Laserfiche WebLink
L <br />89-- 10295.2 <br />(b) When Trustee sells pursuant to the powers herein, Trustee shall <br />apply the proceeds of the sale to payment of the costs and expenses of <br />exercising the power of sale and of the sale, including, without <br />limitation, the payment of Trustee's fees incurred, which Trustee's <br />fees shall not in the aggregate exceed the sum of Five Hundred and <br />no /100ths Dollars ($540.00) plus 1/2 of 1% of the amount secured <br />hereby and remaining unpaid and then.to the items set forth in sub- <br />paragraph (c) of this paragraph FIFTH in the order therein.stated. <br />(c) After paying the items specified in subparagraph (bj•.-of this <br />paragraph FIFTH, if the sale is by Trustee, or the proper court and <br />other costs of foreclosure and sale if sale is pursuant to'. judicial <br />foreclosure, the proceeds o£'sale shall be applied in the Order stated <br />below to the payment of: <br />(1) Cost of any evidence of title procured in connection.wi h <br />such sale and of any revenue required to be paid; <br />(2) All sums then secured hereby; <br />(3) The remainder, if any, to the person or 'persons legally <br />entitled thereto. <br />Each of the patties to this Deed of Trust hereby requests that a copy of <br />any Notice of Default and a copy of any Notice of Sale provided for herein- <br />above be mailed to eath such party at his post office address set forth <br />herein. Upon the occurrence of any default hereunder, Beneficiary shall <br />have the option to foreclose this Deed of Trust in the manner provided by <br />law for the foreclosure of mortgages on real property. <br />SIXTH: Trustor specifically agrees that (a) Trustvt, at its ex- <br />pense, will execute and deliver to Beneficiary, promptly upon request, such <br />security instruments as may be required by Beneficiary, in a form and <br />substance satisfactory to Beneficiary, covering any of the Property con- <br />veyed by this Deed of Trust which security instruments shall be additional <br />security for Trustor's faithful performance of all of the terms, covenants' <br />and conditions of this Deed of Trust, the Note and indebtedness secured <br />hereby, and any other security instruments executed in connection with the <br />indebtedness secured by this Deed of Trust; and all such instruments shall <br />be filed and recorded at Trustor's expense; (b) Beneficiary may, from time <br />to time, by written instrument executed and acknowledged by Beneficiary, <br />mailed; to Trustor and recorded in the county or counties in which the <br />Property is.located and by otherwise complying with the provisions of the <br />applicable laws of the State of Nebraska, substitute a successor or succes- <br />sors to the Trustee named herein or acting hereunder; (c) although the.' <br />Trustee, or his successor or successors, may be an agent of, or attorney <br />for, or otherwise connected. with the Beneficiary, such fact shall not be <br />construed to disqualify -l=ii:m to act as such Trustee, nor shall such fact <br />prevent the Trustee or Reneficiary from bidding at a sale and buying argy <br />part or. all ak the Property,at any sale hereunder; (d) that if it should be <br />necessary or appropriate for the protection of the security hereby conveyed <br />or enforcement of the debt hereby secured, for the .Trustee or the'Benefi- <br />ciary to institute or become a party to any, proceeding or suit in a court <br />of bankruptcy or probate or other court of general.-or.lim.ited jurisdiction, <br />all expenses and costs properly incurred by said "Trustee or said Benefi -- <br />ciary (including reasonable attorneys' fees) paid or incurred by said <br />Trustee or Beneficiary in maintaining, prosecuting or defending such <br />proceeding or protecting their respective rights hereunder shall be an <br />additional debt secured by this Deed of Trust in like manner with the <br />principal debt herein described; (e) Beneficiary, or its agents, represen- <br />tatives or workmen, are authorized to enter at any reasonable time upon or <br />in any part of the Property for the purpose of inspecting the same and for <br />the purpose of performing any of the acts it is authorized to perform under <br />the terms of this teed of Trust; (f) any forbearance by Beneficiary or <br />Trustee in exercising any right or remedy hereunder, or otherwise afforded <br />by applicable law, shall not be a waiver of or preclude the exercise of any <br />,uch right or remedy hereunder; similarly, the waiver by Beneficiary or <br />Trustee of any default of Truster under this need of Trust shall not be <br />{1( -emed a waiver of any other ar similar defaults subsequently ncvurrincr; <br />'ct) extenuiol, of the timf` for paypi;.-nt or modific-; -itlon or antoitivatif�n cif <br />•f1E, till!'.': .`:f f'l1Tf`i1 �.� �1'�L' Itic,f.,? .,4 'rr�aE ".* ! ;rfEittt`f; I,y <br />�1•...,. ..f�i { �.� f 1 r 4 fif i l Uf. i' (' ft.] <br />lif-t tit f'7 9t c '' �' i f`.I f• r i T 1^ r <br />K <br />I P!, <br />is <br />