Laserfiche WebLink
Document management portal powered by Laserfiche WebLink 9 © 1998-2015 Laserfiche. All rights reserved.
2� 17� 1923 <br /> DEED �F TRUST <br /> Loan Nv: '1�"i 3U3355 �Cont�nued� Page 7 <br /> Borrower or Trustnr and Lender that is not remedied with�n any grace period pro�ided therein, including without <br /> limEtation any agreement conce�ning any indebtedness or other ab�igation �f 6vrrawer or Trustor to Lender, <br /> whether existing nvw or later. <br /> E�ents Affe�ting Guarantor. Any af the preceding e�ents ❑ccurs with respect to any guarantor, endarser, sur�ty, <br /> ❑r accommodation par�ky ❑f any af the Indebtedness or any guarantor, end�rser, surety, ar accommvdatian party <br /> dies ❑r becomes incompetsnt, vr re�okes or disputes the �alidity af, ❑r liahility under, any Guaranty of the <br /> Ind�btedness. <br /> Ad�erse Ghange. A material ad�erse change ❑�curs in Borrower's or Trust�r's financ�al condition, ❑r Lend�r <br /> belie�es the prospect of payment ar perfarmance o#the Inde�tedness is impaired. <br /> Insecurity. L�nder in good faith belie�e� itself insecure. <br /> Existing Indehtedness. The payment ❑f any instaiiment ❑f principaf or any interest vn the Existing indebtedness is <br /> nat made within the time required by the promissory nvte e�iden�ing suGh indebtedn�ss, or a defau�t occurs under <br /> the instrument securing suc� indebtedn�ss and ts nat cur�d during any app#icable graee periad in such instrum�nt, <br /> ❑r any suit or other ac�ion is cammenced tQ #oreclose any existing lien on the Property. <br /> Right tv Cure. If any default, ❑ther than a de�aul� in payment, is curable and if Trustor has nvt been gi�en a notice <br /> a�a breach af the same pravisivn af this Deed of Trust within the preced�ng twei�e {12� months, it may be cured if <br /> Trustor, after Lender sends written natice t❑ Barrvwer demanding cure of such default: {1� cures the default <br /> within tifteen �1 5} days; ❑r �2� if the cure requires more than fifteen �15) days, immediately initiates steps which <br /> Lender deems in Lender�5 sole dEscretian to be su#ficient ta cure th� default and thereafter continues and <br /> cQt�npletes all reasonabie ar�d ne�essary steps suffi�ien�tv produ�e compliance as sovn as reasonably pra�tical. <br /> RIGHTS AND REMEDIES aN QEFAULT. tf an Event af ❑efault a�Gurs under this Deed v#Trust, at any time thereafter, <br /> Trustee �r Lender may ex�rcise any one ar more ❑f the fvllow�ng rights and remedies: <br /> Ac�eleration Upvn Default; Additivnal Remedies. If any E�ent of Default accurs as per �he terms of the Note <br /> secured hereby, Lender may declare all indebtedness secured by this Deed of Trust to be due and payable and <br /> the same shall thereupon become due and payable withaut any presentment, demand, pra�est or nati�e of any <br /> kind. Thereafter, Lend�r may: <br /> {a} Either in persan ar by agent, with or withvut bringing any action or proceeding, �r by a r�cei�er <br /> appointed by a court and without tegard t❑ the adequacy of its security, enter upon and take possessivn <br /> ❑f�he Property, or any part thereof, in its own name �r in the name of Trustee, and do any acts whi�h it <br /> deems necessary or desira�le to preser�e the �alue, marketability vr rentability vf the Prvper�y, or part vf <br /> the Property or interest in the Praperty; increase the incvme fram the Prvperty or pro#ect the security af <br /> the Property; and, with or withvu� taking pass�ssion vf the Praperty, sue for vr atherwise collect the <br /> rents, issues and profits vf the Prvper�y, including thase pa�st due and unpaid, and apply the sam�, less <br /> casts and expenses ot aperatt�n ar�d collecrivn attorneys' tees, tQ any indebtedness s�eured by this ❑eed <br /> af Trust, all in such arder as Lender may determine. The entering upon and taking possessian vf the <br /> Praperty, th� �aflect�on o# such rents, issues and profits, and the application th�reof shall not cure vr <br /> wai�e any default ❑r natice ❑f d�fault under this Deed af Trust ar in�alidate any act dane in respvnse t❑ <br /> such default o� pursuan�to such notice of default; and, natwithstanding the cantinuance in possessivn ❑f <br /> the Praperty or the collection, rece�pt and appiication �f �ents, issues or profits, Trustee ❑r Lender shail <br /> be entitled to exer�ise e�ery right pro�ided for in the Nvte or the Related Dvcuments or by law upon the <br /> occurrence of any e�ent af de�ault, in�luding the right to exercise the power of sale; <br /> �b� Commenc� an actian to fareclose this Deed of Trust as a mar�gage, appoint a re��i�er ❑r specifically <br /> enfarce any af the ca�enants hereof; and <br /> �cy Deli�er t❑ Trustee a written declaratian af default and demand for sale and a written noti�e v#default <br /> and election t❑ cause Trustar's interes� in the Property ta be sold, which notice Trustee shall cause to b� <br /> duly filed for record in the appropriat� offices af the Caunty in which the Prflperty is located; and <br /> �dy With respect tv a!I or any part of the Personal Property, Lend�r shall ha�e all the rights and remedies <br /> af a secured party under tf�e Ne�raska Uniform �ammercial Cade. <br /> Fvr�clvsure by Pvwer of Sale. If Lender elects ta foreclose by exer�ise of the Power of 5a#e herein contained, <br /> Lender shall notify Trustee and shall depa�it w�th Trustee this Deed �f Trust and the Note and such receipts <br /> and e�idenCe of�xpenditures mad� and s��ured by this Deed vf Trust as Trustee may requi�e. <br /> {a) Upvn receipt of such nntice from Lender, Trustee shail caus� to be recorded, published and deli�ered <br /> �� Trustar such Notice of Default and Nvtice ❑f Sa�e as then �equired by law and by this Deed of Trust. <br /> Trustee shall, without demand on Trustar, after such time as may then be requir�d by law and aft�r <br /> recordation af such Natice of ❑efauit and after Notice of Sale ha�ing been gi�en as required by law, sell <br /> the Property at the time and plaGe of sale fixed by it in such Noti�e af Sale, either as a whole, or in <br /> separate lats or parcels vr items as Trustee shall deem expedient, and in such ❑rder as it may determine, <br /> at public auction ta the highest bidder for cash in iawful money of the United States payable at the time <br /> �f sa�e. Trustee shall deli�er to such purchaser ar purchasers thereof its good and sufficient deed ar <br /> deeds con�ey�ng the property sn sold, but withaut any co�enant vr warranty, express or impf�ed. The <br />