Laserfiche WebLink
2 01605355 <br />other amounts collected by Trustee or Beneficiary in connection therewith in accordance with this Article <br />5. <br />(c) Foreclosure and Sale. Institute proceedings for the complete or partial foreclosure of <br />this Deed of Trust by judicial action in the manner provided by law for the foreclosure of mortgages on <br />real property or by power of sale in the manner provided in the Nebraska Trust Deeds Act, Neb. Rev. Stat. <br />§ 76 1001 et seq. (the "Trust Deeds Act "), in which case the Mortgaged Property may be sold for cash or <br />credit in one or more parcels as Beneficiary may determine. Any foreclosure or other sale of less than the <br />whole of the Mortgaged Property or any defective or irregular sale made hereunder shall not exhaust the <br />power of foreclosure or of sale provided for herein; and subsequent sales may be made hereunder until the <br />entirety of the Mortgaged Property has been sold. Subject to the terms and restrictions herein contained, <br />Beneficiary shall have the right to sell the Mortgaged Property, or any portion thereof, by private sale if, <br />and to the extent that, such private sale is permitted under the laws of the applicable jurisdiction or by <br />public or private sale after entry of a judgment by any court of competent jurisdiction so ordering. <br />Beneficiary may adjourn from time to time any sale by it to be made under or by virtue of this Deed of <br />Trust by announcement at the time and place appointed for such sale or for such adjourned sale or sales, <br />and, except as otherwise provided by any applicable provisions of law or this Agreement, Beneficiary, <br />without further notice or publication, may make such sale at the time and place to which the same shall be <br />so adjourned. Notwithstanding anything herein to the contrary, the Beneficiary and Trustee shall not <br />proceed with any sale of all or any portion of the Mortgaged Property without the prior written consent of <br />the Beneficiary. At any such sale by virtue of any judicial proceedings, power of sale, or any other legal <br />right, remedy or recourse, the title to and right of possession of any such property shall pass to the <br />purchaser thereof, and to the fullest extent permitted by law, Grantor shall be completely and irrevocably <br />divested of all of its right, title, interest, claim, equity, equity of redemption, and demand whatsoever, <br />either at law or in equity, in and to the property sold and such sale shall be a perpetual bar both at law and <br />in equity against Grantor, and against all other persons claiming or to claim the property sold or any part <br />thereof, by, through or under Grantor. Beneficiary may be a purchaser at such sale. In the event this <br />Deed of Trust is foreclosed by judicial action, appraisement of the Mortgaged Property is waived. <br />If Beneficiary elects to sell Grantor's interest in the Mortgaged Property by exercise of the power <br />of sale herein contained, Beneficiary shall notify Trustee in the manner then required by Nebraska law. <br />Upon receipt of such notice of Beneficiary and at the direction of Beneficiary, Trustee shall <br />cause to be recorded, published and delivered such notices of default and notices of sale as may then be <br />required by law and by this Deed of Trust. Trustee shall, only at the direction of Beneficiary and without <br />demand on Grantor, after such time as may then be required by law and after recordation of such notice of <br />default and after notice of sale having been given as required by law, sell the Mortgaged Property at the <br />time and place of sale fixed by it in such notice of sale, either as whole or in separate lots or parcels or <br />items as Beneficiary shall deem expedient, and in such order as it may determine, at public auction to the <br />highest bidder for cash in lawful money of the United States payable at the time of sale, or as otherwise <br />may then be required by law. Trustee shall deliver to such purchaser or purchasers thereof its good and <br />sufficient deed or deeds conveying the property so sold, but without any covenant or warranty, express or <br />implied. The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness <br />thereof. Any person, including, without limitation, Grantor, Trustee or Beneficiary, may purchase at such <br />sale. Trustee may in the manner provided by law postpone sale of all or any portion of the Mortgaged <br />Property. <br />(d) Receiver. Make application to a court of competent jurisdiction for, and obtain from <br />such court as a matter of strict right and without notice to Grantor or regard to the adequacy of the <br />Mortgaged Property for the repayment of the Obligations, the appointment of a receiver of the Mortgaged <br />Property, and Grantor irrevocably consents to such appointment. Any such receiver shall have all the <br />4815- 3141 - 9697.4 <br />8 <br />