Laserfiche WebLink
r <br />:.�:� 00445 <br />(c) After paying the items specified in subparagraph (b), if the sale is by Trustee, or the proper and other costa of foreclosure and eels it <br />t <br />the sale is pursuant to judicial foreclosure, the proceeds of sale shall be applied in he order stated below to the payment 01: <br />(1) Cwt of an evidence of title procured In connection with such sale and of any revenue required to be paid; <br />(71 Attorneya INS; <br />(a All awns then secured hereby and any Ilens having priority over this one; <br />(N Junior trust deeds, mortpagN, or other Ilenholders; and <br />(5► The remainder, If any, to the person or persons legally entitled thereto. <br />0 <br />(d) If the leMflclary of this Deed of Trust is a bank as defined by Nebraska law, any statement contained in any other section of this deed <br />debtor not be obligated to pay or give: any confession of <br />notte(thstartdi", The Beneficiary shall not be entitled to receive or take and shall <br />of attorney to confess judgment, power of attorney to appear for a borrower In a judicial proceeding or agreement to pay the <br />however, <br />Judgment, power <br />coats of collection or the attoeys' tees, unless such acts of collection would not otherwise be prohibited by Nebraska law, provided, <br />rn <br />In E (b), provided further, that this paragraph shall not apply to this Deed <br />that this section does not apply to the Trustee fee referred to paragraph <br />of Trust, if the Beneficiary is not a bank. <br />(TS) Addkb l SsiewNy InsMNnsnM. Trustor, at Its expense, will execute and deliver to the Beneficiary, promptly upon demand, such security <br />In form satisfactory to Beneficiary, covering any of the Property conveyed by this <br />k+stnnnento as may be required by Beneficiary, and substance <br />Deed of Trust, which security Instruments shall be additional security for Trustor's faithful performance of all of the terms, convenants and con- <br />security Instruments executed In connection with this tranuc- <br />ditions of this Deed of Trust, the promissory notes secured hereby, and any other <br />tlon. Such Instruments shall be recorded or filed at Trustor's expense. <br />(13) Appsl:1- of Saoeseser Trustee. Beneficiary may, from time to time, by a written Instrument executed and acknowledged by <br />lenefklary. mailed to Trustor and recorded In the county or counties In which the Property Is located and by otherwise complying with the <br />provisions of the applicable laws of the Stale of Nebraska substitute a successor or successors to the Trustee named herein or acting hereun• <br />der. <br />(" Mepealtens Beneficiary, or its agents, representatives or workmen, are authorized to enter at any reasonable time upon or In any part of <br />the Property for the purpose of inspecting the same and for the purpose of performing any of the acts it Is authorized to perform under the terms <br />of the Deed of Trust. <br />(15) Option to Foreclosure. Upon the occurrence of any default hereunder, Beneficiary shall have the option to foreclose this Deed of Trust in <br />the manner provided by law (or the foreclosure of mortgages on real property. <br />116) Feralesnnoe by 11MNIlelary or Trustee NW a Walva. Any forebearance by Beneficiary or Trustee in exercising any right or remedy <br />hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. Likewise, the <br />Waives by Beneficiary or Trustee of any default of Trustor under this Deed of Trust shall not be deemed to be a waiver of any other or similar <br />defaults subsequently occuring. <br />(17) TrloW Not Reins" Extension of the time for payment or modification or amortization of the sums secured by this Deed of Trust gran- <br />Trustor shall not operate to release, in any manner, the liability of the original Trustor and <br />tied by Beneficiary, to any successor In Interest of <br />Trustor's successor In Interest. Beneficiary shall not be required to commence proceedings against such successor or refuse to extend time for <br />by this Deed of Trust by reason of any demand made by the original Trustor and <br />payment or otherwise modify amortization of the sums secured <br />Tnnto's successor In interest. <br />( 101 Beaeftills 'e llimm Without affecting the liability of the Trustor or any other person liable for the payment of any obligation herein men- <br />the not than or theretofore released as security <br />tioned, and without affecting the Ilan or charge of this Deed of Trust upon any portion of property <br />for the full amount of all unpaid obligations, beneficiary may, from time to time and without notice, (1) release any person so liable, (11) extend the <br />maturity or after any of the terms of any such obligations, (111) grant other Indulgences, (Iv) release or reconvey. or cause to be released or recon- <br />or all of the Property, (v) take or release any other or additional security for any <br />veyed at any time at Beneficiary's options any parcel, portion <br />oblige #on herein mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto. <br />(tfq Ilseeaseyalree by Trwfes. Upon written request of Beneficiary stating that all sums secured hereby have been paid, and upon surrender of <br />this Deed of Trust and the Note to Trustee for cancellation and retention and upon payment by Trustor of Trustee's less, Trustee shall reconvey <br />to Trustor, or the person or persons legally entitled thereto, without warranty, any portion of the Property then held hereunder. The recitals in <br />such reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof. The grantee in any reconveyance may be <br />deecribed se "the person or persons legally entitled thereto ". <br />(20) Motilose. Except for any notices, demands, requests, or other communications required under applicable law to be given in another man- <br />o( whenever Beneficiary, Trustor. or Trustee gloss or serves any notice (including, without limitation, notice of default and notice of sale), <br />. <br />demands, requests or other communication with respect to this Deed of Trust, each such notice, demand, request or other communication shall <br />it the is delivered by personal service or mailed by certified mail, postage prepaid, return receipt <br />3 <br />be to writing and shall be effective only some <br />requested, addressed to the address as set forth at the beginning of this Deed of Trust. Trustor hereby requests that a copy of any notice of <br />to be the Trustor hereunder, be mailed to it at the address all forth at the beginning of this <br />default, any notice of sale, required or permitted given <br />Deed of Trust. Any party may at any time change its address for such notices by delivering or mailing to the other partles hereto, as aforesaid, a <br />to have been to Trustor or Beneficiary, when given In the manner designated <br />notice of such change. Any notice hereunder shall be doomed given <br />herein. <br />(21) OevernMrg law. This Deed of Trust shall be governed by the laws of the Slate of Nebraska. <br />(221 Slraeeseae a" Aeelps. This Deed of Trust and all terms, conditions and obligations herein apply to and inure to the benefit of and bind <br />legatees, devisees, representatives, successors and assigns. The term "Beneficiary" shalt mean the <br />all Pont" hereto, their hairs, personal <br />owner and holder of the Note, whether or not named as Beneficiary herein. <br />(23) Je N said Swam Lkd0q. All covenants and agreements of Trustor shell be joint and several. <br />(2419 - a N"I. In the event any one or more of the provisions contained in this Deed of Trust, or the Note or any other security instrument <br />transaction shall for any reason be held to be invalid, Illegal or unenforceable In any respect, such Invalidity. <br />given in connection with this <br />Illegality, o unanforoeabiltty shall, at the option of Beneficiary, not affect any other provision of this Deed of Trust. but this Deed of Trust shall <br />be construed as it such invalid, Illegal, or unenforceable provision had never been contained herein or therein. It the hen of this Deed of Trust Is <br />Invalid or unanfocesble as to any part of the debt, or If the Ilan Is Invalid or unenforceable as to any part of the Property, the unsecured of par. <br />Bally secured portion of the debt shall be completely paid prior to the payment of the remaining and secured or paAieliy secured portion of the <br />debt, voluntary or under foreclosure or other enforcement action or procedure, shall be considered <br />debt. and all payments made on the whether <br />to have bosh first paid on and applied to the full payment of that portion of the debt which Is not secured or not fully secured by the Ilan of this <br />Deed of Trust. <br />(2S1 Nwftw s" Gender Coptlem. Whenever used herein, the singular number shall Include the plural, the plural, the singular, and the use of <br />any gender shall be applicable to all genders. The captions and headings of the paragraphs of this Deed of Trust are for convenience only and <br />era not to be used to Interpret or define the provisions hereof. <br />(26) Arlesportea by Trustee. Trust" accepts this Trust when this Deed of Trust, duly executed and acknowledged. Is made a public record as <br />provided by law. <br />Ji J <br />