Laserfiche WebLink
. <br /> ,.' ', �: ;� '� � ;_ �; 99 10630$ <br /> 5. TRANSFER OF THE PROPERTY;ASSUMPTION. If all or any part of the property or interest therein is sold, transferred or <br /> otherwise conveyed by Trustor wdhout Beneficiary's prior written consent, excluding (a) the creation of a lien or encumbrance <br /> subordinate to this Deed of Trust, (b)the creetion of a purchase money secur'dy interest for household eppliances, (c)a transfer by <br /> devise,descent or by operation of law upon the death of a joint tenant or(d)the grant of eny leasehold interest of three years or less <br /> not containing an option to purchase,such action is a breach of this agreement,and Beneficiary may,at Beneficiary's option,declare <br /> all the sums secured by this Deed of Trust to be immediately due and payable, or cause the trustee to file a notice of default. <br /> Beneficiary shall have waived such option to accelerate 'rf, prior to the ssle, transfer of conveyance, Beneficiary and the person to <br /> whom the property is to be sold or transferred reach agreement in writing that the credit of such person is satisfactory to Beneficiary <br /> and that the interest peyable on the sums secured by this Deed of Trust shall be at such rate as Beneficiary shall request. <br /> 6. ACCELERATION UPON DEFAULT; REMEDIES;SALE.The failure by the Trust�+r to make any payment or to perform any of <br /> the terms and conditions of the Note,or any renewals,modfications or extensions thereof,or the payment of any other indebtedness <br /> secured hereby or in the performence of eny of the covenants or agreements hereunder shall be a breach of this agreement and the <br /> Beneficiary may declare a defauk and may declare all sums secured hereby immediately due and pnyable and the same shall <br /> thereupon become due nnd peyable without presentment,demand,protest or notice of any kind.Thereafter, Beneficiary may deliver <br /> to Trustee e written declaration of defauR and demand for sele. Trustor egrees and hereby grants that the Trustee shall have the <br /> power af snle of the Property end if Beneficiary decides the Properly is to be sold it shall deposit with Trustee this Deed of Trust and <br /> the Note o?notes and eny other documents evidencing expenditures secured hereby,and shall deliver to Trustee a written notice of <br /> defauft and election to cause the Property to be sold, and Trustee, in turn,shall prepare a similar notice in the form required by law, <br /> which shall be duly filed for record by Trustee. <br /> (a) After the lapse of such time as may be required by law following the recordation of Notice of Defauk,and Notice of Default <br /> and Notice of Sale having been given as required by law,Trustee,wfthout demand on Trustor,shall sell the Property in one <br /> or more parcels and in such order as Trustor may determine on the dnte and the time and p!ace designated in said Notice <br /> of Sale, at public auction to the highest bidder,the purchase price payable in cash in Iawful money of the United States at <br /> the time of sale.The person conducting the sale mny,for any cause he or she deems expedient, postpone the sale from <br /> time to time until it shall be completed and,in every such case,notice of postponement shall be given by public declaration <br /> thereof by such person at the time and place Inst appointed for the sale; provided, if the sale is postponed for longer than <br /> one (1) day beyond the day designated in the Notice of Sale, notice thereof shall be given in the same manner as the <br /> original Notice of Sale. Trustee shell execute and deliver to the purchaser ks Deed conveying the Property so sold, but <br /> without any covenant or wnrranty,express,or implied.The recitals in the Deed of any mannera or facts shall be conclusive <br /> proof ot the truthfulness thereof.Any person,including without limitation Beneficiery or Trustee,may purchase at the sale. <br /> (b) When Trustee sells pursuant to the powers herein,Trustee shall apply the proceeds of the sale to payment of the costs <br /> and expenses of exercising the power of sale and of the sale, including,without limitation,the payment of Trustee's Fees <br /> incurred, which Trustee'a Fees shall not in the aggregate exceed the following amounts based upon the amount secured <br /> hereby and remaining unpaid:5 percentum on the balnnce thereof;and then to the items in subparagraph (c)in the order <br /> there stated. <br /> (c) After paying the items specified in subparagraph (b), if the sale is by Trustee, or the proper court and other costs of <br /> foreclosure and snle if the sale is pursuent to judiciel foreclosure,the proceeds of sale shall be applied in the order stated <br /> below to the pnyment of. <br /> (1)Attorneys fees end costs of collection; <br /> (2)Cost of any evidence of title procured in connection wfth such sale and of any revenue required to be paid; <br /> (3)All obligetions secured by this Trust deed; <br /> (4)The remainder,if any,to the person legnlly entdled thereto. <br /> 7. ADDITIONAL SECURITY INSTRUMENTS.Trustor,at its expense,will execute and deliver to the Beneficiary, promptly upon <br /> demand, such security instruments as may be required by Beneficiary, in form and substance satisfactory to Beneficiary, covering <br /> any of the Property conveyad by this Deed of Trust, which security instruments shall be additional security for Trustor's faithful <br /> performance of all the terms, covenents nnd conditions of this Deed of Trust, the promissory notes secured hereby, and any other <br /> security instruments executed in connection with this transaction.Such instruments shall be recorded or filed at Trustor's expense. <br /> 8. APPOINTMENT OF SUCCESSOR TRUSTEE. Beneficiary may, from time to time, by a written instrument executed and <br /> acknowledged by Beneficiary, mailed to Trustor and recorded in the county or counties in which the Property is located and by <br /> otherwise complying wdh tha provisions of the applicnble laws of the State of Nebraske substitute a successor or successors to the <br /> Trustee named herein or acting hereunder. <br /> 9. INSPECTIONS. Beneficiary, or its agents, representetives or workmen, are authorized to enter at any reasonable time upon <br /> or in any part of the Property for the purpose of inspecting the same and for the purpose of performing any of the acts it is authorized <br /> to perform under the terms of the Deed of Trust. <br /> 10. OPTION TO FORECLOSE. Upon the occurrence of any breach and upon the declaretion of defauR hereunder,Beneficiary <br /> shall have the option to foreclose this Deed of Trust in the manner provided by law for the foreclosure of mortgages on real property. <br /> 11. FOREBEARANCE BY BENEFICIARY OR TRUSTEE NOT A WAIVER. Any forebearnnce by Beneficiary or Trustee in <br /> exercising any right or remedy hereunder,or otherwise efforded by applicable law, shall not be a waiver of or preclude the exercise <br /> of any such right or remedy hereunder. Likewise, the waiver by Beneficiary or Trustee of any defauft of Trustor under this Deed of <br /> Trust shall not be deemed to be e weiver of any other or similar defaukc subsequently occurring. <br /> 12. TRUSTOR NOT RELEASED. Extension of the time for payment or modification or amortization of the sums secured by this <br /> Deed of Trust grented by Beneficiary to any successor in interest of Trustor shall not operate to release,in any manner,the liability of <br /> the original Trustor and Trustor's successor in interest. Beneficiary shall not be required to commence proceedings against such <br /> successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Deed of Trust by <br /> reason of any demand made by the originel Trustor and Trustor's successors in interest. <br /> 13. BENEFICIARY'S POWERS. Without affecting or releasing the liability of the Trustor or eny other person liable for the <br /> pnyment of any obligation herein mentioned, and without affecting the lien or charge of this Deed of Trust upon any portion of the <br /> Property not then or theretofore released as security for the full amount of all unpaid obligations, Beneficinry may,from time to time <br /> and without notice at the request of one or more Trustors(i)release any person so liable, (ii)extend or renew the maturity or after any <br /> of the terms of any such obligations, (iii)grant other indulgences, (iv)release or reconvey,or cause to be released or reconveyed at <br /> any time at Beneficiary's options any parcel, portion or all of the Property, (v)take or release any other or additional security for any <br /> obligation herein mentioned, (v) make compositions or other arrangements with debtors in relation thereto. All Trustors shall be <br /> jointly and severally obligated and bound by the actions ot the Beneficiary or any trustor as herein stated. <br /> 14. ATTORNEY FEES,COSTS AND EXPENSES.If the Beneficiary of this Deed of Trust is a bank as defined by Nebraska law, <br /> any statement contained in any othar section of this deed notwRhstanding,the Beneficiary shall not be entitled to receive or take and <br /> debtor shall not be obligated to pay or give;any confession of judgment,power of attorney to confess judgment,power of attorney to <br /> appear for n borrower in a judicial proceeding or agreement to pay the costs of collection or the attorneys'fees, unless the interest <br /> payable by the terms of the Note referred to in this deed is 16%per annum or less,or the note referred to in this deed is repayable in <br /> two or more equal or unequel installments and over a period ot more than one hundred forty-five(145)months.Provided, however, <br /> that this section does not apply to the trustee fee referred to in Paragraph 6.6(b). Provided further that this Paragraph 6.14 shall not <br /> apply to this Deed of Trust,ff the Beneficiary herein is not a bank. <br /> ORIGINAL(1) <br /> M7A91 OL1/ 11.�4IJJ����L� 0/���f�WC�/�/�OV� M�crv�n• . <br />