Laserfiche WebLink
87. 104661 <br />(e) Mw paying the items specified in subparagraph (b), if the sale is by Trustee, or the proper coup and other costs of foreclosure and sale if <br />ft $a% is pursuant to judicial foreclosure, the pnaaeods of saris shall be applied in the order stated below to the payment of: <br />(1) Atbmeys has and *ruts of collection: <br />(2) Coot of cry+ evidancis of rite procured in connection with such sole and of any revenue required to be paid; <br />(3) Alf obligations, secured by this Trust deed; <br />The reminds, A any. to the Person legally ended thereto. <br />7. A011swast5wavilly hisbautolifirls. Trustor. at expense. will execute and diver to the Beneficiary. promptly upon demand, such security <br />q �r be re9tu W by Bens i erv. in font and substance saiahctory to Beneficiary, covering any of the Property conveyed by this Deed <br />MTtses vsNeolt•sec city eta sW be additional security for Tnator'e faithful podonnance of all of the terms, covenants and conditions M this <br />Used of Tnist, ge pronaswry mores *sensed hereby. and any other security instruments executed in connection with this transaction. Such <br />shall be recorded or hied at TrusWo expense. <br />0 ,�/Brebhare er8etoosser Trmenw. Beneficiary may.from time to time, by a written instrument executed and acknowledged by Beneficiary, <br />mallard is Tft@W OW recorded In the county or aounthei in which the Property is located and by otherwise complying with the provisions of the <br />lows of do Ste of Nebraska substhra a successor or successors to the Trusteo named heroin or acting hereunder. <br />B. baspos wens. Beneficiary, or he agents. reprsssnativp or workmen, we authorized to enter at any reasonable time upon (w in any part of the <br />Pri party for the purpose of inspecting the ssme and for the purpose of performing any of the acts it is authorized to perform under the terms of the <br />fO Opaon re fenscMae. Upon the occurrence of my Much and upon the declaration o: default hereunder. Beneficiary shall hew "option to <br />lem ckee due Oeed of Treat in the manner provided by law for the foreclosure of mortgages on real property. <br />11 ' fwaeeaaru by Mone siary or Tmems, Allot a Waiver. Any forebearance by Beneficiary or Trustee in exercising any right or remedy <br />hamourida, or otherwise afforded by applicable law. shall not be a waiver of or preclude the exercise of any such right or remedy hereunder. Likewise, <br />to visuva by Barta}Nicatr or Tonnes of any dsl/euh of Trigtw under the Deed of Trust shall not be deemed to be a waiver of any other or similar <br />default@ subsequently occurring. <br />12. TAMW AIIK ReAaesd. Extension of the time for payment or modification or amortization of the sums secured by this Deed of Trust granted <br />by BsneRciary to any successor in interest of Trustw shad not operate to release, in any manner, the liability of the original Truster and Trustor's <br />successor in interest Beneficiary shat not be required! to commence proceedings against such successor or refuse to extend time for payment or <br />orMfvaisa modify amortization at the sums secured by this Dad of Trust by reason of any demand made by the original Trustor and Trusters <br />successors in interest. <br />13. forrafiaiay i Passers, NRthow ~it" or releasing the liability of the Trustor or any other person liable for the payment of any obligation <br />heroin rnNKNrrad, and without affecting the two or charge of this Deed of Trust upon any portion of the Property not then or theretofore released! as <br />security few the fur amount at ON unpaid obligations. Beneficiary may, from time to time and without notice at the request of one or more Trustore <br />111 reloae terry ponion so liable, (n) extend or renew the maturity or after any of the terms of any such obligations. (iii) grant other indulgences, <br />liv) ralesas or recomay, of caws to be released or racornveyed at any, time at Beneficiary's options any parcel, portion or all of the Property, (v) take or <br />release cry other or additional security for any obligation herein mentioned, (vi) make compositions or other arrangement swith debtors in relation <br />taroto. At Trwtws shah be jaunty, and sevoraNy obligated and bound by the actions of the Beneficiary or any trustor as herein st "ad. <br />14. Ana oryfaea.. Cearsandfxpenrea. if the Bmdictsry of this Deed of Trust is a bank as defined by Nebraska law, any statement contained in <br />cry otter section of th a deed - the Beneficiary shall not be entitled to receive or take and debtor shelf not be obligated to pay or give: <br />arpr M fedBmaht. power of attorney to confess iudgment, power of attorney to appear for a borrower in a judicial proceeding oragmement <br />to pay the coop of collection or the attorneys' fore*, unless the interest payable by the terms of the Nola referred to in this dead is 16% per annum or <br />Is". or the now retorted to in Mho deed is repayable in two or mom equal or unequal installments and over a period of more than one hundred forty- <br />Oft (145) months. Provided, howowr that this section does not apply to the trials to referred to in Paragraph B.B(bj. Provided further that this <br />Paragraph 8.14 shag not apply to this Deed of Trust, if the Beneficiary herein is not a book. <br />w-S. MasnvattMree byTnratee. Upon written request of Beneficiary stating that all sums secured hereby have been paid, and upon surrender of <br />this Dad of That and the fete to Trusts* for cancellation and retention and upon payment by Trustor of Trustee's fees. Trustee shall reconvey to <br />Tnata.or to parson or parsons Iypltv entitled thereto, without womanly. any, portion of the Property then held hereunder. The recitals in such - <br />rwonvpMCe of any matters or facts sae be conclusnre proof of the truthfulness thereof. The grantee in any reconvoyance may be described as "the <br />Person or persons legally entitled thereto... <br />/B Aktftet, iExoePt for sew notices. demands, requests of othorcommunicstiora repaired under applicable law to be given in anothermanner, <br />wehenever BehaReiay, Trester at Trustee, gives or serves arty mice (including, without limitation, notice of default and notice of ale), demands, <br />mp@ M or other communication with respect to this Dad of Trust each such notice, demand, request or other communication shall be in writing <br />aril shell be offectwe only if the same is delivered by personal service Of is mailed by certified mail, postage prepaid. addressed to the address as act forth at the <br />of this Deed of Trust. A try change its address tot such notices delivering soBiMinB Any DafY mayata time ch by rig or mailing to the other party hereto, as atoresaid,a <br />notes at such, ohmge. Any notice hereunder shall be deemed to have been given to Trustor or Beneficiary, when given in the manner designated herein. _ <br />17. Ihequea fat Merice. Trustor and Beneficiary hereby request a copy of any notice of default, and a copy of any notice of sale thereunder, be mailed to <br />each person who is a patty hereto at the address set forth for such person in the first paragraph of this Deed of Trust._...,: ..:,., •.++ --•- , <br />18. Govarnirrg taw. This heed of Trust shelf be goverrhed by the laws of the State of Nebraska. P ff s i <br />19. Sresaesars and "t" <br />Aaaipna This Deed of Trost and all terms. conditions and obligations herein, apply to, nd Bt , , . &ef and binde <br />e8 Parties lento, theit heirs. legatees, day**". personal npna*nesives, successor$ and saigns. The tam $meficiary" ohs) neon the owner and <br />holder of the Note, wh~ or not named as Bensftcnay herein. <br />20...MiN ale 9anaaf Lisbift All ooverann and ognements of Trustor shall be joint and several <br />21. Soverialliday. In the event apt one or more of the provisions cemtain*d in this Deed of Trust, or the Note or any other security instrument <br />ghyenintionnection we* thilstramosiction sW forany reason be hold to be invalid. illegal or uneriforcestite in any respect such invalidity, illegality. or <br />uneelloresslafty shy, at the option of Bar ieficio y, not affect my other provision of this Deed of Trust, but this Dad of Trust shall be construed as if <br />such mwa3A. MOM , or uentemeable provision had never boon contained herein or therein. if the lien of this Deed of Trott is invalid or unenforceable <br />as asift Pet of the deK of Atha Fan is invalid or u snforca1161e es to any pat Of the Property, the unsecured of partially secured portion of the debt <br />AW be seespiesilly Paid Prior te Nat Payment of the renefning and acufed Of PulaNy secued portion of the debt. and all payments made on the <br />d@ K. wdathar voluntary or undo foreclosure or other entorcrtant actin or procedure, shall be considered to haw been tint paid on and applied to <br />the M payeWN Of that Portion of the debt which a not secured or not fully secured by the lion of this Deed of Trust. <br />22> NmmbwSnd BefMro Whenever used herein, the singular number At" include the plural, and the use of any gander shell be applicable to all <br />liastiva.; <br />2Bt , by Inueasio. Trustee accepts the Trust when this Dad of Trust, duty executed and acknowledged. <br />Vilmoolloo by few. <br />edged is made a public record es <br />�a <br />t <br />A 'TMMW Bar WV es she TnM""act m good forth and in rslianco capon notices and other mformstion which it in its sole discretion may k ., <br />ekY,IlQAaeitetaNable, <br />and a fares N yfv~ shaft exemiae reasonable, praelence and sae in its sdmmiatratlmn hereunder, Trustee shall not be liable for any loss F <br />or eioa owftimtd ar iauaed by the Trtrcrs or arty Benaftu ry at by"othw Persons whomsueva, it being expressly stipulated that the Trustee shall be <br />[kaif w aas he its owx greM fiegligionce stud tNlwlt in the proometa, <br />