201604234 - Laserfiche WebLink

Browse

2� 1 ��4234 DEED �F TRUST Lvan No: 'I�'I 29��Q'l �CDntlnued� Page 4 Fvreclasure hy Row�r of Sale. If L�nder elects t❑ foreclase by exercise vf the Power a� 5ale herein contained, Lender shall natify Trustee and shaf[ depasit with Trustee this Deed ❑f Trust and the �redit Agreement and such receipts and e�idenc�❑�expenditures made and se�ured hy this ❑eed af Trust as Trustee may require. tay Upon re�e�pt of such notice from Lender, Trustee shall �ause to be re�orded, published and deli�ered to Trustor sueh Natiee at �etault anr� Not+ce ot Sale as tt�en required by !aw anc� hy this Deed ❑t Trust. Trustee sha�l, without demand vn Trustor, after such time as may then be required by law and a#ter recordation ❑f su�h Notice fl� Default and after N�ti�e n� 5ale ha�ing been gi�en as required by law, sell the Praperty at the time and place of sale fixed by it in such Notice of Sale, either as a wh�le, or in separate lats or parcels or items as Truste� shall deem expedient, and in such order as it may deterrnine, at public auGtion to the highest bidder for cash in lawful maney ❑f the Uni�ed States payable at the time ❑f sale. Trustee sha11 deli�er tv such purchaser or purchasers thereof its go�d and suffic€ent deed or deeds con�eying the prvperty sv sold, hut without any co�enant ❑r warranty, express ❑r impiied. The recitafs in such deed of any matters or facts shafi be �anclusi�e prvof ot the truthfulness th�reof. Any person, including withvut limitation Tru�tar, Trust�e, �r Lender, may purchase at such sale. �b} As may be permitted by iaw, after deducting all costs, #ees and expenses ❑fi Trustee and �f this Trust, including costs ot evidenee ot titl� in cannectivn with sale, Trustee shall appfy the pr�ceeds at sale tv payment of {i� all sums expended unalsr the terms of this ❑�ed af Trust or under the terms of the Credit Agre�ment not then repaid, in�luding but not �imit�d ta accrued interest and late charges, �ii} all flther sums then secured h�reby, and �iii} the remainder, if any, to �he person ❑r persons I�gally entit�ed thereta. �c} Trustee may in the manner prv�ided by�aw pastpone sal�af all �r any pvrtian❑f the Pr�perty. Remedies Not Exclusi�e. Trustee and Lender, and �ach vf them, shall be entitled to �nforce payment and perfvrman�e af any indebtedness or❑bligations secured hy this ❑�ed❑f Trust and tv exercise all rights and pawers under this Deed ❑fi Trust, under the Credit Agr�ement, under any �f the Related ❑ocuments, ❑r under any ather agreement or any �aws now or hereafter in fvrce; notwiths�anding, some ar a!� vf such indebtedness and obligatians secured by this De�d of Trust may now or�ereafter �e ❑the�w�se secured, whether by mortgage, d�ed of trust, pledge, lien, assignment ❑r otherwise. Neither the acceptance of this Deed o#Trus� nar its enfarcement, whether t�y cvurt actian vr pursuant t❑ the pflwer ❑f sale ar vther p�wers �antained in this ❑eed of Trus�, shall prejudic� ❑r in any manner affe�t Trustee's �r Lender's right to reali�e upvn ar enfor�e any other security nvw or hereafter held by Trustee or Lender, it being agr�ed that Trustee and Lender, and �ach fl�them, shaif be entitled to enfarce this Deed af Trust and any other security nvw ❑r hereaft�r held by Lender ❑r Trustee in such order and manner as they or either of them may in their abso�ute discretion determine. Nv remedy canferred upon ar �eser�ed to Trustee or Lender, is intended to be exclusi�e ❑f any other remedy in this Deed a� Trust or by law pro�ided ❑r permitted, but each shall be cumulative and shall b� in addition tv e��ry vther remedy gi�en in this Deed of Trust or now or hereafter existing at �aw vr �n equity vr by statute. E�ery power or remedy gi�en by the Credit Agreement ❑r any �f the Related ❑acuments to Trustee or Lender or to which either �f them may be ❑therwise entitl�d, may be exer�ised, c�ncurren�ly vr independently, from time t❑ time and as often as may be d�emed expedient by Trustee a� �ender, and either at them may purs�e inconsfs��nt remedies. I�othing in this De�d of Trust shall he construed as pr�hih�t;ng Lender frvm seeking a deficiency judgment against the Trustor to the extent such actian is permit�ed by law. Election af Remedies. All ❑f Lender's rights and rem�d�es wi3� be �umulati�e and may be �xercised alan� ❑r tagether. If Lender decides ta spend money vr to perfarm any ❑f Trusta�'s obligations under this t�eed vf Tru�t, after Trustor's faiiure to do so, tha� decisian by Lender wi�l not a#fect Lender's right ta d�clare Trustor in default and to exercise Lender's remedies. Request far Noti�e. Trustor, on hehalf of Trustor and Lender, hereby requests that a capy of any Noti�e af Default and a capy of any Notice vf 5ale under this Deed �f Trust be ma�led to them at the address�s set forth in the first paragraph of this Deed of Trust. Att�rneys' Fees: Expenses. It Lender +ns�titutes any suit ar acti�n ta entarce any ot the terms af this Deed ot Trust, Lender shafl be entitled t� reco�er such sum as the caurt may adjudge reasonab�� as at�arneys' fees at trial and upon any appeal. Whether or not any court a�tion is in�ol�ed, and to the extent nat prohib�ted hy �aw, a!i r�as�nable expenses Lender in�urs that in Lender's opinian are ne�essary at any time for the pratecti�n ❑f its interest vr the en#arcement�f its rights shall become a part af the Indebtedness payable an demand and shall bear interest at the Gredit Agreement rate frvm the dat� of the expenditure until repaid. Expenses cv�ered by this paragraph include, without limita�ian, howe�er su�ject to any limits under appli�ahle iaw, L�nder's attorneys' fees and Lender's legal expenses, whether vr not there is a lawsuit, fnc�uding attarneys' fe�s and expenses for bank�uptcy praceedings {incfuding et�orts to modify ar �aca#e any automatic stay �r injunctianf, appeals, and any anti�ipated past-judgment callection ser�ices, the cost of searching recards, �btaining title reports �including fore�lasure reports}, sur�eyors' repvrts, and appraisal fees, title insurance, and fees fvr the Truste�, to the extent permitted by applicable law. Trustvr also wii� pay any court costs, in addition to all �ther sums pra�ided by 3aw. MISCELLANEDUS PRQV151�NS. The follvwing miscellaneaus pro�isions are a part o#this ❑eed vf Trust: Go►►erning Law. This Desd of Trust will he go�erned by federal law appiicahle to Lender and, to the extent not preempted hy#edera! law, the laws af the State of Nebraska without regard#o its�onfticts of!aw pro�isivns. This