Laserfiche WebLink
DEED OF TRUST 200306838 <br />(Continued) Page s <br />execute antl deliver to Trustor, suitable statements of termination of any financing statement on file evidencing Lender's security interest in the <br />Rents and Me Personal Property. Any reconveyance fee required by law shall be paid by Trustor, if permitted by applicable law. <br />EVENTS OF DEFAULT. Trustor will be in default under this Dead of Trust if any of Me following happen: (A) Trustor commits fraud or makes a <br />material misrepresentation at any time in optica tlon with the Credit Agreement. This can include, for example, a false statement about Trustor'e <br />income, assets, liabilities, or any other aspects of Trustor's financial condition. (B) Trustor does not meet the repayment terms of the Credit <br />Agreement (C) Trustor's action or inaction adversely affects the collateral or Lender's rights in Me collateral. This can Include, for example, <br />failure to maintain required insurance, waste or destructive use of the dwelling, failure to pay taxes, death of all persons liable on the account, <br />transfer of title or sale of the dwelling, creation of a senor lien on the dwelling without Lender's permission, foreclosure by the holder of another <br />lien, or Me use of funds or the dwelling for prohibited purposes. <br />RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust, at any time thereafter, Trustee or Lender may <br />exercise any one or more of the following rights and remedies: <br />Acceleration Upon Default; Additional Remedies. If any Event of Default occurs as per the terms of the Credit Agreement secured <br />hereby, Lender may declare all Indebtedness secured by this Deed of Trust to be due and payable and no same shall thereupon <br />become due and payable without any presentment, demand, protest or notice of any kind, Thereafter, Lender may <br />(a) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court and <br />without regard to the adequacy of its security, enter upon and take possession of no Property, or any part thereof, in its own name <br />or In the name of Trustee, and do any acts which it beams necessary or desirable W preserve Me value, marketability or rentability <br />of no Property, or part of the Property or interest in the Property; increase the income from the Property or protect Me security of <br />the Property; and, with or without taking possession of Me Property, sue for or otherwise collect Me rents, issues and profits of Me <br />Property, including Mose past due and unpaid, and apply the same, less costs and expenses of operation and collection attorneys' <br />fees, to any indebtedness secured by this Deed of Trust, all in such order as Lender may determine. The entering upon and taking <br />possession of the Property, the collection of such rants, issues and profits, and the application thereof shall not cure or waive any <br />default or notice of default under this Deed of Trust or invalidate any act done in response to such default or pursuant to such <br />notice of default; and, notwithstanding the continuance in possession of the Property or the collection, receipt and application of <br />rents, issues or profits, Trustee or Lender shall be entitled to exercise every right provided for in Me Credit Agreement or the <br />Related Documents or by law upon the occurrence of any event of default, including the right to exercise the power of sale; <br />(b) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver or specifically enforce any of the <br />covenants hereof; and <br />(c) Deliver to Trustee a written declaration of default and demand for sale and a written notice of default and election to cause <br />Trustor's interest in Me Property to be sold, which notice Trustee shall cause to be duly filed for record in Me appropriate offices of <br />the County in which Me Property is located; and <br />(d) With respect to all or any part of the Personal Property, Lender shall have all Me rights and remedies of a secured party under <br />the Nebraska Uniform Commercial Cade. <br />Foreclosure by Power of Sale. If Lender elects to foreclose by exercise of the Power of Sale herein contained, Lender shall notify <br />Trustee and shall deposit with Trustee this Deed of Trust and the Credit Agreement and such receipts and evidence of expenditures <br />made and secured by this Deed of Trust as Trustee may require. <br />(a) Upon receipt of such notice from Lender, Trustee shall cause to be recorded, published and delivered to Trustor such Notice <br />of Default and Notice of Sale as then paintetl by law and by Mis Dead of Trust. Trustee shall, without demand on Trustor, after <br />such time as may Men be required by law and after recordation of such Notice of Default and after Notice of Sale having been <br />given as required by law, sell the Property at the time and place of sale fixed by it in such Notice of Sale, either as a whole, or in <br />separate lots or parcels or items as Trustee shall deem expedient, and In such order as it may determine, at public auction to the <br />highest bidder for cash in lawful money of the United States payable at the time of Sala. Trustee shall deliver to such purchaser or <br />purchasers thereof its good and sufficient dead or deeds conveying Me property so sold, but without any covenant or warranty, <br />express or implied. The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any <br />person, including without limitation Trustor, Trustee, or Lender, may purchase at such sale. <br />(b) As may be permitted by law, after deducting all costs, fees and expenses of Trustee and of this Trust, including costs of <br />evidence of title in connection with sale, Trustee shall apply Me proceeds of sale to payment of (1) all sums expended under the <br />terms of this Deed of Trust or under Me terms of the Credit Agreement not Men repaid, including but not limited to accrued interest <br />and late charges, (ii) all other sums Men secured hereby, and fil) the remainder, if any, to the person or persons legally entitled <br />thereto. <br />(c) Trustee may in the manner provided by law postpone sale of all or any portion of the Property . <br />Remedies Not Exclusive. Trustee and Lender, and each of them, shall be entitled to enforce payment and performance of any <br />indebtedness or obligations secured by this Dead of Trust and to exercise all rights and powers under this Dead of Trust, under the Credit <br />Agreement, under any of the Related Documents, or under any other agreement or any laws now or hereafter in force; notwithstanding, <br />some or all of such indebtedness and obligations secured by this Dead of Trust may now or hereafter be otherwise secured, whether by <br />mortgage, dead of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Dead of Trust nor its enforcement, whether by <br />coon action or pursuant to the power of sale or other powers contained in this Dead of Trust, shall prejudice or in any manner affect <br />Trustee's or Lenders right to realize upon or enforce any other security now or hereafter held by Trustee or Lender, it being agreed that <br />Trustee and Lender, and each of them, shall be entitled to enforce this Dead of Trust and any other security now or hereafter held by Lender <br />or Trustee In such order and manner as they or either of them may In their absolute discretion determine, No remedy conferred upon or <br />reserved to Trustee or Lender, is intended to be exclusive of any other remedy In this Dead of Trust or by law provided or permitted, but <br />each shall be cumulative and shall be In addition W every other remedy given in this Dead of Trust or now or hereafter existing at law or in <br />equity or by statute. Every power or remedy given by the Credit Agreement or any of the Related Documents to Trustee or Lender or to <br />which either of them may be otherwise entitled may be exercised, concurrently or independently, from time to time and as often as may be <br />doomed expedient by Trustee or Lender, and either of them may pursue Inconeletent remedies. Nothing in this Deed of Trust shall be <br />