Laserfiche WebLink
<br />200603018 <br /> <br />12. Remedies: Acceleration Upon Default. In the event of and Event of Default, Lender <br />may, without notice except as required by law, declare all indebtedness secured hereby to be due <br />and payable, and the same shall thereupon become due and payable without any presentment, <br />demand, protest or notice of any kind. Thereafter, Lender may: <br /> <br />(a) Demand that Trustee exercise the POWER OF SALE granted herein, <br />and Trustee shall thereafter cause Trustor's interest in the Property to be sold and <br />the proceeds to be distributed, all in the manner provided in the Nebraska Trust <br />Deeds Act; <br /> <br />(b) Exercise any and all rights provided for in the Note, this Deed of Trust <br />or by law upon occurrence of any Event of Default; and <br /> <br />(c) Commence an action to foreclose this Deed of Trust as a mortgage, <br />appoint a receiver or specifically enforce any of the covenants hereof. <br /> <br />No remedy herein conferred upon, or reserved to, Trustee or Lender is intended to be exclusive <br />of any other remedy herein, in the Note or by law provided or permitted, but each shall be cumu- <br />lative, shall be in addition to every other remedy given hereunder, in the Note or now or <br />hereafter existing at law or in equity or by statute, and may be exercised concurrently, indepen- <br />dently or successively. <br /> <br />13. Trustee. The Trustee may resign at any time without cause, and Lender may at any <br />time and without cause appoint a successor or substitute Trustee. Trustee shall not be liable to <br />any party, including, without limitation, Lender, Borrower, Trustor or any purchaser of the <br />Property, for any loss or damage unless due to reckless or willful misconduct, and shall not be <br />required to take any action in connection with the enforcement of this Deed of Trust unless <br />indemnified, in writing, for all costs, compensation or expenses which may be associated <br />therewith. In addition, Trustee may become a purchaser at any sale of the Property Gudicial or <br />under the power of sale granted herein); postpone the sale of all or any portion of the Property, as <br />provided by law; or sell the Property as a whole, or in separate parcels or lots at Trustee's <br />discretion. <br /> <br />14. Fees and Expenses. In the event Trustee sells the Property by exercise of power of <br />sale, Trustee shall be entitled to apply any sale proceeds first to payment of all costs and <br />expenses of exercising power of sale, including all Trustee's fees, and Lender's and Trustee's <br />attorney's fees actually incurred to the extent permitted by applicable law. In the event Borrower <br />or Trustor exercises any right provided by law to cure an Event of Default, Lender shall be <br />entitled to recover from Trustor all costs and expenses actually incurred as a result of Trustor's <br />default, including, without limitation, all Trustee's and attorney's fees, to the extent permitted by <br />applicable law. <br /> <br />15. Future Advances. Upon request of Borrower, Lender may, at its option, make <br />additional and future advances and readvances to Borrower. Such advances and readvances, <br />with interest thereon, shall be secured by this Deed of Trust. At no time shall the principal <br />amount of the indebtedness secured by this Deed of Trust, not including sums advanced to <br />protect the security of this Deed of Trust, exceed the original principal amount stated herein. <br /> <br />16. Miscellaneous Provisions. <br /> <br />(a) Borrower Not Released. Extension of the time for payment or modification <br />of amortization of the sums secured by this Deed of Trust granted by Lender to any successor in <br />interest of Borrower shall not operate to release, in any manner, the liability of the original <br />Borrower and Borrower's successors in interest. Lender shall not be required to commence <br />proceedings against such successor or refuse to extend time for payment or otherwise modify <br />amortization of the sums secured by this Deed of Trust by reason of any demands made by the <br />original Borrower and Borrower's successors in interest. <br /> <br />(b) Lender's Powers. Without affecting the liability of any other person liable for <br />the payment of any obligation herein mentioned, and without affecting the lien or charge of this <br />Deed of Trust upon any portion of the Property not then or theretofore released as a security for <br />the full amount of all unpaid obligations, Lender may, from time to time and without notice, <br /> <br />4 <br />