Laserfiche WebLink
<br />~ . <br /> <br />200611036 <br /> <br />taking possession of the Property, the collection of such rents, <br />issues and profits and the application thereof shall not cure or <br />waive any default or notice of default hereunder, or invalidate <br />any act done in response to such default or pursuant to such <br />notice of default and, notwithstanding the continuance in <br />possession of the Property or the collection, receipt and <br />application of rents, issues or profits, the Trustee or <br />Beneficiary shall be entitled to exercise every right provided <br />for in this Deed of Trust, or under Nebraska law in the event of <br />a default, including the right to exercise the Power of Sale. <br />b. Commence an action to foreclose this Deed of Trust as a <br />mortgage, to seek a deficiency on the indebtedness after <br />foreclosure, to appoint a receiver, and to otherwise specifically <br />enforce any of the covenants or provisions hereof. <br />c. Deliver to the Trustee a written declaration of default and <br />demand for sale; and, a written Notice of Default and election <br />to cause Trustor's interest in the Property to be sold under the <br />Power of Sale contained herein, with Notice the Trustee shall <br />cause to be filed for record in the office of the Buffalo County <br />Register of Deeds, all to the extent required by the applicable <br />law. <br />d. Advance such sums as the Beneficiary deems necessary to <br />protect the Property and cure any default of the Trustors, <br />adding any such amounts onto the indebtedness set forth in <br />the Promissory Note and this Deed of Trust. <br />e. Exercise any and all rights and remedies available to the <br />Beneficiary under the Nebraska Trust Deeds Act, and any <br />amendments thereto. <br /> <br />17. Foreclosure by Power of Sale. Should the Beneficiary elect to <br />foreclose by exercise of the Power of Sale herein contained, the <br />Beneficiary shall notify the Trustee and shall deposit with the Trustee <br />this Deed of Trust and the Promissory Note and such other receipts <br />and evidence of expenditures made and secured hereby as the <br />Trustee may require. <br />a. On receipt of such notice from the Beneficiary, the Trustee <br />shall cause to be recorded, published and delivered to the <br />Trustors the Notice of Default and Notice of Trustee's Sale as <br />then required by law and by this Deed of Trust. The Trustee <br />shall, without demand on the Trustors, after such time as may <br />then be required by law and after recording the Notice of <br />Default, sell the Property at a time and place fixed by the <br />Trustee in such Notice of Sale, either as a whole or in <br />separate lots, parcels or items as the Trustee shall deem <br />appropriate and expedient, and in such order as the Trustee <br />may determine, at public auction to the highest bidder for cash <br />in lawful money of the United States, or certified or cashier's <br />check payable at the time of the sale. The Trustee shall <br />deliver to such purchaser or purchasers thereof Trustee's <br />good and sufficient deed conveying the Property so sold, but <br />without any covenant or warranty, express or implied. The <br />recitals in such deed of any matters or facts shall be <br />conclusive proof of the truthfulness thereof. Any person <br />including, without limitation, the Trustors, Trustee, or the <br />Beneficiary, may purchase at such sale and Trustor hereby <br />covenants to warrant and defend the title of such purchaser or <br />purchasers. <br />