99109393 - Laserfiche WebLink

Browse

99 1 � 939� A. Demand that Trustee exercise the POWER OF SALE granted herein, and Trustee shall thereafter cause Trustor' s and Borrower� s interest, if any, in the Property to be sold and the proceeds to be distributed, all in the manner provided in the Nebraska Trust Deeds Act; B. Exercise any and all rights provided for in any of the Loan Instruments or by law upon occurrence of any Event of Default; and C. Commence an action to foreclose this Trust Deed as a mortgage, appoint a receiver, or specifically enforce any of the covenants hereof . Trustee and Lender, and each of them, shall be entitled to enforce payment and performance of any indebtedness or obligations secured and to exercise all rights and powers under this Trust Deed or any Loan Instrument or other agreement or any laws now or hereafter in force, notwithstanding some or all of such indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whether by mortgage, trust deed, pledge, lien, assignment or otherwise. Neither the acceptance of this Trust Deed nor its enforcement, whether by court action pursuant to the Power of Sale or other powers herein contained shall prejudice or in any manner effect Trustee' s or Lender' s right to realize upon or enforce any other security now or hereafter held by Trustee or Lender, it being agreed that Trustee and Lender, and each of them, shall be entitled to enforce this Trust Deed and any other security now or hereafter held by Lender or Trustee in such order and manner as they or either of them may in their absolute discretion determine. No remedy herein conferred upon or reserved to Trustee or Lender is intended to be exclusive of any other remedy herein, or in the Loan Instruments, or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or in the Loan Instruments, or now or hereafter existing at law or in equity or by statute, and may be exercised concurrently, independently or successively. Every power or remedy by any of the Loan Instruments to Trustee or Lender, or to which either of them may be otherwise entitled may be exercised, concurrently or independently from time to time, and as often as may be deemed expedient by Trustee or Lender and either of them may pursue inconsistent remedies . Nothing shall be construed as prohibiting Lender from seeking a deficiency judgment against the Trustor. If Borrower has given Lender a chattel mortgage, or security agreement on personal property and additional security for the debt secured hereby, in the event of default hereunder or thereunder, Lender shall have the right and option to first foreclose on said personal property, without prejudice to its rights to thereafter sell or foreclose the Property or to pursue all security at the same time or to pursue the personal property after the sale or foreclosure ��I of the Property. � 12 . Trustee. The Trustee may resign at any time without I cause, and Lender may at any time and without cause appoint a successor or substitute Trustee. Trustee shall not be liable to any party, including without limitation Lender, Borrower or any purchaser of the Property, for any loss or damage unless due to reckless or willful misconduct, and shall not be required to take any action in connection with the enforcement of this Trust Deed unless indemnified, in writing, for all costs, compensation or expenses which may be associated therewith. In addition, Trustee may become a purchaser at any sale of the Property (judicial or under the power of sale granted herein) ; postpone the sale of all or any portion of the Property, as provided by law; or sell the Property as a whole, or in separate parcels or lots . 13 . Fees and Expenses . In the event Trustee sells the , Property by exercise of power of sale, Trustee shall be entitled � �