200205270 - Laserfiche WebLink

Browse

Loan No: 8615807130 807130 DEED OF 'TRUST (ConTim"l-d? 200205270 Page C alit. ,,pr ;atr, offices of the uuoty in wni4h the Propar:y i, Ivca :ec:; and Idl \Vrttr espsc; to rail or any part of the Personal Propc rty, Lender shalt have all the rights and remedies of a securP.d party incfer tthr Nel)rask a Uvo:: n Commercial Code. F "nra4+!Taye,ru t3y r+owar of sain. If Lender carets to 1010r_lO.0 by exercise of the Power of Sale herein contained, Lender shall notify i rt :s ;c e and Y ^.all dep, .it vwrth ''rustr:e this Deed of Trust and ttta Note and such receipts and evidence of expenditures made and SG,:utod Deed 0, Trust as Trustee may require. fa` Upon racaipt of such notice from Lender, Trustee shall cause to be ref�nrded, published and delivered to Trustor such Noti,:e of lae.tau!t and taboo) of Sale as then required by late and by this Deed of Trust. Trustee shall, without demand on af;Cr such tint-, a,s r-ay then b-e required by law and after recordation of such Notice of Default and after Notice of :lie h :�tiir,� t.cen gtvon an required by law, setl this• Property at the time ar,d place of sale fixed by it in such Notice of Sale, �,ther :Is .a v: hole. or in separme lots or parcels or items as Trustee shall deam expedient, and in such order as it may determine, at public auction to the highest bidder tot cdsh III lawful money of the United States payable at the time of sale. Tr;,stea she'! deliver to su ; ;h purchaser Of purchasers thereof its good and sufficient deed or deeds conveying the property so S(ald. bu, •.v ;thou; any co%'enrint cr warranty, express or Implied. The recitals in such deed of any matters or facts shei't be cancluM'lle proof of tho truthfulness th €:rent. Any person, including without (imitation Trustor, Trustee, or Lender, n.9y purchase at such s(ile. ft)) A,: may bra permitted by ; ,w, natter deducting a,1 costs, fees and expenses of Trustee and of this Trust, including costs of 1,ider,ce of ti ;l,> in conne( -Jinn with :gale, Trustee sha!I apply the proceeds of sale to payment of Ei) all sums expended under the tern,_, of ;tv.s Doi1cf of Tru ; ;t ar undor the farms of the Note not than repaid, including but not fimitad to accrued interest ,ind late chwrges, tI l :all othf :r sums then secured hereby, and (iii) the remainder, if any, to the person or persons legally etatlt!�,t ;nyrr'tC). (Cl !'roster. may ir, the ma;:nur provided by law postpone sale of all or any portion of the Property. Remedios Not Exclusive. Trustee and Lender, and each of them, shall be entitled to enforce payment and performance of any indebtedness cr tab'igations secur oil by his feed of Trust and to exercise all rights :end powers under this Deed of Trust, under the Note, under rfny of the. Related Documents, or under any other agreement or any laws now or hereafter in force; notwithstanding, samrt or oll ct such mdebtedress and obligations secured by this Deed of Trust may now or hereafter be otherwise secured, whether !�y mortgage, deed of trust, pledge:, lien, assignment or other•.vise. Neither the acceptance of this Deed of Trust nor its enforcement, whether by court action or pursuant to the power of sale or other powers ccr!tained in this Deed of Trust, shall prejudice or in any man-ier affect Trustee's o; Lender's right to realize upon or enforce any other security now or hereafter held by Trustee or Lender, it being agrcr d the; Trustee and Lender, and each of them, shall be emitted to enforce this Deed of Trust and any other security now or hereafter held b•• Lender or Trustee in such order and manner as they or either of them may in their absolute discretion determine, No remedy conferred upon or reserved to Trustee or Lender, is intended to be exclusive of any other remedy in this feed of Trust or by !a%v pravided or permitted, but each shall be cumulative and shall be in addition to every other remedy given in this Deed of Trust or now or hereafter exssting at law or in >_goity or by statute. Every power or remedy given by the Note or any of the Related Documents to T :us ;re or Lender or to tvhicn either of t!tem may be otherwise entitled, may be axercised, concurrently or independently, from time to time 3;7d as often-, as may be del rmt d expedient by Trustee or Lender, and either of them may pursue nconsistent remedies. Nothon.) in this 0 ed of Trust shall be construed as prohibiting Lender from seeking a deficiency judgment against the Trustor to the such action is permitted by levv. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an c.:ectian tic make expenditures or to take action to perform an obligation of Trustor under this Deed c•i 1 rust, after Trustor's failure to perform, shall no, affect Lender's right ,a declare a default and exercise its remedies. Roquest for Notice. Trustor, on behalf of Trustor and Lender, hereby roquests :hat a copy of any Notice at Default and a copy of any Notice of Stale under this L7aed of Trus: he mailed to them at the addresses set forth in the first paragraph of this Deed of Trust, Attorneys' Foot; Expenses. It Lender inslitutes any suit or action to enforce any of the terms of this Deed of Trust, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal, Whether or not any court action is involved, and to the extent not prohibited by law, all reasonrble expenses Lender incurs that in Lender's opinion are necessary ar any ,ime for the protection of its interest or the enforcement of its rights shall become a part of the I ciabtedness payable on demand and shall bear interest at the Note rate from the date of the t.xpenditure until repaid. Expenses covered by this paragraph include, withou..t ! mn tatian, however subject to any limits under pplicablu law, Lender's attorneys' fees and Lender's legal expenses, %vhother or n:It there: is a lawsuit, Including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or vacate tiny automatic stray OF inliQrnction), appeals, and any anticiprted post- judgment collecton services, the cost of searching r�!coids, c: naimng utie reports (including foreclosure reports), surveyurs' reports, and appraisal fees, title insurance, and fees for the Trustee, 'ta Ines extent permitted by applicable, law. Trustor also will pay any court costs, in addition to all other sums provided by Rights of Trustee. Trustee shall have ail of the rights and duties of Lender as set forth in this section. POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee are part of this Deed of ?'rust: Powers of Trustee. In tad6tion to al; powers of 'trustee arising as a matter of law, Trustee shall have the pourer to take the following acorns with respe %t to the Property upon the written request of Lender and Trustor: (a) join in preparing and filing a m.ap or plat of the +eal Property, including the dedication of streets or other rights to the public; (b) join in granting any easement or creating any restriction on ;he Beal Property: and (c) join i) any subordination or other agreement affecting this Deed of Trust or the interest of Lent),'?' under this Deed of Trust. Trustee. Trust -, Fe s:,ali meet all qualifications required for Trustee under applicable law. In addition to the rights and remedies set forth above, with ,��.pect to all or any part of the Property. the Trustee shall have the right to foreclose by notice and sale, and Lender shall hi ;ve the riaht to ` oreclose by judicial foreclosure, in either case in accordance with and to the full extent provided by applicable iaw.