Laserfiche WebLink
241808383 <br />Security Instrument granted by Beneficiary to any successor in interest of Trustor shall not operate to <br />release the liability of the original Trustor or Trustor's successors in interest. Beneficiary shall not be <br />required to commence proceedings against any successor in interest or refuse to extend time for payment <br />or otherwise modify amortization of the sums secured by this Security Instrument by reason of any <br />demand made by the original Trustor or Trustor's successors in interest. Any forbearance by Beneficiary <br />in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. <br />12. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN <br />TRUSTOR. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial <br />interest in Trustor is sold or transferred and Trustor is not a natural person) without Beneficiary's prior <br />written consent, Beneficiary may, at its option, require immediate payment in full of all sums secured by <br />this Security Instrument, however, this option shall not be exercised by Beneficiary if exercise is <br />prohibited by federal law as of the date of this Security Instrument. if Beneficiary exercises this option, <br />Beneficiary shall give Trustor notice of acceleration. The notice shall provide a period of not less than <br />30 days from the date the notice is delivered or mailed within which the Trustor must pay all sums <br />secured by this Security Instrument. If Trustor fails to pay these sums prior to the expiration of this <br />period, Beneficiary may invoke any remedies permitted by this Security Instrument without further notice <br />or demand on Trustor. <br />13. EVENTS OF DEFAULT. Any of the following events shall be deemed an event <br />of default hereunder: <br />a. Trustor shall have failed to make payment of any installment of interest, <br />principal, or principal and interest or any other sum secured hereby when due; or <br />b. There has occurred a breach of or default under any term, covenant, <br />agreement, condition, provision, representation or warranty contained in any of the Loan Instruments. <br />14. ACCELERATION; REMEDIES. Beneficiary shall give notice of default to <br />Trustor prior to acceleration following Trustor's breach of any covenant or agreement in this Trust Deed <br />in accordance with the requirements of the Nebraska Trust Deed Act. If the default is not cured on or <br />before the date specified in the notice, Beneficiary at its option may require immediate payment in full of <br />all sums secured by this Security Instrument without further demand and may invoke the power of sale <br />and exercise all other rights and remedies permitted by applicable law. Trustor shall be entitled to collect <br />all expenses incurred in pursuing the remedies provided in this paragraph, including, but not limited to, <br />reasonable attorney's fees and costs of title evidence. If power of sale is invoked, Trustee shall give <br />public notice of sale to the persons and in the manner prescribed by applicable law. Trustee, without <br />demand on Trustor, shall sell the Property at public auction to the highest bidder at the time and place <br />and under the terms designated in the notice of sale in one or more parcels and in any order Trustee <br />determines. Trustee may postpone sale of all or any parcel of the Property by public announcement at <br />the time and place of any previously scheduled sale. Beneficiary or its designee may purchase the <br />Property at any sale. Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser <br />Trustee's deed conveying the Property. The recitals in the Trustee's deed shall be prima facie evidence of <br />the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following <br />order: (a) to all expenses of the sale, including, but not limited to, Trustee's fees as permitted by <br />applicable law and reasonable attorney's fees; (b) to all sums secured by this Security Instrument; (c) to <br />junior lienholders; and (d) any excess to the person or persons legally entitled to it. <br />15. ASSIGNMENT OF RENTS. As additional security, Trustor hereby assigns to <br />Beneficiary the rents of the Property, provided that Trustor shall, prior to acceleration hereunder or <br />abandonment of the Property, have the right to collect and retain such rents as they become due and <br />payable. Upon acceleration as provided herein or abandonment of the Property, Beneficiary (in person, <br />by agent or by judicially appointed receiver) shall be entitled to enter upon, take possession of and <br />manage the Property and to collect the rents of the Property including those past due. Any rents collected <br />by Beneficiary or the receiver shall be applied first to payment of the costs of management of the <br />Property and collection of rents, including, but not limited to, receiver's fees, premiums on receiver's <br />bonds and reasonable attomey's fees, and then to the sums secured by this Security Instrument. <br />16. REMEDIES NOT EXCLUSIVE. Trustee and Beneficiary, and each of them, <br />shall be entitled to enforce payment and performance of any indebtedness or obligations secured hereby <br />and to exercise all rights and powers under this Deed of Trust or under any Loan Instrument or other <br />agreement or any laws now or hereafter in force, notwithstanding some or all of the such indebtedness <br />and obligations secured hereby may now or hereafter be otherwise secured, whether by mortgage, deed of <br />trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its <br />enforcement whether by court action or pursuant to the power of sale or other powers herein contained, <br />shall prejudice or in any manner affect Trustee's or Beneficiary's right to realize upon or enforce any <br />other security now or hereafter held by Trustee or Beneficiary, it being agreed that Trustee and <br />Beneficiary, and each of them, shall be entitled to enforce this Deed of Trust and any other security now <br />or hereafter held by Beneficiary or Trustee in such order and manner as they or either of them may in <br />their absolute discretion determine. No remedy herein conferred upon or reserved to Trustee or <br />Beneficiary is intended to be exclusive of any other remedy herein or by law provided or permitted, but <br />each shall be cumulative and shall be in addition to every other remedy given hereunder or now or <br />hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Loan <br />Instruments to Trustee or Beneficiary or to which either of them may be otherwise entitled, may be <br />exercised, concurrently or independently, from time to time and as often as may be deemed expedient by <br />Trustee or Beneficiary and either or them may pursue inconsistent remedies. Nothing herein shall be <br />3 <br />