86102257 - Laserfiche WebLink

Browse

86.,,, 102257 1 (a) Demand that Trustee exercise the POWER OF SALE granted herein, and Trustee shall thereafter cause BORROWER'S interest in the Property to he sold and the proceeds to be distributed, all in the manner provided in the Nebraska Trust Deeds Act; (b) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court and without regard to the adequacy of its security, enter upon and take possession of the Property, or any part thereof, in its own name or in the name of Trustee, and do any acts which it deems necessary or desirable to preserve the value, marketability or rentability of the Property, or part thereof or interest therein, increase the income therefrom or protect the security hereof and, with or without taking possession of the Property, sue for or otherwise collect the rents, issues and profits thereof, including those past due and unpaid, and apply the same, less costs and expenses of operation and collection including attorney's fees, upon any indebtedness secured hereby, all in such order; as LENDER may determine. The entering upon and taking possession of the Property, the collection of such rents, issues and profits and the application thereof as aforesaid, shall not cure or waive any default or notice of default hereunder or invalidate any act done in response to such default or pursuant to such notice of default and, notwithstanding the continuance in possession of the Property or the collection, receipt and application of rents, issues or profits, Trustee or LENDER shall be entitled to exercise every right provided for in any of the Loan instruments or by law upon occurrence of any event of default, including the right to exercise the power of sale; and (c) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, or specifically enforce any of the covenants hereof; No remedy herein conferred upon or reserved to Trustee or LENDER is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative, shall he in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute, any may be exercised concurrently, independently or successively. 10. Trustee. The Trustee may resign at any time without cause, and LENDER may at any time and without cause appoint a successor or substitute Trustee. Trustee shall not he liable for any loss or damage unless due to actionable negligence or willful misconduct, and shall not he required to take any action in connection with the enforcement of this Deed of Trust unless indemnified, in writing, for all costs, compensation or expenses which may be associated therewith. In addition, Trustee may become a purchaser at any sale of the Property (judicial or under the power of sale granted herein); Mc 1l L J