Laserfiche WebLink
ff"A <br />. r. <br />t th <br />t <br />A <br />it <br />1 L fg OdelrMj ftetedat lie. Upon default by Trustor n flit pormeet of or p,trfarmonce of the term and conditions of the Note, or any renewals, modificotions or etttensions thereof, or the payment of any other indebtedness secured hetreby or in the performance <br />of any of the convenearts or agreements hereunder. Beneficiary may declare all sums secured hereby immediately due and payable and the some <br />shall thereupon became due and payable without presentment, demand, protest or notice of my kind. Thereafter, Beneficiary may deliver to <br />Trustee a written declaration of default and dem ind for soft. Trustee shall have the power of sole of the PrWty and if Beneficiary decides the <br />Property is to be sold it stall deposit with Trustee this Deed of Trust and the Note or notes and any other documents evidencing expenditures <br />secured hereby, and stall deliver to Trustee o written notice of default and election to cause the Property to be sold. and Trustee, in turn, shall <br />prepare a similar notice in the form required by low which shall be duly filed for record by Trustee. <br />(a) After the lapse of such time as may, be required by low following the recordation of Notice of Default, and Notice of Default and Notice of <br />Sole having been given as required by law, Trustee, without demand on Trusta, shall sell the Property in one or more parcels and In such order <br />as Truster may determine on the dote and of the time and piece designated in said Notice of Sale, at public auction to the highest bidder, the Pur- <br />chase price payable in cash in lawful money of the United States at the time of sole. The person conducting the sole may, for any cause he or she <br />deems expedient, postpone the sale from time to time until it shall be completed and, in every such case, notice of postparwmertt shall be given <br />by public declaration thereof by such person at the time and place last appointed for the sate; provided, if the sole is postponed for longer than <br />one (1) day beyond the day designated in the Notice of Sole, notice thereof shall be given in the some reenter as the Original Notice of Sole. <br />Trustee shall execute axed deliver to the purchaser its Dead conveying the Property so sold, but without any conversant or warranty, express. or <br />implied. The recitals in the Deed) of any matters or facts shall be conclusive proof of the truthfulness thereof. Any W10n, including without <br />limitation Trustee, may purchase at tthe sole <br />(b). When Trustee sells pursuant trj the powers herein. Trustee shall apply the proceeds of the sale to payment of the costs and expenses of <br />exercising the power of sole and of the sale, including, without limitation, the paytrrent of Trustee's Fees incurred. which Trustee's Fees shall not <br />in the aggregate exceed the fi;Vewirg amounts based upon the amount secured hereby and remaining unpaid: 5 percentum on the bekwK* <br />thereof; and then to the items set, forth in subparagraph (c) hereof in the order therein stated. <br />(c) After paying the items specifies+ in subparagraph (b), if the sd,- s by Trustee, or the proper court and other costsofofaecbsure and sate <br />if the Sale is pursuant to judicial faeetosure, the proceeds of sale sihal+ be applied in the order stated below to the payment <br />(1) cost of any evidence of title procured in connectlon with such sole and of any revenue required to be paid. <br />(2) Attorneys fees; <br />(3) All sums then secured hereby: <br />(4) Junior trust deeds, mortgages, or other lienholders; and <br />(5) The remainder, if any, to the person or persons legally entitled thereto. <br />(d) If the Beneficiary of this Deed of Trust is a bank as defined by Nebraska low, any statement contained in any other section of this deed <br />notwithstanding, the Beneficiary sho, not be entitled to receive or take and debtor shall not be obligated to pay or give: any .:on'fession of judg- <br />ment, power of attorney to confess judgment, power of attorney to appear fa a borrower in a judicial proceeding or agreemert to pay the costs <br />of collection of the attorneys' fees, unless such : c is of collection would not otherwise be prohibited by Nebrasim low. Provided, however, that <br />this section does not apply to the Trustee fee re-terred to in paragraph 6 lb). Provided further, that this porag7aor, shall not apply to this Deed of <br />Trust, if the Beneficiary is not a bank. <br />12. Additional Security Insfnrsssets. Truster, of its expense, will execute and deliver to the Beneficiary, promptly upon demand, such securt <br />ty instruments as may be required by benef iciary, in form and substance satisfactory to Beneficiary, covering any of the Property conveyed by <br />this Deed of Trust, which security instruments sholl be additional security forTrustor s faithful performance of all of the terms, covenants and <br />conditions of this Deed of Trust, the promissory notes secured hereby and any other security instruments executed in connection with this tran- <br />saction. Such instruments shall be recorded a filed at Trustor's expense. <br />13• Applikedend of Succsssa Trudet. Beneficiary may, from time to time, by a written instrument executed and acknowledged by <br />Beneficiary, mailed to Trustor and recorded in the county or counties in which the Property is located and by otherwise complying with the provt- <br />signs of the applicable laws of the Stole of Nebraska. substitute a successor or successors to the Trustee named herein or acting hereunder. <br />14. lespteefte s. Beneficiary, or its agents Representatives or workmen, ore authorized to enter at any reasonable time upon or in any part <br />of the Property for the purpose of inspecting the same and for the purpose of performing any of the acts it is outhroized to perform under tt+e <br />terms of the Quad of Trust. <br />15. Option to Foreclose. Upon tt* occurrence of any default hereunder, Beneficiary shore t eve the option to foreclose this Deed of Trust in <br />the manner provided by law for the foreclosure of mortgages on real property. <br />16. forebeevexee by Beneficiary Not Welver. Any forebearance by Beneficiary in exercising any right or remedy hereunder, or otherwise <br />afforded by applicable low• shall not bell waiver of or preclude the exercise of any such right or remedy. likewise, the waiver by Beneficiary of <br />any default of Trustor under this Geed of Trust shall not be deemed to be a waiver of any other or similar defaults subsequently occurring. <br />17. Tnator Not Releesed. (Extension of the time for payment or modification or amortization of the sums secured by this Geed of Trust <br />granted by Beneficiary to any successor in interest of Trustor shall not operate to release. in any manner. the liability of the original Trustor and <br />Trustor's successor in interest. Beneficiary shrill not be required to commence proceedings against such successor or refuse to extend time for <br />payment or otherwise modify amortization of the sums secured by this Deed of Trust by reason of any demand made by the original Trustor and <br />Trustor's successor in interest. <br />'B. lieneMciory's Powers. ;it, ,n:u' effecting the liability of the Trustor a any other rpr : ^r ;able for the payment of any obligation herein <br />• mentoned. end w;tfAUt offect:r. ;' -ye lien or charge of this Deed of Trust upon any portior c^ -re Property not then or theretofore released as <br />secur rY fCr ttr •'sr -*•aunt of all unpaid obligations. Beneficiary may from •- re'c time cnr. w 0rncut nonce. W release any person so liable ' <br />e cur.1 "+e o►1a : ~ 'y cc alter any of the terms of any such obligations. l.. ,-a other ,ndu ge•:ces. ov) release or reronvey. ur cause ba <br />released ortrleconveyed of any time at Beneficiary's options onv pr_•cel. port on or all of "o? P oue•ry. Ivl take or release any ether o► additional <br />1 secu•Ky for any obligation herein mentioned or t, ,.....e : _—oc,3 ' tins or other orrangerren. '!, w!tr debtors in relation tt er4•; <br />... ....__ .. -.�_ -- ,�� .. ....• t,...... " «„� -- "-.ct.�P'c onhon onor to ralcr- ,+vane of the Property 1., 7%; *or may mGke <br />17. frrrrf Mt�lq.t�, vp,•• •cy..� ~• .• •• <br />future advances to Trustor. Such future adrancps with interest thereon shall be secured 1)v iris Trust when ev,aenced by prcrr=.,s•:ry <br />notes stating that said notes are secured hereby provided that at no time shall the secureft -16pal ,"'rr4 advances. not including sum• '13 s <br />r <br />* vaned to protect the security exceed an aggregate Principal amount of S i <br />20. Rerenveyerm by Trustee. Upon written request of Beneficiary ,tat mg that all suns secured hereby hove been paid and upon surrender <br />of this Deed of Trust and the Note to Trustee for cancellation and retention and upon poyroent by Irusfor of Trdstee s fees l;ustPe shall <br />reconvey to Trustor. or the person or persons legally entitled thereto without warrantyi one portion of the Property then held hereurktet The <br />recitals in such reconveyonce of any matters or facts shall be conclusive proof of the truthfulrupss thereof The grantee m any reconvevanc a may <br />be described as "the person or persons legally entitled thereto <br />c- <br />I •� -r <br />1t, <br />