88102172 - Laserfiche WebLink

Browse

('"'., 88- 102172 bidder for cash and shall deliver to such purchaser a deed to the property sold. consistent with the law in effect at the time. Upon receipt of payment of the price bid. Trustee shall deliver to the purchaser. Trustee's deed conveying. the property sold. Recitals in the Trustee's deed shall be prima facia evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the follollllngorder: (a) to aU reasonable costs and expe~sesof the sale. including but not limited to. Trustee's fees of not more thim~ of the gross sale price. reasonable attorney. fees an!=! costs of title euideiicii"'1b)to all sums secured by ,this Deed of Trust; and (c) the excess. if any. to the pers9n or persons legally entitled thereto. Any person. including Beneficiary. may purChase said property at said sale. ' The person conducting the sale may, for any cause he or she deems expedient. postpone the sale from time to time until it shall be completed and. in every such case. notice of postponement shall be given by public declaration thereof by such person at the time and place last appointed for the sale; provided. if the sale is postponed for longer than one (I) day beyond the date, designated in the' notice of sale. notice thereof shall be given in the same manner as the original notice of sale. 13. Remedies Not Exclusive. Trustee and Beneficiary, and each of them. shall be entitled to enforce payment and performance of any indebtedness Dr Obligation secured hereby and to exercise all rights and powers under this Deed of Trust or under any loan instrument or other agreement or any laws now or hereafter enforced. notwithstanding some or all of the indebtedness and obligations secured hereby which may now Dr hereafter be otherwise secured. whether by mortgage. deed of trust. pledge. lien. assig~l1ent or otherwise, Neither the acceptance of this Deed of Trust nor its enforcement, whether by court action or pursuant to the power of sale or other pOWers herein contained. shall prejudice or in any manner affect Trustee's or here- after held by Trustee or Beneficiary, it being agreed that Trustee and Beneficiary. and each of them. shall be entitled to enforce this Deed of Trust and any other secur- ity nOlll or hereafter held by the Beneficiary or Trustee in such order and manner as they. or either of them. may in their absolute discretion deterrndne. No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclu- sive of any other remedy herein Dr by law provided or permitted. but each shall be cU1l.Jlatille and shall be in addition to every other remedy given hereunder or nOlll or hereafter existing,at law Dr in equity Dr by statute. Every power or remedy given by any of the loan instruments to Trustee or Beneficiary or to which either of them may be otherwise entitled may be exercised, concurrently or independently. from time to time and as often as may be deemed expedient by Trustee or Beneficiary. and either of them may pursue inconsistent remedies. Nothing herein shall be construed as prohi- bi ting Beneficiary from seeking a deficienty judgment against Trustor to the extent such action is permitted by law., 14. Reauest for Notice. Trustor hereby requests a copy of any notice of default and that any notice of sale hereunder be mailed to Trustor at the address set forth in the first paragraph of this Deed of Trust. 15. Appointment of Successor Trustee. Beneficiary may. from time to time. by written instrument executed and acknowledged by Beneficiary, mailed to Trustor and recorded in the County in which the property is located and by otherwise complying with the provisions of the applicable law of the State of Nebraska. substitute a successor or successors to the Trustee named herein or acting hereunder. 16. Successors and Assians. This Deed of Trust applies to and inures to the benefit of and binds all parties hereto. their heirs, legatees. devisees. personal representatives. successors and assigns. The term "Beneficiary" shall mean the OlIIner and hcilde~ of the note, whether or not named as Beneficiary herein. 17. Beneficiarv'!IPowers. Without, affecting the liability of any other person liable for the payment of any obligation herel" mentioned. and without affecting the lienor charge of this Deed of Trust upon any portion of the property not then or theretofore released as security for the full payment of all unpaid obligations. Beneficiary may. from time to time and wi~hout notice: (a) release any persons so liableJ (b) extend the maturity or alter any of the terms of any such obligationJ (c) grant other indulgencesJ .ll_ -',:..-