or enforce any other security now or hereafter held by <br /> 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 <br /> any other security now or hereafter held by Beneficiary or Trustee in <br /> such order and manner as they or either of them may in their absolute <br /> discretion determine. No remedy herein conferred upon or reserved to <br /> Trustee or Beneficiary is intended to be exclusive of any other remedy <br /> herein or by law provided or permitted, by each shall be cumulative and <br /> shall be in addition to every other remedy given hereunder or now or <br /> hereafter existing at law or in equity or by statute. Every power or <br /> remedy given by any of the Loan Instruments to Trustee or Beneficiary <br /> 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 <br /> be deemed expedient by Trustee or Beneficiary and either of them may <br /> pursue inconsistent remedies. Nothing herein shall be construed as <br /> prohibiting Beneficiary from seeking a deficiency judgment against the <br /> Trustor to the extent such action is permitted by law. <br /> 14 . REQUEST FOR NOTICE. Trustor hereby requests a copy of any <br /> notice of default and that any notice of sale hereunder be mailed to <br /> it at the address set forth in the first paragraph of this Deed of <br /> Trust. <br /> 15. GOVERNING LAW. This Deed of Trust shall be governed by the <br /> laws of the State of Nebraska. In the event that any provision or <br /> clause of any of the Loan Instruments conflicts with applicable laws, <br /> such conflicts shall not affect other provisions of such Loan <br /> Instruments which can be given effect without the conflicting <br /> provision, and to this end the provisions of the Loan Instruments are <br /> declared to be severable. This instrument cannot be waived, changed, <br /> discharged or terminated orally, but only by an instrument in writing <br /> signed by the party against whom enforcement of any waiver, change, <br /> discharge or termination is sought. <br /> 16. RECONVEYANCE BY TRUSTEE. Upon written request of Beneficiary <br /> stating that all sums secured hereby have been paid, and upon surrender <br /> of this Deed of Trust and the Note to Trustee for cancellation and <br />