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85- 00446' <br />14. Trustee's Sale on Default: Upon default by Trustor in payment of of any indebtedness secured hereby or In performance of any agreement <br />hereunder, or any agreement secured hereby. Beneficiary may declare all sums secured hereby immediately due and payable and shall cause to be fil- <br />ed of record a written notice of default and election to sell such property. After the lapse of such time as then may be required by law following recor- <br />dation of such notice of default, and notice of sale having been given as then required by law. Trustee, without demand on Trustor, rhea sell such pro - <br />11 party. either as a whole or in separate parcels, and in such order as it or Beneficiary may determine at public auction to t" highest bidder. Trustee <br />may poslpone the sale of of or any portion of such property by public announcement at the time and place of sate, and from lime to time thereafter <br />may postpone the sale by public announcement at the time and place fixed by the preceding postponement. Trustee shall deliver to such purchaser <br />its deed convoying the property so sold, but without any covenant or warranty, express or implied. The recital in such deed of any matters of fact or <br />otherwise shall be conclusive proof of the truthfulness thereof. Any person, including Trustor, Trustee or Beneficiary, may purchase at such ate. <br />Trustee may also soil at any such sale and as part thereof any shares of corporate stock securing the obligation secured hereby, and Trustor waives <br />demand and notice of such sale. IBonsficiery at its option may also foreclose on such shares by independent pledge sale, and Trustor waives demand <br />and notice of such sale.) After deducting all costs, lees and expenses of Trustee and of this Trust, including cost of evidence of title in connection <br />with such sale. Trustee shall first apply the proceeds of sale to payment of all sums expended under the terms hereof, not then repaid, with accrued <br />Wiliest at IM rate than payable under the note or notes secured hereby, and then to payment of all other sums secured hereby, and if thereafter <br />Owe be any proceeds remaining, distribute them to the person or persons legally entitled therelo. <br />If this Deed of Trust or any note secured hereby provides for any charge for prepayment of any indebtedness secured hereby, Trustor agrees to pay <br />said charge. if any of said indebtedness shall be paid prior to the maturity data thereof stated in said note or this Deed of Trust, even if and not. <br />withstanding Trustor shall have defaulted to payment thereof, or in performance of any agreement hereunder, and Beneficiary by reason thereof, <br />ohes he" declared as sums secured hereby Immediately due and payable. <br />15. Substitution of Trustee: That Beneficiary may, from time to time, by Instrument in writing, substitute a successor or successors to any Trustee <br />nomad herein or acting hereunder, which instrument, executed and acknowledged by Beneficiary and recorded in the office of the register of deeds <br />of the county or counties where such property is situated, shall be conclusive proof of proper substitution of such Trustee or Trustees, who shall, <br />without conveyance from the Trust-to predecessor, succeed to all its title, estate, rights, power and duties. <br />15. No Walsar by Beneficiary: No.waiver by Beneficiary of any right under this Deed of Trust shall be effective unless in writing. Waiver by <br />Beneficiary of env right granted to Beneficiary under this Deed of Trust or of any provision of this Deed of Trust as to any transaction or occurrences <br />altar not be deemed a waiver as to any future transaction or occurrences. By accepting payment of any sum secured hereby after its due date, or by <br />making any payment on performing any act on behalf of Trustor that Trustor was obligated hereunder, but failed to make or perform, or by adding any <br />payment so made by Beneficiary to the indebtedness secured hereby, Beneficiary does not waive its right to require prompt payment when due of as <br />other sums so secured or to require prompt performance of all other acts required hereunder, or to declare a default for fsilura so to pay. <br />17. Walwr of Sistine of Limitations: Time is of the essence in all Trustor's obligations hereunder; and to the extent permitted by law, Trustor <br />waives as present or future statutes of limitations with respect to any debt, demand or obligation secured hereby in any action or proceeding for the <br />purpose of enforcing this Trust or any right or remedies hereunder. <br />ts. Inspection and swiMas Fecords: Beneficiary at any time during the continuation of this Trust may enter and inspect such property at any <br />reasonable time. Trustor ogress that in the event such property is now or hereafter used for commercial or residential income purposes, when re- <br />gwsled by Beneficiary. Trustor will promptly deliver to Beneficiary such certified financial statements and profit and loss statements of such types <br />and at such intervals as may be required by Beneficiary, which will be in form and content prepared according to the usual and acceptable accounting <br />principles and practices. which statements shall cover the financial operations relating to such property. Trustor further agrees when requested <br />by Beneficiary to promptly deliver in writing such further additional information as required by Beneficiary relating to any such financial statements. <br />1S. Acceleration Clause: Should Truslor be in default under this Deed of Trust, or should Trustor, or any successor in interest of Trustor, voluntarily <br />or involuntarily sell, exchange, convey, transfer, contract to sell, lease with option to purchase. sublease, dispose of, change she character or use of, <br />or further encumber such properly, or any part thereof, or any interest therein, or if any of said parties shall be divested of title to such property, Of <br />arty past theseol,or any interest lhorein,either voluntarily,or involuntarily or it title to such property be subjected to any lien or cherge,vohmlargy or m- <br />vokruterily, contractual or statutory, without the written consent of Beneficiary being first had and obtained, then Beneficiary shall have the right, at <br />its option, to declare all sums secured hereby forthwith due and payable; and this same right of acceleration shall be available to Beneficiary if the <br />undersigned is a partnership and the interest of a general partner larminales, is assigned or transferred, or is diminished, or if the undersigned is a car- <br />potation and any of the corporate stock is transferred. sold or assigned; or if the undersigned is a trustee of a trust and there is a change of any of the <br />benelicial interest of the trust. <br />20. Rortrad, No remedy herein provided shall be exclusive of any other remedy herein or now or hereafter existing by law. but shall be cumulative. <br />Every power or remedy hereby given to Trustee or Beneficiary, of to which either of Them may he otherwise entitled, may be exercised from time to <br />time and as often as may be deemed expedient by them, and either of them may pursue inconsistent remedies. 11 Beneficiary holds any additional <br />wKwitli la any obligation secured hereby. it may enforce the sate thereof at its option, either before. t, antemporaneously with, or after the ate is <br />made hereunder, and on any default of Trustor, Beneficiary may, at its option, offset against any indebtedness secured hereby, and the Beneficiary is <br />hereby outhodrod and empowered at its option, without any obligation so to do, and without affectnr!I the obligations hereof, to apply toward the <br />payment of any indebtedness of the Trustor to the Beneficiary any and all sums of money of Trustor which Beneficiary may have in its possession or <br />under its control, including without limiting the generality of the foregoing, any savings account. deposit, investment certificate, escrow or trust <br />funds. <br />21. Law Applicable: That this Deed of Trust shall be construed according to the laws of the Stale of . ti bra; ka,_ <br />22. Nogisky: In she event that any provision or clause of this Deed of Trust conflicts with applicable law. such conflict shall not affect other provi <br />siom of this Deed of Trust which can be given effect without the conflicting provision, and to this end the provisions of this Deed of Trust are <br />declared to be severable. <br />22. Oeraral Previsions: (al This Deed of Trust applies to. inures to the benefit of, and tends all parties hereto. then heirs, legatees, devisees, ad <br />rtiirwstratoes, exacunas, successors and assigns. Ibl The term "Beneficiary" shall mean the owner and holder (including a pledgeel of any note <br />secured hereby, whether or not named as Beneficiary herein. (c) Whatever the context to requites. the masculine gender includes the feminine and <br />Muter, the sinpWar number includes the plural, and vice versa. (dl Captions and paragraph headings used heroin are for convenience only, are not a <br />part of this agreement, and shall not be used in construing it. II more than one person is named herein as Trustor, each obligation of Trustor shell be <br />the joint and several obligation of each such person. The rights or remedies granted hereunder. or by law. shall not be exclusive, but shall be concur. <br />rent led cumulative. <br />TRUSTEE ACCEPTS this Trutt when this Dad of Trust, duly executed and acknowledged, is made a public record as provided by law. Trustee is <br />not obflgaled to notify any party harelo of pending sole under any other Deed of Trust or any action of pnoaading in which Trustor, Beneficiary or <br />Two" shall be a party, unless brought by Trustee. <br />Meiling address for polices io Trustor :—_.L'.._.L1.__Blix- .L4i17.r_f CemonL,._NL. _68fJ2s_.. __ .. _. _ __._.___ ­- <br />IN WITNESS WHEREOF, Trustor has executed this Deed of Trust on the data first above written <br />,i• <br />=,i. ? ft <br />POMTE $oar, _Murphy _Ict 4ReFll t yl'�_, y i� Nehl a _tea f nrporat ion <br />r LbRrCfgp (; 1 <br />3sa� p . Ijy.'._. <br />01 <br />