Laserfiche WebLink
LAW OFFICE <br />BRAD MONCRIEF, <br />L.L.C. <br />1239 N. Burlington Ave., <br />Suite 200 <br />Hastings, NE 68901 <br />(402) 462-5353 <br />202403964 <br />of and binds all parties hereto, their heirs, legatees, devisees, personal representatives, successors <br />and assigns. The term "Beneficiary" shall mean the owner and holder of the Note, whether or <br />not named as Beneficiary herein. <br />8. SALE OF SECURED PROPERTY. It is hereby agreed between the Beneficiary and <br />Trustor, in the event that the Trustor shall sell the property then the Deed of Trust and <br />Promissory Note shall become due and payable immediately. <br />9. INSPECTIONS. Beneficiary, or its agents, representatives or workmen, are <br />authorized to enter at any reasonable time upon or in any part of the Trust Estate for the purpose <br />of inspecting the same and for the purpose of performing any of the acts it is authorized to <br />perform under the terms of any of the Loan Instruments. <br />10. EVENTS OF DEFAULT. Any of the following events shall be deemed an event of <br />default hereunder: <br />(a) Trustor shall have failed to make payment of any installment of interest, principal, or <br />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, agreement, <br />condition, provision, representation or warranty contained in any of the Loan Instruments or in <br />any mortgage or security instrument which is superior to this Deed of Trust upon the Property. <br />11. ADDITIONAL EVENTS OF DEFAULT; TRANSFER OF PROPERTY. If all or <br />any part of the Property or any interest therein is sold or transferred by Trustor's without <br />Beneficiary's prior written consent, excluding (a) the creation of a lien or encumbrance <br />subordinate to this Deed of Trust, (b) the creation of a purchase security interest for household <br />appliances (c) a transfer by devise, descent or by operation of law upon the death of a joint tenant <br />or (d) the grant of any leasehold interest of three years or less not containing an option to <br />purchase, Beneficiary's may, at Beneficiary's option, declare all the sums secured by this Deed of <br />Trust to be immediately due and payable. <br />12. ACCELERATION UPON DEFAULT, ADDITIONAL REMEDIES. Should any <br />event of default occur Beneficiary may declare all indebtedness secured hereby to be due and <br />payable and the same shall thereupon become due and payable without any presentment, <br />demand, protest or notice of any kind. Thereafter Beneficiary may: <br />(i) Either in person or by agent, with or without bringing any action or proceeding, or by <br />a receiver appointed by a court and without regard to the adequacy of its security, enter upon and <br />take possession of the Trust Estate, or any part thereof, in its own name or in the name of <br />Trustee, and do any acts which it deems necessary or desirable to preserve the value, <br />marketability or rentability of the Trust Estate, or part thereof or interest therein, increase the <br />income therefrom or protect the security thereof and, with or without taking possession of the <br />Trust Estate, sue for or otherwise collect the rents, issues and profits thereof, including those past <br />due and unpaid, and apply the same, less costs and expenses of operation and collection, <br />including attorneys' fees to the extent allowed by law, upon any indebtedness secured hereby, all <br />in such order as Beneficiary may determine. The entering upon and taking possession of the <br />Trust Estate, the collection of such rents, issues and profits and the application thereof as <br />aforesaid, shall not cure or waive any default or notice of default hereunder or invalidate any act <br />done in response to such default or pursuant to such notice of default and, notwithstanding the <br />continuance in possession of the Trust Estate or the collection, receipt and application of rents, <br />issues or profits, Trustee or Beneficiary shall be entitled to exercise every right provided for in <br />any of the Loan Instruments or by law upon occurrence of an event of default, including the right <br />to exercise the power of sale; <br />(ii) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a <br />receiver, or specifically enforce any of the covenants hereof; <br />