Laserfiche WebLink
DEED OF TRUST <br />Loan No: 33868 200200815 (Continued) ',. Pages <br />of Default and Notice of Sale as Men required by law and by this Dead On Trust. Trustee steel, without demand on Traitor, after <br />such time as may then be required by law and after recordation of such Notice of Default and after Notice of gale having been <br />given as required by law, sell the Property at the time and place of sale fixed by it o such Notice of Sale, either se a while, or in <br />separate lots or parcels or items as Trustee shell deem "Wiens, and in Such order as R may determine, at public motion to the <br />highest bidder for cash In lawful money of the United States payable at Me time of sale. Trustee shall deliver to such purchaser or <br />purchasers thereof its good and sufficient deed or deeds conveying Me pmperly so sold, but without any covenant Or warranty, <br />express or implied. The recitals In such deed of any matters or facts stall be conclusive proof of the truthfulness thereof. Any <br />person, including without Initiation Truster, Trustee, or Lender, may purchase at such sale. <br />(b) As rtsy be permitted by law, after deducting all costa, fees and expenses of Trustee antl of this Trust, including costs of <br />evidence of tilde in connection with sale, Trustee Shall apply Me proceeds of Sale o payment of (1) all sums expended under the <br />banner of Mis Deed of Trust or under Me terms of the Note rot then repaid, Including but not based to accrued interest and late <br />charges, fill all other sums Man secured hereby, and (Ili) Me remainder, If any, to Me person or pemons legally eraNed Hereto. <br />(c) Trustee may in the manner provided by law postpone Sale of all or any portico of Me Property. <br />Remedle Not Exclusive. Trustee antl Lender, and each of them, shell be era ted to m eme payment and performance of any <br />indebtedness or obligations secured by this Deed of Trust are to exercise all rights and powers uMm Via Deed of Trust, under the Note, <br />under any Of the Related Doorneare, or under any other agreement or any laws now or hereafter in force; notwithstanding, some or all of <br />such indebtedness and ebligaflons secured by Mile Dead of Trust may new or hereafter be otherwise secured, whether by mortgage, . dead d <br />trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Dead of Trust nor its enforcement, whether by court action or <br />pursuant to Me power m sale or other powers contained in Via Deed of Trust, shall prejudice m In any manner affect Trustee's m Lendii <br />right m realize upon or enforce any Other security now or hereafter held by Trustee or Lender, H being agreed Met Trustee and Lender, and <br />each Of them, shell be entitled to enforce this Dan of Twat and my other security now or hmsxter held by Lender or Trustee in Such Order <br />and manner as May or either of mein may In their absolute discretion determine. No ramady conferred upon or reserved to Trustee or <br />Lender. Is intended o be exclusive of amy other remedy in this Deed of Trust m by law provided or permanent, but each shall be Cumulative <br />and shall ho In addition to every other remedy given In thus Deed of Trust Or now or hereafter existing at law or In equity or by statute. Every <br />power or remedy given by Me Note Or any of the Related Documents o Twain or Lender or to which either of Mein may be culminates <br />entitled, may be exercised, concurrently or independently, from Hine to time and as often as may be deemed expedient by Trustee or Lender, <br />and either of them may pursue inconsistent remedies. NoMing in this Deed Of Trust sh ul ho construed as prohibiting Lender from seeking a <br />deflclancy judgment against Me Trustor to the extent such action is permitted by law. Sector, by Lender to pursue. any remedy shall not <br />exclude pursuit of any other remedy, and an election to make expenditures or to take aetim to perform an obligation of Trustor under this <br />Deed of Trust, after Trusters failure to perform, shall not affect Lenders right to declare a default and exercise its remedies. <br />Request for Notice. Truster, on behalf of Trustor and Lender, hereby requests that a copy of any Notice of Default antl a copy of any Notice <br />of Sale under this Dead of Trust be mailed re them at the addresses set ortlr in Me first pmagraph of the Deed Of Twat. <br />Attorneys' Fees; Expense. H Lender institutes any suit or action to enfirca any of the terms of this Deed of Twat, Lender shall be antiHed <br />to recover such sum es Me court may adjudge reasonable as ffiWmeys' foss at Vial and upon any appeal. Whether or not any Court amen is <br />Involved, and to the extent net prohibited by law, all reasonable expenses Lender Irncure that In Lenders opinion are necessary at any time <br />for Me protection of its interest or the enforcement of its rights shell become a part of the Indebtedness payable On demand and shell bear <br />Interest at the Note rate from Me date of Me expenditure until repaid. Expenses covered by the paragraph Include, without limitation, <br />however subject to any limits under applicable law, Lenders atomeys' fees and Lenders legal expenses, whether m not More a a lawsuit, <br />Including attorneys' fee and expenses for bankruptcy proceedings (including efforts o modHy or vacate any automallc stay or injunction), <br />appeals, and any antcipeotl post- judgment collection services, the cost of searching records, obtaining tuts reports ( Including foreclosure <br />reports), surveyors' repods, and aperisal fees, title insurance, and fees for the Trustee, b Me extent permitted by applicable law. Truster <br />also will pay any court coats, In addition to all other some provided by law. <br />Rights of Trustee. Truster, shall have all of fle dgm, am loon of ;.ends, as sct ore, in Vin: amen. <br />POWERS AND OBLIGATIONS OF TRUSTEE. The blowing provisions raising to Me powers and obligations m Trustee are part m Mis Decd of <br />Twin: <br />Powers of Trvslae. In addition to all powers of Trustee arising as a matter of law, Trustee shall have the power M take Me following actions <br />with respect to the Property upon Me written request of Linder and Trusoo (a) join in preparing and filing a map or plat of Me Real <br />Property, Including Me dedication Of streets or other rights to the public; (b) jinn in granting any easement or creating any restriction on Me <br />Real Property: and (c) join In any aubominatlen w other agreement affecting this Deed of Trust Or the interest of Lender under this Deed of <br />Trust <br />Truatea. Trustee shall meet all qualifications required for Trustee under applicable low. In addition o Me rights and remedles set forts <br />above, wit respect to ell or any pad of Me Property, Me Trustee shall have the right to foreclose by nonce and sale, and Lender mall have <br />the right to foreclose by judicial foreclosure, In either case in accordance with and to the full extent provided by applicable law. <br />Successor Trustee. Lender, at Lender's option, may from ma IS time Sproul a successor Trustee to and Trustee appointed under this <br />Dead of Trust by an instrument executed and acknowledged by Lender and recmded In the office of the recorder of Hell County, State of <br />Nebraska. The instrument shall contain, in addition to all other matters required by state law, Me names of the original Lender, Trustee, and <br />Trstm, the book and page (or computer system reference) where this Deed of Trust is recomad, and Me name and address m the <br />successor trustee, and the instrument shall be executed and acknowledged by all no benmidViSS under Mia Dead of Trust or their <br />successors In Interest. The successor trustee, without conveyance of Me Property, shall succeed to all the title, power, antl dutlw wnfaned <br />upon Me Trustee in this Deed of Trust and by applicable law. Time procedure or substhWOn of Trustee shall govern b the exclusion of all <br />other provisions for substitution. <br />NOTICES. Any notice required to be given under his Deed of Trust, Including without limitation any notice of default and any notice of sale shall <br />I» given in writing, and shall he affective when actually delivered, when actually received by telefacsimile (unless otherwise required by law), <br />when deposited with a nationally recognized Overnight courier, or, H mailed, when deposited in Me United States mint, as first class, certltied or <br />registered meil postage prepaid directed to the addresses shown near the beginning of this Dead of Twat. All copies of notices of foreclosure <br />from the holder of any Ilan which has priority over this Deed of Trust shall be sent to Lentler's address, as shown near the beginning of MIS Deed <br />of Trust. Any party may change its address for notices under His Dead of Twat by giving formal within notice to the other polies, Specifying Mat <br />Me purpose of Me r cce is to change Me party's address. For notice purposes, Tremor agrees to keep Lamar infomad at all times of Twstm's <br />current address. Unless otherwise provided o required by law, A there is more than one Tri any notice given by Lender to any Truster is <br />deemed o be notice given a all Trance. <br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a pad of Mis Dead of Twat: <br />Amendments. This Dead of Trust, together with any Related Documents, considutes Me entire understanding and agreement Of Ma parties <br />as o Me matters at forth m this Deed of Trust. No alteration of or amendment to this Deed of Trust stall be effective unless given in writing <br />and signed by Me Way or parties sought to be charged or bound by the alteration or amendment <br />Annual Reports. If the Properly is used for purposes other Man Truster's residence, Truster shall furnish to Lender, upon request, a corttlied <br />statement m net operating ineorne received from Me Property during Trusters previous ascot year In such form and di as Lender shall <br />require. 'Net Operating income' shell mean all cash resepts from the Pai less all cash expenditures made'. in connection with Me <br />operation of the Property. <br />Caption Headings. Caption hearings in this Dead m Trust are for convenience purposes only and are rwt to he used to Interpret or define <br />the provisions of this Deed M Trust. <br />Merger. There shall be no merger of Me Interest or estate created by this Deed of Trust with any other interest or Same in Me Property at <br />any time held by or for the benefit of LaMar in any capacity, without the written consent of Lender. <br />Governing Law. This Deed of Trust will be governed by, construed and enforced In accardence with federal law and the laws of the <br />State of Nebraska. This Deed of Twat has been accepted by Lender In the State of Nebraska. <br />Choice of Venue. If there is a lawsuit, Truster agrees upon Lenders request to submit to the junsdMilon of the courts of Merrick County, <br />State of Nebraska. <br />