|
F
<br />• 100567
<br />are unpaid and due on the date of default, or which may become due after default,
<br />together with the authoritY to cc1,le - t and enforce payment of the rents and profits.
<br />11.TranSfOr of Real Pra pert . If the Borrower should, without written consent
<br />of the Len er, GeJ4 trap ,er, encumber or alienate the real property or any part
<br />thereof, whether voluntarily or Involuntarily, then the Lender shall have the right to
<br />declare all indebtedness and obligations secured by- this Trust Deed, immediately due
<br />and oaya!aLe. No secondary finanair g of any kind shall be allowed with re Xb t to the
<br />real property without written approval of the Lender, provided such approval shall not
<br />be unreasonably withheld.
<br />12. Remedies Cumulative. All remedies provided in this Trust Deed are distinct
<br />and cumulative to any of er rxg t or re R ed+r under this Trust Deed or afforded by law
<br />or equity, and may be exercised concurrentlye hxaependently or successively.
<br />13. Default and Remedies. As expressly a�reW by Borrower, in the event of
<br />Borrower's a to com w each and all of the conditions in this Trust Deed or
<br />Note or any other instruments affecting;' the; :.loan secured hereby, time being of the
<br />essence, .then the full amount secured hereby,shatl become due and cx+lLae_tLUe at once
<br />and the whale uideotedness shall bear intent at the highest regal rate not to exceed
<br />twenty (20) per cent. The Lender dAU have the right to proceed to enforce the
<br />liquidation, which is secured herein, by mortgage foreclosure or Trustee's Sale without
<br />further notice other than provided .by Nebraska law. The Borrower will have those
<br />remedies and only those remedies, ava£3able under Nebraska law or sperMeaUy
<br />mentioned in this Trust Deed.
<br />14. method of Trustee Sadie, if Trustee sale is elected, the Trustee, at the
<br />written request of the Lender, may sell the Property in the manner p mvkW in Section
<br />76 -1001 through 76- 1016.. of the tie Revised Statutes, indla tM amendment% with
<br />such right of PoOtaonement of sale -- �hw ,,,�� U deem b-- 1'— the imerest of
<br />all parties concerned. The Trustee shall convey to the purchaser in such sale, the
<br />Trustee's title and all . tight and title of the Borrower to the real property. The
<br />purchaser shall be dibcharged of all liability for the application of the purchase money
<br />once sent to the Trustee. The Trustee shall apply the proceeds of the sale, first to the
<br />expenses of sale:, then to all taxes and assessments dues thence to all sums advanced by
<br />the Lender as provided in this Trust Deed together witth interest; thence a Trustee's
<br />commission of two percent of the gross sale amount plus the Trustee *s costs of
<br />reasonable attorney's fees and costs of tithe evidence; thence to the payment of the
<br />indebtedness and obligations secured by this Trust Deed together with . interest and
<br />thence to the payment of all other Trust Deeds, mortgages and liens junior to this
<br />Trust Deed. Any lxoceeds of the sale in excess of the amounts so apglieel' above, shall
<br />be paid to the Borrower.
<br />15. Substitute Trustee. The Lender has the 'irrevocable power to , appoint a
<br />substitute Trustee without specifying any reason therefor, by following the procedures
<br />outlined in Section 76 -1004 of the Nebraska statutes.
<br />16. Notices. Any notice or ,demand that may be given under this Trust Deed or
<br />any of the dents affecting the .loan shall be given to the Trustee at its above
<br />address and to thj Borrower, at the above a.Adress, by depositing in the united states
<br />rail, .postage prepaid, except that notices of default: and sale shall be sent: by cerdred
<br />each pred mail to each party hereto and request for such notice is hereby made by
<br />Party hereto.
<br />17. Release Upon Full Payment. Upon .payment and satisfaction of the terms of
<br />this Trust Dee -" eland the Note or Notes and other amounts secured hereby, a
<br />recOnveyance shall be made and executed by the Trustee.
<br />ls. Severabilit . If any provisions of this Trust teed shall be held invalid under
<br />Nebraska law, the vaMty of the remainder of this Trust Deed shall not be affected
<br />and the remainder of this Trust Deed shall be construed as if the invalid provision was
<br />never inclucl ed.
<br />19. successors and Asdgns, This Trust Deed applies to and inures to the benefit
<br />of and bincdw aLL parties hereto, thefr .hairs, legatees, devisees, Personal Repesentatives,
<br />succ33ors and aGaigns. The term llaen_ffc cy* shall mean the.owner and holder of the
<br />Hate, whether or not named as Beneficiary. harem.
<br />20. Special Provisions:
<br />C.
<br />I
<br />r
<br />c�
<br />re .
<br />
|