Laserfiche WebLink
DEED OF TRUST 203207329 <br />Loan No: 774534 (Continued) Page 6 <br />Right to Cure. If such a failure Is curable and If Borrower or Trustor has not been given a notice of a breach of the same provision of <br />this Dcod of Trust within the prc—1 , twelve (12) months, It may he rtired (and no Event of Default will have accurrach if Borrower <br />or Truster, after Lender sands written noted den ruing cure of such failure '. fa) c es the fatdm within fifteen (15) days; or Ib) If <br />the cure requires more than fifteen it 5) days, immediately Initiates steps sufficient to cure the tallurc and Uoroafor rultlnoes and <br />c mplafen eII masnnokie and bass ssar, steps sufficient to produce compliance as soon as reasonably practical, <br />RIGHTS AND REMEDIES ON DEFAULT. It an Event of Default occurs under this Dead of Trust, ut any time therezfter, Trustee or Lender <br />may exercise any one or more of the following tights and remedies. <br />Acceleration Upon Default, Additional Remedies. If any Event of Default occurs as per the terms of the Note secured hereby, <br />Lender may declare all Indebtedness securud by this Deed of Trust to be doe and payable and the same shall thereupon become <br />due and payable without any presentment, demand protest or notice of any kind- Thereo mr, Land- noy- <br />(al Either In p.-no or by agae with o without bringing any action or proceeding, or by a receiver appointed by a court and <br />without regard to the adequacy of its nits, enter upon and take Litc—sciparr of the Property, or any part thereof, in its <br />own name or in the name of Trustee and do any acts which It der cry or desrable to pre a the value, <br />marketability or rentability of the Property, or part of Me Property o interest in the Properly; is u the hounie train the <br />Property or protect the security of the Property; and, with o without t taking possession of the Property, sue for or otherwise <br />collent the rants, ITS HAS and profits of the Property, including those past due and unpaid, and apply the same, less costs and <br />expenses of operation and Collection attorneys' fees, to any indebtedness s raFl n by this D Of Trust, all in such order as <br />Lender may deter The entering upon and moo, pus a of the Poperty, the collection of a ich rants, s and <br />profits, and the application thereof shall not cure o any default or notice of default under fifty Dodd OfsTrust or <br />validate any act done response to such default worvpursuant to such notice of default; and, notwithstanding the <br />On a h pus not the Property or the nolleotion, r aipt and application of rents, r profits. Trustee or <br />Lender shall be entitled to c very right provided for 'n the Note or the Related Documents or by law upon the <br />occurrence of any event of default, including the right to exercise the power of sale; <br />(b) Commence a action m foreclose this Deed of Trust as a mortgage, appoint a receiver or specifically enforce any of the <br />nn <br />save at. berd'i and <br />(c) Deliver to Trustee a written declaration of default and throated for sale and a written notion of default and election to <br />cause Truster's Interest in the Property to be sold which notice Trustee shall cause to be duly tiled for record In the <br />epprnpriam officer. of the County in which the Property is located; and <br />(d) With respect to all or any part of the Porteral Property, Lendur still love all the rights and remedies Of a second party <br />under the Nebraska Uniform Commercial Code. <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 Dead Of Trust and the Note and such r aims and evidence of expenditures made and <br />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 Truster such <br />Notice of Defaadt and Notice of Sala as than required by law and by this Deed of Trust. Trustee shall, without demand on <br />Toaster, after such time as may then be required by law and after ry - slot -1 of adult Notice of Default and after house of <br />Sale having been given as required by law, sell the Property el Nit time and place of sale fixed by it in such Notice of Sale, <br />either a whole, o separate lots or parcels or items as Trustee shall deem expedient, and in such order as It may <br />deform'moa A public auction ro the hlnheet bidder for cash in lawful money of the United States payable at the time of sale, <br />Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient deed or deeds conveying the property s <br />sold, but without any covenant or aants, express or Iruphod The rocitols in such deed of any matters or facts shall he <br />e proof of the truthfulness hereof, Any person, including without limitation Trustor, Trustee, or Lender, may <br />pus <br />Purchase at such sale. <br />Ibl As may be permitted by law, after deducting all costa, fees and expenses of Trustee and of this Trust, including costs of <br />evidence of title In connection with sale, Trustee shall apply the proceeds of sale to paynonf of (i) all rums expended Inner <br />the terms of this Deed of Trust or under the terms of the Note not then repaid including but not limited to Ordned Interest <br />and late charges, (ii) all other sums then secured hereby- and (III) the remainder, if any, to the person or persons legally <br />entitled tteretc. <br />(s) 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 scoured by Thin Deed of Trust and toe ei all riqhts and powers under This Deed of Trust, under the <br />Note, under any of the Rcla eel Docuranals, Or undur any Other dmemh ant or my laws Low or heraalter In fame, notwithstanding, <br />some r all of such indebtedness and obligations secured by this Deed of Trust may now or hereafter be otherwise secured, whclher <br />by mroxlape, dead of trust, pledge, Ilan, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, <br />whether by court option or pun rut to Lire pow Of sale O other pow not —Ted in this Deed of Trust, shall prejudice o any <br />manner affect Trustee's or Lender 'a right to realize upon O enforce any uthcr security n Or hereafter held by Trustee or Lender, it <br />being agreed that Trustee and Lender, and each of them, shall be entitled to enforce this Deed of Trust and any other security new or <br />hereafter hold by Lender or Trustee In such order and m s they o either of them may In their absolute discretion determine. No <br />remedy conferred upon vcd to Trustee Or Linde manner <br />to be i-sclu-,ve of any other r rely In this Deed Of Trust or by is <br />w provided or permitted, but each shall be mlabc <br />v and shall be h slnitio to ery other adY InVen in thin Tend of Trust or <br />or hereafter der existing t at law or in equity or m statute, Every power or may remedy <br />be given se the Note en an or i [been Related nti Documents <br />to nine or Lander or To which either of them may be otherwise entitled, may be exercised, concurrently o e inconsistent from time <br />to tin and i Offal hay he ribs art expedient o Trustee or Lander, and either of them may pursue '. T,t, r manias. <br />meant m this Lord i or Trust doll boo Election as Lender to Lender ham seeking z l not exclu Ie pmam apa nst the Trusmr to the <br />extent such action Is permitted by law. oEleetion by Lender to pursue any remedy shall not exclude pursull of any other rvnmdy, anJ <br />