Laserfiche WebLink
200002633 <br />to the expiration of this period, Beneficiary may invoke any remedies permitted by this Security Instrument <br />without further notice or demand on Trustor. <br />13. EVENTS OF DEFAULT. Any of the following events shall be deemed an event of <br />default hereunder: <br />a. Trustor shall have failed to make payment of any installment of interest, <br />principal, or principal and interest or any other sum secured hereby when due; or <br />b. There has occurred a breach of or default under any term, covenant, agreement, <br />condition, provision, representation or warranty contained in any of the Loan Instruments. <br />14. ACCELERATION; REMEDIES. Beneficiary shall give notice of default to Trustor <br />prior to acceleration following Trustor's breach of any covenant or agreement in this Trust Deed in accordance <br />with the requirements of the Nebraska Trust Deed Act. If the default is not cured on or before the date specified <br />in the notice, Beneficiary at its option may require immediate payment in full of all sums secured by this Security <br />Instrument without further demand and may invoke the power of sale and exercise all other rights and remedies <br />permitted by applicable law. Trustor shall be entitled to collect all expenses incurred in pursuing the remedies <br />provided in this paragraph, including, but not limited to, reasonable attorney's fees and costs of title evidence. <br />If power of sale is invoked, Trustee shall give public notice of sale to the persons and in the manner prescribed <br />by applicable law. Trustee, without demand on Trustor, shall sell the Property at public auction to the highest <br />bidder at the time and place and under the terms designated in the notice of sale in one or more parcels and in <br />any order Trustee determines. Trustee may postpone sale of all or any parcel of the Property by public <br />announcement at the time and place of any previously scheduled sale. Beneficiary or its designee may purchase <br />the Property at any sale. Upon receipt of payment of the price bid, "Trustee shall deliver to the purchaser <br />Trustee's deed conveying the Property. The recitals in the Trustee's deed shall be prima facie evidence of the <br />truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to <br />all expenses of the 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; and (d) any excess <br />to the person or persons legally entitled to it. <br />15. ASSIGNMENT OF RENTS. As additional security, Trustor hereby assigns to <br />Beneficiary the rents of the Property, provided that Trustor shall, prior to acceleration hereunder or abandonment <br />of the Property, have the right to collect and retain such rents as they become due and payable. Upon acceleration <br />as provided herein or abandonment of the Property, Beneficiary (in person, by agent or by judicially appointed <br />receiver) shall be entitled to enter upon, take possession of and manage the Property and to collect the rents of <br />the Property including those past due. Any rents collected by Beneficiary or the receiver shall be applied first <br />to payment of the costs of management of the Property and collection of rents, including, but not limited to, <br />receiver's fees, premiums on receiver's bonds and reasonable attorney's fees, and then to the sums secured by <br />this Security Instrument. <br />16. REMEDIES NOT EXCLUSIVE. Trustee and Beneficiary, and each of them, shall be <br />entitled to enforce payment and performance of any indebtedness or obligations secured hereby and to exercise <br />all rights and powers under this Deed of Trust or under any Loan Instrument or other agreement or any laws now <br />or hereafter in force, notwithstanding some or all of the such indebtedness and obligations secured hereby may <br />now or hereafter 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 pursuant to the power <br />of sale or other powers herein contained, shall prejudice or in any manner affect Trustee's or Beneficiary's right <br />to realize upon or enforce any other security now or hereafter held by Trustee or Beneficiary, it being agreed that <br />Trustee and Beneficiary, and each of them, shall be entitled to enforce this Deed of Trust and any other security <br />now or hereafter held by Beneficiary or Trustee in such order and manner as they or either of them may in their <br />absolute discretion determine. No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended <br />to be exclusive of any other remedy herein or by law provided or penmitted, but each shall be cumulative and <br />shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by <br />statute. Every 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, from time to time and <br />as often as may be deemed expedient by Trustee or Beneficiary and either or them may pursue inconsistent <br />remedies. Nothing herein shall be construed as prohibiting Beneficiary from seeking a deficiency judgment <br />against the Trustor to the extent such action is permitted by law. <br />17. FIXTURE, FILING. To the extent that improvements and Property constitute fixtures, <br />this instrument shall be filed in the real estate records of the County of the location of the Property and be <br />deemed a fixture filing. <br />18. GOVERNING LAW. This Deed of Trust shall be governed by the laws of the State <br />of Nebraska. In the event that any provisions or clause of any of the Loan Instruments conflicts with applicable <br />laws, such conflicts shall not affect other provisions of such Loan Instruments which can be given effect without <br />the conflicting provision, and to this end the provisions of the Loan Instruments are declared to be severable. <br />1 his instrument cannot be waived, changed, discharged or terminated orally, but only by an instrument in writing <br />signed by the party against whom enforcement of any waiver, change, discharge or termination is sought. <br />3 <br />