Laserfiche WebLink
23 <br />20150207 <br />Trustee may postpone the sale of all or any portion of the Mortgaged Property by public <br />announcement at the time and place of sale, and from time to time thereafter may <br />postpone the sale by public announcement at the time and place fixed by the preceding <br />postponement. Trustee shall deliver to such purchaser its deed conveying the property so <br />sold, but without any covenant or warranty, express or implied. The recital in such deed <br />of any matters of fact or otherwise shall be conclusive proof of the truthfulness thereof. <br />Any person, including Trustor, Trustee or Beneficiary, may purchase at such sale. The <br />Trustee shall apply the proceeds of the Trustee's sale, first, to the costs and expenses of <br />exercising the power of sale and of the sale, including the payment of Trustee's fees <br />actually incurred, not to exceed five percent of the principal balance unpaid at the time of <br />recording the notice of default, second, to the payment of the obligation secured by this <br />trust deed, third, to the payment of junior trust deeds, mortgages or other liens, and the <br />balance, if any, to the person or persons legally entitled thereto. <br />(c) Trustor agrees, for itself and any and all persons or concerns claiming by, <br />through or under Trustor, that if it, or any one or more of them, shall hold possession of <br />the above described property, or any part thereof, subsequent to foreclosure hereunder, it, <br />or the parties so holding possession, shall become, and be considered as, tenants at will of <br />the purchaser or purchasers at such foreclosure sale; and any such tenant failing or <br />refusing to surrender possession upon demand shall be guilty of forcible detainer and <br />shall be liable to such purchaser or purchasers for reasonable rental of the Real Estate, <br />and shall be subject to eviction and removal, forcible or otherwise, with or without <br />process of law, and all damages which may be sustained by any such tenant as a result <br />thereof being hereby expressly waived. <br />Section 5.03. Appointment of Receiver. If an Event of Default shall have occurred, <br />Beneficiary, as a matter of right and without notice to Trustor or anyone claiming under Trustor, <br />and without regard to the then value of the Mortgaged Property or the interest of Trustor therein, <br />shall have the right to apply to any court having jurisdiction to appoint a receiver or receivers of <br />the Mortgaged Property and Trustor hereby irrevocably consents to such appointment and waives <br />notice of any application therefor. Any such receiver or receivers shall have all the usual powers <br />and duties of receivers in like or similar cases. <br />Section 5.04. Remedies Not Exclusive. Beneficiary shall be entitled to enforce <br />payment and performance of any Secured Obligations hereby and to exercise all rights and <br />powers under this Deed of Trust or under any Loan Documents, or the provisions of the <br />Nebraska Trust Deeds Act, as now enacted or subsequently amended, any other laws now or <br />hereafter in force, notwithstanding some or all of the Secured Obligations may now or hereafter <br />be 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 manner <br />affect Beneficiary's right to realize upon or enforce any other security now or hereafter held by <br />Beneficiary, it being agreed that Beneficiary shall be entitled to enforce this Deed of Trust and <br />any other security now or hereafter held by Beneficiary in such order and manner as it may in its <br />absolute discretion determine No remedy herein conferred upon or reserved to Beneficiary is <br />intended to be exclusive of any other remedy given hereunder or now or hereafter existing at law <br />or in equity or by statute. Every power or remedy given by any of the Loan Documents to <br />