201603235 - Laserfiche WebLink

Browse

2� 1 ��3235 DEEQ �F TRUST Loan No: '1�1�95�34 ��ontinued� Pa�e 4 Fvreclosure hy Pvwer of Saie. ff Lender ele�ts t❑ foreclose by exercise of the Power vf Sale herein cantained, Lender shai! notF�y Trustee and shall deposit with Trustee this De�d ❑f Trust and the Credit Agreement and such receipts and e�id�nce of expendi�ures made and s�cured hy this ❑eed of Trust as Trustee may r�quire. �a� Upon receipt of such notiCe firom Lend�r, Trustee shall cause to be recorded, pubfished and deli�ered t❑ Trustor such No�ice of Default and N�tice of Sale as then required by law and by this Deed of Trust. Trust�e shall, without demand on Trustor, after such time as may th�n be required by law and after re�nrdation ❑f such N�tic� ❑f ❑efault and after Notice of 5ale ha��ng he�n gi�en as required by law, sell the Prvperty at the time and place of sale fixed by it in such Notice ❑f Sal�, either as a whale, ❑r in separate lots ar parcels ar items as Trustee shall deem expedient, and in such order as it may d�termin�, at public auction t❑ the high�st hidd�r for cash in fawful money of the United States payable at the time of sal�. Trustee shalf deli�er to su�h purchaser or purGhasers ther�af its goc�d and sufficient deed or deeds con�eying the property sa sold, but without any cv�enant or warranty, express ar imp�ied. The recita�s in such desd of any matters or fa�ts shait be cvnclusi�e proof ofi the truthfuln�ss thereof. Any person, including withvut limitation Trustor, Trustee, or Lender, may purchase at such sale. tb� As may be permitted by law, after deducting all costs, fees and expenses t�f Trust�e and o� this Trust, including c�sts of e�idence af title in cannectian with sale, Trustee shall apply the proceeds ❑f sale t� payment of �i} all sums expend�d under the terms of this Deed of Trust vr under the t�rms af th� Gredit Agreement not then repaid, including but nat limited tv accrued inter�st and late charges, �iiy all other sums then se�ured he�eby, and �iii} the remainder, if any, ta th� persan c�r persons legally �ntitled the�eto. �cy Trustee may €n the manner prv�ided by law pvstpone sale �f afi ❑r any portion t�f th� Prvperty. Remedies Not Exclusi�e. Trustee and Lender, and each of them, shal� be entitled ta �nforce payment and performance �f any ind�btedness or ahligat�vns secured I�y this D�ed of Trust and tv exercise all rights and pawers under this Deed of Trust, under the Credit Agreement, under any of the Related �ocuments, ❑r under any ather agreement or any laws n�w or hereafter in force; notwithstanding, some or all af such indebtedn�ss and obligattons secured by this Deed vf Trust may now or hereafter be otherwis� se�ured, whether by mortgage, deed of trust, pledge, lien, assignment or vtherwise. Neith�r the acceptan�e of this Deed af Trust nor its enforcement, whether by �ourt action ar pursuant to the pawe� nf sale or other pow�rs contain�d sn this De��i of Trust, shall prejudice ❑r in any manner affe�� Trustee's or Lender's right t❑ realize upon or enfvrce any other security now or hereafter h�1d hy Trustee ar Lender, it heing agreed that Trustee and Lender, and eaCh �f them, shalf be entitled ta enforce th�s ❑eed vf Trust and any other security now or hereafter hefd by Lend�r or Trustee in su�h order and manner as �hey vr either of them may in th�ir absolute discrefion determine. Na rem�dy conferred upon or r�ser�ed t❑ Trustee ar Lender, is intended ta be �xclusi�e of any other remedy in this ❑eed ❑� Trust �r by law prv�ided vr permitted, but each shall he cumulati�e and shall he in additian t� e�ery other remedy gi�en in this ❑eed of Trust ❑r now ar herea�ter existing at law ar in equity or by statute. E�ery power or remedy gi��n by the Credit Agreement or any af the Related Documents tv Trustee or Lender �r ta which �ither ❑f them may he vtherwise entitled, may be exercised, con�urrently or independently, fram time tv time and as vften as may be deemed expedien� by Trustee ❑r Lender, and either af them may pursu� inconsistent remedies. Nothing in this ❑eed of Trust shall be �onstru�d as prahibiting Lender fram seeking a deficiency judgm�nt aga�nst the Trustor t� the extent such action is p�rmitted by law. E�ectian vt Remedies. All of Lender's righ�s and remedies will be cumulati�� and may be exercis�d alone or together. If Lender de�ides tfl spend mvney ❑r #o perfarm any af Trust�r's ob�igations under this ❑eed vt Trust, after Trustor's faifure ta d❑ sa, that de�isian by Lender will not affect Lender's right t❑ declare Trustor in default and to exer�ise Lender's remedies. Request for Noti�e. Trustvr, on b�half af Trustor and Lender, hereby requests tha�a copy af any Nvtice af Default and a copy vf any Nvtice ❑f Sa�e under this Deed vf Trust b� mailed fio them at the addresses set torth in the first paragraph of this Deed af Trust. Attorneys' Fees; Expenses. If Lender institutes any suit ar a�tian to enfarGe any vf th� terms af this Deed af Trust, Lender shali be entitl�d t� reco�er such sum as the caurt may adjudge reasvnaale as attorn�ys' fees at trial and upan any appeal. Whether flr not any caurt action is in�af�ed, and ta the �xtent nvt proh�bited by law, a�l reasanable expenses Lender in�urs tha# in Lender's vpinian are necessary at any time ft�r the pratection of i�s interest ar the enfivr�ement❑� its rights shall he�ome a part ❑f the Indebtedness payabl� vn demand and shall bear interes� at the Credit Agreement rate trvm the date of �he exp�nditure until repaid. Expenses �v�ered by this paragraph include, without limitativn, hawe�er subject to any limits und�r appli�able law, Lender's attarneys' fees and Lender's legai expenses, whether ❑r not the�e is a lawsuit, including attarneys' fees and expenses far bankrupt�y prt�c�edings �including eff�rts to modi�Fy or �acate any autvmatic stay ar injunctian�, appeals, and any anticipat�d post-judgment collectian ser�ices, the cast o� searching recards, obtaining title reparts �including foreclosure reports3, sur�eyors' reparts, and appraisa� fees, titfe insuran�e, and fe�s for the Truste�, ta the extent permitt�d �y applicable law. Trustor alsa wi�l pay any c�urt�osts, in addition tv all ❑ther sums pro�ided by law. M15CELLANE�US PRQVISI�NS. The fvllawing miscellaneous pro�isivns are a part of�his Deed of Trust: Gv�erning Law. This Deed of Trust will be ga�erned by f�dera� law applicable #o Lender and, to #he extent not presmpted by federal law, the laws of the 5#ate af Nebraska wi#hout regard to its cvnflicts af law provisians. This