200206367 - Laserfiche WebLink

Browse

200206367 (a) Upon receipt of such notice from Beneficiary, Trustee shall cause to be recorded published and delivered to Truster such Nolieu of Default and Notice of Sale as then required b, law and by this Second Deed of Tni,t. Trustee shall, without demand on Truster, after such time as may then be required by law and aflcr recordation of such Notice of Default and after Notice of Sale having been given as required by law, sell the Trust Estate at the nine and place of sale fixed by it in such Notice of Sale, either as a whole, or in separate lots or parcels or items as Tmstee shall decor expedicnL and in such order as it may determine. at public auction to the highest bidder for cash in lawful money of the United States payable at die time of sale. Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient deed or deeds conveying the properly so sold, but without any covenant or warrant, express nr implied. The recitals in such deed of may matters or facts shall be couclueivc proof of the faithfulness thereof Any person, including without limitation Truster, Trustee or Beneficiary, may purchase at such sale. (b) As may be permitted by law, after deducting all costs, fees and expenses of Trustee and of this Trust. including costs of midence of title in connection with sale. Trustee shall apply the proceeds of sale to payment of (I) the Indebtedness (ii) all other sums Ihun secured hereby, and (iii) the remainder, if any, to die person or persons legally entitled thereto. (c) 'trustee may in die manner poor, tried by law postpone sale of all or any portion of the Trust Estate. 12. /tenred /ec Nor /Lmhxdve. Trustee and Beneficiary. and each oftlhent shall be endued to enforce payment and performance of any indebtedness or obligations secured hereby and to exercise all rights and powers under this Second Deed of Trust or under an7 Loan Instrument or other agreement or any laws now or hereafter in force; notwithstanding, some or all of the such indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whelhcr by ncrlgagc. decd of trust, pledge, lien, assignment or otherwise. Neither the acceptance of lids Sccnnd Deed of Trust nor its enforcement, whetter by court order or pursuant to the power of sale ur other power, burro, conlaincd. shall prejudice or to any manner alfect'frustee's or But efician'.s right to realize upon or enforce any other security now or hereafter held by Trustee or Beneficiary, it bci rig agreed that Tmstce and Beneficiary', and each of the, shall be entitled to cofoav this Second Decd of Trust and any other security now or hereafter held by Beneficiary or Trustee in such order and manner as Ihcy or either of them may in their absolute discretion demnnine No remedy beruin confcocd upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be emnulaine and shall be in addilinn to cycry other remedy given hereunder or now or hereafter existing at law or in equity or by statute Ever power or remedy given by any of the Loan Instruments to Trustee or Beneficiary or In which either ofthem may be otherwise entitled, maybe exercised, concurrendv or independently, from time to time and rye off a, as may be deemed expedient by Trustee or Benefrciary and either of them may pursue inconsistent remedies_ Nothing herein shall be construed as pro9hibidng Benefcian from seeking a defrciencyjudgment against the Toaster to the extent such action is pernhiuoil by Iaw_ 11 RequesI fi, A' ca, e. Truster and all other parties set forth herein hereby rapuusls a copy of muv Notice of Default and a copy of any Notice of Sale hereunder be mailed to (hem at the address set forth in the first paragraph of lids Second Deed of Trust 14. Governing Law. This Second Deed of Trust shall he govcmcd by and construed in accordance with the laws of the State of Nebraska - In the cvcnl Iha( any provision or clause of any of the Loan Instruments conflicts with applicable latm, such conflict shall not affect other provisions of such Loan Instruments which can be given effect withrout the conflicting provision, and to this end the porn isions of the Loan Instruments am declared lobe s'cvcrable This instrument cannot be waived, changed, discharged or terninc led onalb. but only by an instrument in writing signed by the pant against whom enforcemc it of any waive, . change, discharge orterantrouron is sought. I)JiZ