201608343 - Laserfiche WebLink

Browse

2� 1 ��8343 DEEa �F TRLJST Loan No: 1�'13U��9� {Continued� Page 7 the Property or the collec�ion, receipt and applica�ivn vf rents, issues ar profi�s, Trustee vr Lender shall be entitled �❑ exercise every right pro�ided tor in the Note vr the Refated ❑acuments ❑r by law upon the accurrence of any e�ent o�f de�ault, including the right to exer�ise the p�wer af sale; �by Cvmmence an a�tivn tv foreclose this Deed o#Trust as a mortgage, appvint a recei�er ❑r spe�ifically en�orce any❑��he co�enants herevf; and �c} Deli�er to Trustee a written declaration ❑f default and demand far sale and a written notice vf defaulfi and ele�tion t❑ cause Trustvr's in�eres��n the Prvperty t❑ be sald, which nv�ice Trustee shall �ause t❑ be du�y filed for record in th� appropriate o��ices v�the Coun�y in which the Property Es fvca�edr and tdy Vlli�h respec��v all ❑r any part o�the Personal Prvper�y, Lender shall ha�e al�the rights and remedies o�a secured party under the Nebraska Unifvrm Commercial Code, Forec[osure by Power af SaEe. If Lender e3ects�o foreclose by exercis� ❑fi the Pawer of Sale herein cvntained, Lender shal� noti�fy Trus�ee and shalf deposit with Trustee �his ❑eed o�Trus� and the No�e and such receipts and e��dence afi expenditures made and s�cured by this ❑eed vf Trust as Trus�ee may require. tay Upon receip�o�such natice �rom Lender, Trustee shall cause to be recarded, pubfished and deli�ered �v Trustor such Notic� o� De�auit and Natice af 5afe as then required by law and by this Deed ❑f Trust. Trusfiee shall, without demand ❑n Trus�vr, after such time as may �hen be required by law and after recnrdation ❑�such Notice ❑f De�ault and af�er Nv�ice af Sale ha�ing been gi�en as required by �aw, self the Property at the time and place vf sale �ixed by it in su�h Notice ❑f Sale, either as a whole, or in separafie I�fis ❑r parcels vr items as Trusfee shall deem expedient, and in such order as i� may determine, a� public auction �a the highest 1�idder�v� cash in lawful money o�the Llnited States payahie at the time ❑f sal�. Trustee shall deliver �o such purchaser ar purchasers thereof i�s good and sufficient deed vr deeds con�eying the praperty sv sold, 1�ut withvut any co�enant or warranty, express or implied. The recitals in such deed of any ma��ers �r facts shall he conclusi�e pravf ❑f the truthfulness thereaf. Any persvn, including withaut limita�ion Trust�r, Trustee, o� Lender, may purchase at such sa�e, {by As may be permitted by law, after dedu��ing all costs, fees and expenses of Trustee and ❑f this Trust, including cosfis of e��dence ❑fi title in connection with sa�e, Trustee sha1� apply the proceeds of sai� to paym�nt of �i� all sums expended under the terms of�his Deed ❑f Trust or under the�erms of�he No�e not then repaid, includsng but not iimited t� a�crued �n�eres� and late charges, �ii� all vther sums then secured hereby, and �iii� the remainder, if any, t❑the persvn❑r persons legally entitled thereta. tc} Trustee may in�he manner p�o�ided by law pas�pone sale afi a�l or any portivn of the Prvperty. Remedies Nat Exclus�ve. Trustee and Lender, and each o� them, shall be enti�led tv enfor�e payment and perfarmance o�any indeb�edness ❑r vbli�ations secured by this ❑eed o�Trust and t❑ ex�rcise ail rights and pawers under th�s aeed ❑f Trust, under the No#e, under any of�he Related Documen�s, or un�er any other agreement ❑r any laws now or he�eafter in force; notwithstanding, same ar all of such indebtedness and ab�igations secured by this ❑eed ❑�Trust may now ❑r hereafiter be o�herwise secured, whether by mvr�gage, deed of�rus�, pledge, lien, assEgnment vr otherwise, Nei�her the acceptance ❑f this ❑eed af Trust nvr its enforcement, whethe� by court act�on or pursuant tv �he power ❑f sale or o�her powers c�ntained in this ❑eed ofi Trust, shall prejudice vr in any manner affect Trust�e's ❑r Lender's r�gh� #o reali�e upon ar enfor�e any �ther security now or he�ea�ter held by Trustee �� Lender, i�being agreed that Trus�ee and Lender, and ea�h vf them, shall be entitled�o enfar�e this Deed of Trus� and any ❑�her security now or h�reafter held by Lende� ❑r Trus��e in such arder and manner as �hey ar either ❑f '�hem may in �heir absolute discretion determine, N❑ remedy cvnferred upon ar reser�ed t❑ Trustee or Lender, is in�ended to be exclusi�e ❑�any ather remedy in this I�eed of Trust or by law pro�ided ar permitted, but ea�h shal� he cumulati�e and shall be in addition to e�ery ather remedy gi�en in this Deed of Trust or nvw ❑r hereaf�er existing at law or in equity❑r by statu�e. E�ery power or remedy gi�en by the Note or any of the #��la�ed Documents t❑ Trus�ee vr Lender ❑r t❑ which �ither v� them may be ❑fiherwise entit[ed, may be exer�ised, concurren�ly or independent[y, frvm time to time and as vften as may be deemed expedient by Trustee o� Lender, and ei�her of them may pursue in�onsist�nt remedies, Nothing in this Deed of Trust shall be cons�rued as prahibiting Lender from seeking a deficiency judgmen� against the Trustor to�the extent such action is permitted by law. Efection by Lender to pursue any remedy sha�I not exclude pursuit of any other remedy, and an elecfiion t❑ make expenditures ❑r to take actFvn �o perform an o�ligation �f Trustor under this Deed v# Trust, af�er Trustvr's �ai�ure t❑ p�r�Form, shall not a�fect Lender's right tv declare a default and exercise i�s remedies. Request for Notice. Trustor, on behalf of Trustor and Lender, herehy requests that a copy af any Natice of L�efaul� and a cflpy ❑� any No�ice o� 5ale under this Deed vf Trust be mailed to them at the addresses set forth in th� first pa rag ra ph o�th is [3eed vf Trus�. Attorneys' Fees; Expens�s, I� Lend�r institutes any sui� ar action to enforce any of the terms ❑f this Deed o� Trus�, Lender shall be en�i�led to reco�er such sum as the court may adjudge �easonable as a�fivrneys' fees a�trial and upvn any appeal. VIlhe�her ❑r nat any court activn is in�ol�ed, and �o �he extent not prohibi�ed by law, all reasonabie expenses Lender incurs that in Lender's ❑pinion are ne�essary at any time �ar the prvtection ❑f i�s interest or the enforcement af i�s rights shaf� b�come a part of the Indeb�edness payable on demand and shall bear infieresfi at the Note rate from the da�e of the �xpenditure untif r-epaid. Expenses covered by this paragraph include, withvut limi�ation, howe�er sub�ec�ta any ��mits under appEicabie law, Lender's attarneys' fees and Lender's legal expenses, whefiher or nvt there is a lawsui�, including attarneys' fees and expenses for bankruptcy proceedings