Laserfiche WebLink
DEED OF TRUST <br />Loan No: 775620 200213595 (Continued) Page <br />may exercise any one or more of the following rights and remedies: <br />Acceleration Upon De ari Addidonal Remedies. If any Event of Default occurs as per the terms of the Note secured hereby, <br />Lender may declare all Indebtedness secured by this Deed of Trust to he due and payable and the same shall thereupon become <br />due and payable without any presard,r.nt, 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 the Property, or any part thereof, in its <br />own name or a the name of Trustee, and do any acts which it deems necessary or desirable to preserve the value, <br />marketability or rentability of the Property, or part of the Property or interest in the Property; increase the income from the <br />Property or protect the security of the Property; and, with or without taking possession of the Property, sue fur or otherwise <br />collect the rents, issues 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 lndabtem ers refuted by this Deed of Trust, all In such order as <br />Lender may determine. The entering upon and taking possession of the Property, the collection of such rents, issues and <br />profits, and the application thereof shall not cure or waive any default o notice of default under this Deed of Trust or <br />validate any act done in response to such default or pursuant to such notice of default; and, notwithstanding the <br />continuance In podueseion of the Property or the collection, rnceipf and application of rents, issues or profits, Trustee or <br />Lender shall be entitled to exercise a cry right provided fur in the Note or the Related Documents or by law area the <br />occurrence of any event of default, including the right to exercise the power of sale: <br />to Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver or specifically enforce any of the <br />covenants hereuC and <br />(d Deliver to Trustee a written declaration of default and demand for sale and a written notice of default and creation to <br />cause Trustor's interest in the Property to be sold, which notice Trustee shall cause to be duly filed for record In the <br />appopriate offices of the County in which the Property Is located and <br />(Of With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured 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 Deed of Trust and the Note and such receipts 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 Default and Netlre of Sale as than required by law and by this Deed of Trust. Trustee shall, without demand on <br />Truslor, after such time as may then be required by law and after recordation of such Notice of Default and after Notice of <br />Sale having been given as required by law, sell the Properly at the time and place of sale fixed by it in such Notice of Sale, <br />either a whole, or in separate lots or parcels or Items as Trustee shall deem expedient, and m such order as it may <br />determine, at pablic auction to the highest 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 dead or deeds conveying the property so <br />sold, but without any covenant or aanty, express or Implied- The reutals in such deed of any matters or facts sham be <br />cone WSive proof of the truthfulness thereof. Any person, including without limitation Truster, trustee, or Lender, may <br />purchase at such sale. <br />(bf 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 the proceeds of sale to payment of if all auras expanded under <br />the forms of this Deed of Trust or under the terms of the Note not then repaid including but not limited to accrued interest <br />antl late charges, (ii) all other sums then securrd berehy, and (iii) the remainder, if any, to the person or persons legally <br />entitled there W. <br />0 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 Deed of Trust and To exereise all rights and powers under this Deed of Trust, under the <br />Note, under any of the Related Documents, or under any other agreement or any laws now or hereafter In farce; notwithstand'mg, <br />some or all of such Indebtedness and obligations secured by this Decd of Trust may now or hereafter be otherwise secured, whether <br />by mortgage, dead of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement <br />whether by c urt action er pursuant to the power of sale or other powers contained in this Deed of Trust, shall prejudice or in any <br />manner affect Trustee's or Lender's right to realize upon or enforce any other security n ow or hereafter held by Trustee or Lender, It <br />being agreed that Trustee and Lender, and each of them, shall be entitled to r of t e this may in of Truss and any other security now or <br />hereafter held re Lender or Trustee in such et,, o and manner tethey or either of them may Iotheir absolute discretion Dead determine. No as <br />law pro conferred upon or reserved to Trustee or Lender, n intended to d exclusive every any other remedy in this Deed Deed Trust or by <br />sew or here to permitted, but each shall be cumulative and shall be in addition to every other remedy given in this Deed of Trust or <br />now or hereafter existing at law or In equity or by statute. Every power or remedy given by the Note en any of Related Documents <br />to Trustee or ender ors which either of them may be otherwise entitletl, may be exercised, concurrently or independently, incotent from time <br />N time and i as often t may be deemed expedient by Trustee or Lander, and either fi them may pursue inconsistent remedies. <br />Nothing in this Deed of Trust shell be construed as prohibiting Lender From seeking a l not deficiency lodgment against the Truster to the <br />extent such action is permitted by law. Election by Lender to pursue any remedy shall not exclude De pursuit of any other remedy, and <br />an action to make expenditures or to take action to perform an obligation of Trustier under this Deed of Trust, after Trustor's failure <br />to perform, shall nut affect Lender's right to declare a default and exercise its remedies. <br />Request for Notice. Trustor, on behalf of Truslor and Lender, hereby requests that a copy of any Notice of Default and a copy of any <br />Notice of Sale under this Dead of Trust be mailed to them at the addresses set forth in the first paragraph of this Deed of Trust. <br />Attorneys Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Deed of Trust Lender shall be <br />entitled to recover such sum as the court may adjudge raaeonable as attorneys' fees at trial and upon any appeal. Whether or not any <br />