Laserfiche WebLink
202502509 <br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser, Trustee's deed <br />conveying the Property sold. Recitals in the Trustee's deed shall be prima facie evidence of the truth of <br />the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all <br />reasonable costs and expenses of the sale, including but not limited to, Trustee's fees of not more than <br />1.5% of the gross sale price, reasonable attorney fees and costs of title evidence; (b) to all sums secured <br />by this Deed of Trust; and (c) the excess, if any, to the person or persons legally entitled thereto. Any <br />person, including Beneficiary, may purchase said Property at said sale. <br />The person conducting the sale may, for any cause he or she deems expedient, postpone the sale <br />from time to time until it shall be completed and, in every such case, notice of postponement shall be given <br />by public declaration thereof by such person at the time and place last appointed for the sale; provided, if <br />the sale is postponed for longer than Forty -Five (45) days beyond the date designated in the notice of sale, <br />notice thereof shall be given in the same manner as the original notice of sale. <br />14. Remedies Not Exclusive. Trustee and Beneficiary, and each of them, shall be entitled to enforce <br />payment and performance of any indebtedness or obligation secured hereby and to exercise all rights <br />and powers under this Deed of Trust or under any loan instrument or other agreement or any laws now <br />or hereafter enforced, notwithstanding some or all of the indebtedness and obligations secured hereby <br />which may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, lien, <br />assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, whether by <br />court action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any <br />manner affect Trustee's or Beneficiary's right to realize upon or enforce any other security now or <br />hereafter held by Trustee or Beneficiary, it being agreed that Trustee and Beneficiary, and each of them, <br />shall be entitled to enforce this Deed of Trust and any other security now or hereafter held by the <br />Beneficiary or Trustee in such order and manner as they, or either of them, may in their absolute <br />discretion determine. No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended <br />to be exclusive of any other remedy herein or by law provided or permitted, but each shall be <br />cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing <br />at law or in equity or by statute. Every power or remedy given by any of the loan instruments to Trustee <br />or Beneficiary or to which either of them may be otherwise entitled may be exercised, concurrently or <br />independently, from time to time and as often as may be deemed expedient by Trustee or Beneficiary, <br />and either of them may pursue inconsistent remedies. Nothing herein shall be construed as prohibiting <br />Beneficiary from seeking a deficiency judgment against Trustor to the extent such action is permitted by <br />law. <br />15. Request for Notice. Trustor hereby requests a copy of any notice of default and that any notice of <br />sale hereunder be mailed to Trustor at the address set forth in the first paragraph of this Deed of Trust. <br />16. Appointment of Successor Trustee. Beneficiary may, from, time to time, by written instrument <br />executed and acknowledged by Beneficiary, mailed to Trustor and recorded in the County in which the <br />Property is located and by otherwise complying with the provisions of the applicable law of the State of <br />Nebraska, substitute a successor or successors to the Trustee named herein or acting hereunder. <br />17. Successors and Assigns. This Deed of Trust applies to, and inures to the benefit of, and binds all <br />parties hereto, their heirs, legatees, devisees, personal representatives, successors and assigns. The term <br />"Beneficiary" shall mean the owner and holder of the note, whether or not named as Beneficiary herein. <br />18. Beneficiary's Powers. Without affecting the liability of any other person liable for the payment of <br />any obligation herein mentioned, and without affecting the lien or charge of this Deed of Trust upon any <br />portion of the Property not then or theretofore released as security for the full payment of all unpaid <br />obligations, Beneficiary may, from time to time and without notice: <br />Page 5 of 7 <br />