Laserfiche WebLink
[rPLPPPPPPPPPPL ➢RL7 <br />DEED OF TRUST 200214135 <br />Loan No: 4360736681 (Continued) Page 7 <br />to Trustee or Lender or to which either of them may be otherwise entitled, may be exercised, concurrently or independently, from time <br />to time aM as often as may be deemed expedient by Trustee or Lender, and either of them may Pursue inconsistent remedies. <br />Nothing in this Deed of Trust shall be construed as prohibiting Lender from seeking a deficiency judgment against the Trustor to the <br />extent such action is permitted by law. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and <br />an election to make expendimrea or to take action to perform an obligation of Trustor under this Deed of Trust, after Trustor's failure <br />to perform, shall not affect Lender's right to declare a default and exercise Its remedies. <br />Request for Notice. Truster, on behalf of Theater and Lender, hereby requests that a copy of any Notice of Default and a copy of any <br />Notice of Sale under this Deed 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 Deetl of Trust Lender shall be <br />entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any <br />court action Is involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that In Lender's opinion are <br />onessary at any time for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable <br />demand and shall bear interest at the Note rate from the date of the expenditure until repaid Expenses covered by this paragraph <br />include, without limitation, however subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, <br />whether or not there is a lawsuit, including attorneys fees and expenses for bankruptcy proceedings (including efforts be modify or <br />vacate any automatic stay or injunction), appeals, and any anticipated post judgment collection services, the cost of searching <br />records, obtaining title reports including foreclosure reports), surveyors' reports, and appraisal fees, title In e and fees for the <br />Trustee, to the extent permitted by applicable law. Truster also will pay any court costs, in addition to all other sums provided by <br />law. <br />Rights of Trustee. Trustee shall have all of the rights and duties of Lender as set forth in this section. <br />POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee are part of this <br />Dead of trust <br />Powers of Trustee. In addition to all powers of Trustee arising as a matter of law, Trustee shall have the power to take the following <br />actions with respect to the Property upon the written request of Lender and Trustor (a) join In preparing and filing a map or plat or <br />the Real Property, including the dedication of streets or other rights to the public; go join in granting any easement or creating any <br />restriction on the Real Property; and Ic) join in any subordination or other agreement affecting this Deed of Trust or the interest of <br />Lantler under this Dead of Trust. <br />Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. In addition to the rights and remedies set <br />forth above, with respect to all or any part of the Property, the. Trustee shall have the right to foreclose by notice and sale, and Lender <br />shall have the right to foreclose by judicial foreclosure, in either case in accordance with and to the full extent provided by applicable <br />law. <br />Successor Trustee. Lender, at Lender's option, may from time to time appoint a successor Trustee to any Trustee appointed under <br />this Deed of Trust by an instrument executed and acknowledged by Lender and recorded in the office of the recorder of Hall County, <br />State of Nebraska. The instrument shall contain, in addition m all other matters required by state law, the names of the original <br />Lender, Trustee, and Trusmq the book and page (or computer system reference) where this Deed of Trust is recorded, and the name <br />and address of the successor trustee, and the instrument shall he executed and acknowledged by all the beneficiaries under this Deed <br />of Trust or their successors in Interest. The successor trustee, without conveyance at The Property, shall succeed to all the title, <br />power, and bodies contacted upon the Trustee in this Deed of Trust and by applicable law. This procedure for substitution of Trustee <br />shall govern to the exclusion of all other provisions for substitution. <br />NOTICES. Any notice required to be given under this Deed of Trust, including without limitation any notice of default and any notice of <br />sale shall be given in writing, and shell be effective when actually delivered, when actually received by teletacsidele (unless otherwise <br />required by )awl, when deposited with a nationally recognized overnight courier, or, If mailed, when deposited in the United States mall, as <br />first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust. All <br />copies of notices of foreclosure from the holder of any lien which has priority over this Deed of Trust shall be sent to Lender's address, as <br />shown near the beginning of this Deed of Trust. Any party may change its address for notices under this Deed of Trust by giving formal <br />written notice to the other parties, specifying that the purpose of The notice Is to change the party's address. For acres purposes, Trustor <br />agrees to keep Lender Informed at all times of Trustor's current address. Unless otherwise provided or required by law, if there Is more <br />than one Truster, any notice given by Lender to any Truster is deemed to be notice given to all Trustees, <br />FURTHER ASSURANCES. The parties hereto agree to do all things deemed necessary by Lender In order to fully document the loan <br />evidenced by This Note and any related agreements, and will fully cooperate concerning the execution and delivery of security agreements, <br />stock powers, instructions and/or other documents pertaining to any collateral Intended to secure the Indebtedness. The undersigned <br />agree to assist In the cure of any defects in the execution, deflaary or substance of the Note and related agreements, and in the creation <br />and perfection of any liens, security Interests or other collateral rights securing the Note. <br />CONSENT TO SELL LOAN. The parties hereto agree: (a) Lender may sell or transfer all or part of this loan to one or more purchasers, <br />whether related or untutored to Lender; to Lender may Provide to any purchaser, or potential purchaser, any information or knowledge <br />Lender may have about the parties or about any other matter relating to this loan obligation, and the parties waive any rights to privacy it <br />may have with respect to such matters; (TI the purchaser of a loan will be considered its absolute owner and will have all the rights <br />granted under the loan documents or agreements governing the sale of the loan; and (d) the purchaser of a loan may enforce its interests <br />irrespective of any Claims or defenses that the parties may have against Lender. <br />