200702204 - Laserfiche WebLink

Browse

200702204 power of sale and/ or any other remedies permitted by applicable law including the right to foreclose this Deed of Trust in the manner provided by law for the foreclosure of mortgages on real estate. Beneficiary shall be entitled to collect all reasonable costs and expenses incurred in pursuing such remedies including, but not limited to, reasonable attorney's fees. a. If the power of sale is invoked, Trustee shall proceed to sell the property complying with the Nebraska Trust Deeds Act in regard to notice, time, and manner of sale. Trustee may sell the property in one or more parcels and in such order as Trustee may designate, at public auction to the highest bidder, purchase price payable in cash or as otherwise suitable to Trustee at the time of sale. Trustee may postpone the sale from time to time. Trustee shall execute and deliver to the purchaser a Trustee's Deed conveying the property sold, but without any covenant or warranty, express or implied. The recitals in the deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including without limitation, Beneficiary or Trustee, may purchase at the sale. b. When Trustee sells pursuant to the powers herein, Trustee shall apply the proceeds of the sale to the payment of the costs and expenses of exercising the power of sale and of the sale, including, without limitation, the payment of Trustee's fees incurred. Trustee's fees hereunder shall be deemed reasonable if they are the greater of either the actual costs incurred by Trustee or five percent (5%) of the balance of the original amount secured hereby. After the payment of Trustee's fees, if the sale is by a Trustee, or the proper court and other costs of foreclosure and sale pursuant to judicial foreclosure, the proceeds of sale shall be applied in the order stated below to the payment of: (i) Attorney's fees and costs of collection; (ii) Cost of any evidence of title procured in connection with such sale and any revenue or tax required to be paid; (iii) All obligations secured by this Deed of Trust; (iv) The remainder, if any, to the person legally entitled thereto. 8.2 Sums Advances to Protect Security. Beneficiary may advance such sums Beneficiary, in its sole discretion, deems reasonable to protect the security. Sums advanced to protect the security whether specifically enumerated as such herein or reasonably construed to be so advanced shall become the obligation of Trustor. The L0730681.3 -5-