Laserfiche WebLink
. ' <br /> gg- s�s310 <br /> (� Abandonment of the Property. <br /> 12. Remedies; Acceleration Unon Default. In the event of and Event of Default, Lender may, without notice except as <br /> required by law, declare all indebtedness secured hereby to be due and payable, and the same shall thereupon become due and <br /> payable without any presentment, demand,protest or notice of any kind. Thereafter,Lender may: <br /> (a) Demand that Trustee exercise the POWER OF SALE granted herein, and Trustee shall thereafter <br /> cause Trustor's interest in the Property to be sold and the proceeds to be distributed, all in the manner provided in <br /> the Nebraska Trust Deeds Act; <br /> (b) Exercise any and all rights provided for in the Note,this Deed of Trust or by law upon occurrence of <br /> any Event of Default;and <br /> (c) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver or specifically <br /> enforce any of the covenants hereof. <br /> No remedy herein conferred upon, or reserved to, Trustee or Lender is intended to be exclusive of any other remedy herein, in the <br /> Note or by law provided or permitted,but each shall be cumulative, shall be in addition to every other remedy given hereunder, in <br /> the Note or now or hereafter existing at law or in equity or by statute, and may be exercised concurrently, independently or <br /> successively. <br /> 13. Trustee. The Trustee may resign at any time without cause, and Lender may at any time and without cause appoint a <br /> successor or substitute Trustee. Trustee shall not be liable to any party, including, without limitation,Lender,Bonower, Trustor or <br /> any purchaser of the Property, for any loss or damage unless due to reckless or willful misconduct, and shall not be required to take <br /> any action in connection with the enforcement of this Deed of Trust unless indemnified, in writing, for all costs, compensation or <br /> expenses which may be associated therewith. In addition, Trustee may become a purchaser at any sale of the Property(judicial or <br /> under the power of sale granted herein); postpone the sale of a11 or any portion of the Property, as provided by law; or sell the <br /> Property as a whole,or in separate pazcels or lots at Trustee's discretion. <br /> 14. Fees and ExQenses. In the event Trustee sells the Property by exercise of power of sale, Trustee sha11 be entitled to <br /> apply any sale proceeds first to payment of a11 costs and expenses of exercising power of sale, including a11 Trustee's fees, and <br /> Lender's and Trustee's attorney's fees actually incurred to the extent pernutted by applica.ble law. In the event Borrower or Trustor <br /> exercises any right provided by law to cure an Event of Default, Lender sha11 be entitled to recover from Trustor all costs and <br /> expenses actually incurred as a result of Trustor's default, including, without limitation, all Trustee's and attorney's fees, to the <br /> extent permitted by applicable law. <br /> 15. Future Advances. Upon request of Borrower, Lender may, at its option, make additional and future advances and <br /> readvances to Borrower. Such advances and readvances, with interest thereon, shall be secured by this Deed of Trust. At no time <br /> shall the principal amount of the indebtedness secured by this Deed of Trust,not including sums advanced to protect the security of <br /> this Deed of Trust,exceed the original principal amount stated hereiq or$0.00,whichever is greater. <br /> 16. Miscellaneous Provisions. <br /> (a) Bonower Not Released. Extension of the time for payment or modification of amortization of the sums <br /> secured by this Deed of Trust granted by Lender to any successor in interest of Borrower shall not operate to release, in any <br /> manner, the liability of the original Borrower and Bonower's successors in interest. Lender sha11 not be required to commence <br /> proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by <br /> this Deed of Trust by reason of any demands made by the original Borrower and Borrower's successors in interest. <br /> (b) Lender's Powers. Without affecting the liability of any other person liable for the payment of any obligation <br /> herein mentioned, and without affecting the lien or charge of this Deed of Trust upon any portion of the Property not then or <br /> theretofore released as a security for the full amount of all unpaid obligations, Lender may, from time to time and without notice, <br /> (i)release any person so liable;(ii)e�rtend the maturity or alter any of the terms of any such obligations;(iii)grant other indulgences, <br /> (iv) release or reconvey, or cause to be released or reconveyed at any time at Lender's option any parcel, portion or all of the <br /> Property;(v)take or release any other or additional security for any obligation herein mentioned;or(vi)make compositions or other <br /> arrangements with debtors in relation thereto. <br /> (c) Forbearance bv Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy <br /> hereunder or otherwise afforded by applicable law sha11 not be a waiver of, or preclude the exercise of, any such right or remedy. <br /> The procurement of insurance or the payment of t�es or other liens or charges by Lender sha11 not be a waiver of Lender's right to <br /> accelerate the maturity of the indebtedness secured by this Deed of Trust. <br /> (d) Successors and Assigns Bound:Joint and Several Liability: Captions. The covenants and agreements herein <br /> contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Trustor. All <br /> covenants and agreements of Trustor shall be joint and several. The captions and headings of the paragraphs of this Deed of Trust <br /> aze for convenience only and are not to be used to interpret or define the provisions hereof. <br /> (e) Request for Notices. The parties hereby request that a copy of any notice of default hereunder and a copy of <br /> any notice of sale hereunder be mailed to each party to this Deed of Trust at the address set forth above in the manner prescribed by <br /> applicable law. Except for any other notice required under applicable law to be given in another manner, any notice provided for in <br /> this Deed of Trust shall be given by mailing such notice by certified mail addressed to the other parties, at the address set forth <br /> above. Any notice provided for in this Deed of Trust sha11 be effective upon mailing in the manner designated herein. If Trustor is <br /> more than one persoq notice sent to the address set forth above sha11 be notice to all such persons. <br /> Pa 3 of 4 <br /> � <br />