|
89-- 101090
<br />bidder for cash and shall deliver to such purchaser a deed to the property sold.
<br />� consistent with the law in effect at the time.
<br />1
<br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser,
<br />Trustee's deed conveying the property sold. Recitals in-the Trustee's deed shall
<br />be prima facia evidence of the trt4t# of the statements made-therein. Trustee shall
<br />•
<br />apply the prcce��;. of the sale following order: (a) to all reasonable costs
<br />w7nt. expe .t of' the sale -, _Jr,,, ]WdjWJ. rjut not limited to, Trustee's fees of not more
<br />Lean of the gros -:�, &: Lzr ce, seasonable attorney fees and costs of title
<br />�iderrc to all sums "ae�-Ur d;' this Deed of Trust; and (c) the excess, if any:
<br />*he• person or persons l4k -1.9 ,:fit^ itled thereto. Any person, including Beneficiary,
<br />purchase said property at
<br />The :person conducting the sale may, for any cause he or she deems expedient,
<br />postpone li`3-ie sale from time to time until it shall completed and, in every such
<br />case, nct a of,: postponement shale -e given by. public declaration thereof by such .:..:
<br />GUrson a tae. tl,* • and place fted rar': thi-`: sale; provided, ---F. the.. sal a lo :,:'
<br />P p� :; : i:. r 141i ttger..: cne {l . ":, sX' ; tie '.care desac rioted in the ;rut
<br />.:tey
<br />a` t _� S: . �.. a.4 LjL1 l3 ...G. :: 'T�: 'i:, : z ^, °T' . •: 1'.2 Sri Ina... t�xQi,1 Q`
<br />13. Remedies .fray EY�clusive'e °i tee and Ear tiiar:.� ":�rct. :of the shall
<br />` .0,e entitled to enffar -: -. _7ment Z-t .'performance' '!w:f;:an).' ,'ircir=:l�'s�ri�s or obli aticn
<br />'r' g
<br />cured � hereby and: a: a: <er_ise . si l .fights and pc +waers under this bpd of Trust ar: `
<br />. � gis}der any loan . r,=,,st~fument or other agreement or an ..iaws now or hereafter enforced,
<br />•natwithstariding scare or all of the indebtedness and obligations secured hereby which
<br />may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge,
<br />i
<br />lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor
<br />its enforcement, whether by court action or pursuant to the power of sale or other
<br />powers herein contained, shall prejudice or in any manner affect Trustee's or here-
<br />, 4i
<br />z
<br />after held by Trustee or Beneficiary, it being agreed that Trustee and Beneficiary,
<br />and each of them, shall be entitled to enforce this Deed of Trust and any other secur-
<br />ity now or hereafter held by the Beneficiary or Trustee in such order and manner
<br />-
<br />as they, or either of them, may in their absolute discretion determine. No remedy
<br />herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclu-
<br />sive of any other remedy herein or by law provided or permitted, but each shall be
<br />cumulative and shall be in addition to every other remedy given hereunder or now
<br />or hereafter existing at law or in equity or by statute. Every power or remedy given
<br />by any of the loan instruments to Trustee or Beneficiary or to which either of them
<br />may be otherwise entitled may be exercised, concurrently or independently, from time
<br />to time and as often as may to deemed expedient by Trustee or Beneficiary, and either
<br />of them may pursue inconsistent remedies. Nothing herein shall be construed as prohi-
<br />b.itirg Beneficiary from seeking a :deficienty judgment against Trustor to the extent
<br />,F
<br />such action is permitted by law.
<br />14. Request for Notice. Trustor hereby requests a copy of any notice of default
<br />and that any notice of sale hereunder be mailed to Trustor at the address set forth
<br />in the first paragraph of this Deed of Trust.
<br />15. Appointment of Successor Trustee. Beneficiary may, from time to time,
<br />by written instrument executed and acknowledged by Beneficiary, mailed to Trustor
<br />and recorded in the County in which the property is located and by otherwise complying
<br />with the provisions of the applicable law of the State of Nebraska, substitute a
<br />successor or successors to the Trustee named herein or acting hereunder.
<br />16. Successors and Assigns. This Deed of Trust applies to and inures to the
<br />benefit of and binds all parties hereto, their heirs, legatees, devisees, personal
<br />representatives, successors and assigns. The term "Beneficiary" shall mean the owner
<br />nd holder of the note, whether or not named as Beneficiary herein.
<br />ficiaiu's powers. Without affecting the liabl;lity of any ; other person
<br />rd_ r the payment of any ablig4ti n1U,
<br />.On herein :m 7n 'ed; and wit.liouf • affecting
<br />':►;e lier, or charge of this Deed of :Trust upon any , - port.iun °af. the property, not then
<br />or theretofore released, as secuaty.; Fpr;,• the ;full, payment:'oi' all unpaid ohEgati.ons,
<br />r•Ceneficiary may, from timO to tin�6"i3 �l.16Uh6tA- notAme:
<br />(a) release any per t tin s so liable;
<br />(b) extend the maturity or alter any of the terms of any
<br />such obligation;
<br />(c) grant other iauiulgences;
<br />_4 -
<br />E
<br />M
<br />I
<br />
|