Laserfiche WebLink
200306192 <br />Lender's interest in the Property, Lender may in its own discretion, but without obligation to do so, and without <br />notice to or demand upon Borrower and without releasing Borrower from any obligation, do any act which the <br />Borrower has agreed but fails to do and may also do any other act it deems necessary to protect the security hereof. <br />Borrower shall, immediately upon demand therefor by Lender, pay to Lender all costs and expenses incurred and <br />sums expended by Lender in connection with the exercise by Lender of the foregoing rights, together with interest <br />thereon at the rate provided in the Note, which shall be added to the indebtedness secured hereby. Lender shall not <br />incur any personal liability because of anything it may do or omit to do hereunder. <br />8. Events of Default. The following shall constitute an event of default under this Deed of Trust: <br />(a) Failure to pay any installment of principal or interest or any other sum secured hereby <br />when due, or failure to pay when due any other indebtedness of Borrower to Lender; <br />(b) A breach of or default under any provision contained in the Note, this Deed of Trust, any <br />document which secures the Note, and any other encumbrance upon the Property; <br />(c) A writ of execution or attachment or any similar process shall be entered against <br />Borrower which shall become a lien on the Property or any portion thereof or interest therein; <br />(d) There shall be filed by or against Borrower an action under any present or future federal, <br />state or other statute, law or regulation relating to bankruptcy, insolvency or other relief for debtors; <br />or there shall be appointed any trustee, receiver or liquidator of Borrower or of any part of the <br />Property, or the rents, issues or profits thereof, or Borrower shall make any general assignment for <br />the benefit of creditors; <br />(e) The sale, transfer, assignment, conveyance or further encumbrance of all or any part of <br />or any interest in the Property, either voluntarily or involuntarily, without the express written consent <br />of Lender. <br />(f) If Borrower is not an individual, the sale, transfer, assignment, conveyance or <br />encumbrance of more than e/ /A per cent of (if a corporation) its issued and outstanding stock of <br />(if a partnership) _rig_ per cent of partnership interests. <br />9. Remedies; Acceleration Upon Default. In the event of any Event of Default Lender may declare all <br />indebtedness secured hereby to be due and payable and the same shall thereupon become due and payable without <br />any presentment, demand, protect or notice of any kind. Thereafter Lender may: <br />(a) Demand that Trustee exercise the POWER OF SALE granted herein, and Trustee shall <br />thereafter cause Borrowers interest in the Property to be sold and the proceeds to be distributed, all <br />in the manner provided in the Nebraska Trust Deeds Act; <br />(b) Either in person or by agent, with or without bringing any action or proceeding, or by a <br />receiver appointed by a court and without regard to the adequacy of its security, enter upon and take <br />possession of the Property, or any part thereof, in its own name or in the name of Trustee, and do any <br />acts which it deems necessary or desirable to preserve the value, marketability or rentability of the <br />Property, or part thereof or interest therein, increase the income therefrom or protect the security <br />hereof and, with or without taking possession of the Property, sue for or otherwise collect the rents, <br />issues and profits thereof, including those past due and unpaid, and apply the same, less costs and <br />expenses of operation and collection including attorneys fees, upon any indebtedness secured hereby, <br />all in such order as Lender may deternme. The entering upon and taking possession of the Property, <br />the collection of such rents, issues and profits and the application thereof as aforesaid, shall not cure <br />or waive any default or notice of default hereunder or invalidate any act done in response to such <br />default or pursuant to such notice or default and, notwithstanding the continuance in possession of <br />the Property or the collection, receipt and application of rents, issues or profits, Trustee or Lender <br />shall be entitled to exercise every right provided for in any of the Loan Instruments or by law upon <br />occurrence of any event of default, including the right to exercise the power of sale; and <br />(c) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, <br />or specifically 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 <br />remedy herein or by law provided or permitted, but each shall be cumulative, shall be in addition to every other <br />remedy given hereunder or now or hereafter existing at law or in equity or by statute, and may be exercised <br />concurrently, independently or successively. <br />