88105204 - Laserfiche WebLink

Browse

88-105201 connection with sale. Trustee shall apply the proceeds of sale to payment of (i) all sums expended under the terms hereof. not then repaid. with accrued interest at nine percent (9\) per annum. (ii) all other sums then secured hereby. and (11 il the remainder. if any. to the person or persons legally entitled thereto. (c) Trustee may in the manner provided by law. postpone sale of all or any portion of the Trust Estate. 12. REHEIlIES NOT EXCLUSIVE. Trustee and Beneficiary. and each of them shall be entitled to enforce payment and performance of any indebtedness or obligations 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 in force. notwithstanding some or all of the such indebtedness and obligations secured hereby may now or hereafter be otherllise secured. whether by mortgage. deed of trust. pledge. lien. assignment or otherwise. Nei ther the acceptance of this Deed of Trust nor its enforcement whether by court action Dr pursuant to the power of sale Dr other powers herein contained. shall prejudice or in any manner affect Trustee's Dr Beneficiary's right to realize upon Dr enforce any other security now or hereafter 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 security nOli or hereafter held by Beneficiary Dr Trustee in such order and manner as they Dr either of them may in their absolute discretion determine, No remedy herein conferred upon or reserved to Trustee Dr Beneficiary is intended to be exclusive of any other remedy herein Dr by law provided or permitted. but each shall be cumulative and shall be in addition to every other remedy given hereunder Dr now Dr hereafter existing at law Dr in. equity Dr by statute, Every power Dr remedy given by any of the Loan Instruments to Trustee Dr Beneficiary Dr to which either of them may be otherwise entitled. may be exercised, concurrently Dr independently. from time to time and as often as may be deemed expedient by Trustee Dr Benef'iciary and either of them may pursue inconsistent remedies. Nothing herein shall be construed as prohibiting Beneficiary from seeking a deficiency judgment against the Trustor to the extent such action is permitted by law. 13, REQUEST FOR NOTICE. Trustor hereby requests a copy of any notice of default and that any notice of sale hereunder be mailed to it at the address set forth in the first paragraph of this Deed of Trust, 14. GOVERNING LAW. This Deed of Trust shall be governed by the laws of the State of Nebraska. In the event that any provision Dr clause of any of the Loan Instruments conflicts with applicable laws. such conflicts shall not affect other provisions of such Loan Instruments which can be given effect without the conflicting provision. and to this end the provisions of tbe Loan Instruments are declared to be severable. This instrument cannot be waived. changed. discharged Dr terminated orally. but only by an instrument in writing signed by the party against whom enforcement of any waiver. change. discharge or termination is sought, 5 L