202204759 - Laserfiche WebLink

Browse

202204759 as Beneficiary may determine. The collection of such rents, issues and profits and the application thereof as aforesaid, shall not cure or waive any default or notice of default hereunder or invalidate any act done in response to such default or pursuant to such notice of default and, notwithstanding the collection, receipt and application of rents, issues or profits, Trustee or Beneficiary shall be entitled to exercise every right provided for in any of the Security Instruments or by law upon occurrence of any Event of Default, including the right to exercise the power of sale; (b) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, or specifically enforce any of the covenants of the Security Instruments; or (c) Exercise the power of sale in accordance with the Nebraska Trust Deeds Act; (d) Exercise any other remedies available under applicable law. Upon five (5) business days prior written notice, Beneficiary may, but is under no obligation to, cure an Event of Default on behalf of Maker or Trustor, and, in doing so, may enter upon the Property, and may expend such sums as Beneficiary may deem desirable, including reasonable attorneys' fees, all of which shall be deemed to be advances under the Note, even though such sums may cause the indebtedness to exceed the face amount of the Note, and shall bear interest at the Default Rate provided in the Note and shall be payable by the Maker on demand. 12. REMEDIES NOT EXCLUSIVE. No remedy conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Security Instruments to Trustee or Beneficiary or to which either of them may be otherwise entitled, may be exercised, concurrently or independently, from time to time as often as may be deemed expedient by Trustee or Beneficiary and either of them may pursue inconsistent remedies. Nothing herein shall be construed as prohibiting Beneficiary from seeking a deficiency judgment against the Maker or Trustor to the extent such action is permitted by law. 13. REQUEST FOR NOTICE: Trustor hereby requests a copy of any notice of an Event of Default and that any notice of sale hereunder be mailed to it at the address set forth in the first paragraph of this Deed of Trust. 14. GOVERNING LAW; PARTIAL INVALIDITY; AMENDMENTS. This Deed of Trust shall be governed by the laws of the State of Nebraska. In the event that any provision or clause of any of the loan instruments conflicts with applicable laws, such conflicts shall not affect other provisions of such Security Instruments which can be given effect without the conflicting provision, and to this end the provisions of the Security Instruments are declared to be severable. This instrument cannot be waived, changed, discharged or terminated orally, but only by an instrument in writing signed by the party against whom enforcement of any waiver, change, discharge or termination is sought. 5