Laserfiche WebLink
<br />200510096 <br /> <br />E. Condemnation. The proceeds of any award or claim for damages, direct or consequential, payable to <br />Trustor in connection with any condemnation or other taking of all or any part of the Property, whether <br />of the unit or of the common elements, or for any conveyance in lieu of condemnation, are hereby <br />assigned and shall be paid to Lender. Such proceeds shall be applied by Lender to the sums secured by <br />the Security Instrument as provided in Section 18. <br />F. Lender's Prior Consent. Trustor shall not, except after notice to Lender and with Lender's prior written <br />consent, either partition or subdivide the Property or consent to: (i) the abandonment or termination of <br />thc Condominium Project or PUD, except for abandonment or termination required by law in the case <br />of substantial destruction by fire or other casualty or in the case of a taking by condemnation or eminent <br />domain; (ii) any amendment to any provision of the Constituent Documents if the provision is for thc <br />express benefit of Lender; (iii) termination of professional management and assumption of self- <br />management by thc Owners Association; or (iv) any action which would have the effect of rendering the <br />public liability insurance coverage maintained by the Owners Association unacceptable to Lender. <br />G. Remedies. If Trustor does not pay condominium or PUD dues and assessments when due, then Lender <br />may pay them. Any amount disbursed by Lender under this section shall become additional debt of <br />Trustor secured by this Security Instrument. Unless Trustor and Lender agree to other tenus of <br />payment, these amounts shall bear interest from the date of disbursement at the Secured Debt mte and <br />shall be payable, with interest, upon notice from Lender to Trustor requesting payment. <br />14, DEFAULT. Trustor will be in default if any party obligated on the Secured Debt fails to make payment when <br />due. Trustor will be in default if a breach occurs under the tenus of this Security Instrument or any other <br />document executed fOf the purpose of creating, securing or guarantying the Secured Debt. A good faith belief by <br />Beneficiary that Beneficiary at any time is insecure with respect to any person or entity obligated on the Secured <br />Debt or that thc prospect of any payment or the value of the Property is impaired shall also constitute an event of <br />default. <br />15. REMEDIES ON DEFAULT. In some instances, federal and state law will require Beneficiary to provide <br />Trustor with notice of the right to cure or other notices and may establish time schedules for foreclosure actions. <br />Subject to these limitations, if any, Beneficiary may accelerate the Secured Debt and foreclose this Security <br />Instrument in a manner provided by law if Trustor is in default. <br />At the option of Beneficiary, all or any part of the agreed fees and charges, accrued interest and principal shall <br />become immediately due and payable, after giving notice if required by law, upon the occurrence of a default or <br />anytime thereafter. In addition, Beneficiary shall be entitled to all the remedies provided by law, the tenus of <br />the Secured Dcbt, this Security Instrument and any related documents, including without limitation, the power <br />to sell the Property. <br />If there is a default, Trustee shall, in addition to any other permitted remedy, at the request of the Beneficiary, <br />advcrtise and sell the Property as a whole or in separate parcels at public auction to the highest bidder for cash <br />and convey absolute title free and clear of all right, title and intcrest of Trustor at such time and place as Trustee <br />designates. Trustce shall give notice of sale including the time, tenus and place of salc and a description of the <br />property to be sold as required by the applicable law in effect at the time of thc proposed sale. <br />Upon sale of the property and to the extent not prohibited by law, Trustee shall make and deliver a deed to the <br />Property sold which conveys absolute title to the purchaser, and after first paying all fees, charges and costs, <br />shall pay to Beneficiary all moneys advanced for repairs, taxes, insurance, liens, assessments and prior <br />encumbmnces and interest thereon, and the principal and intercst on the Secured Debt, paying the surplus, if <br />any, to Trustor. Beneficiary may purchase the Property. The recitals in any deed of conveyance shall be prima <br />facie evidence of the facts set forth therein. All remedies arc distinct, cumulativc and not exclusive, and the <br />Beneficiary is entitled to all remedies provided at law or equity, whether or not expressly set forth. The <br />acceptance by Beneficiary of any sum in payment or partial payment on the Secured Debt after the balance is <br />due or is accelerated or after foreclosure proceedings are filed shall not constitute a waiver of Beneficiary's <br />right to require complete cure of any existing default. By not exercising any remedy on Trustor's default, <br />Beneficiary does not waive Beneficiary's right to later consider the event a default if it continues or happens <br />again. <br />16. EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS. Except <br />when prohibited by law, Trustor agrees to pay all of Beneficiary's expenses if Trustor breaches any covenant in <br />this Security Instrument. Trustor will also pay on demand any amount incurred by Beneficiary for insuring, <br />inspecting, preserving or otherwise protecting the Property and Beneficiary's security interest. These expenses <br />will bear interest from the date of the payment until paid in full at the highest interest mte in effect as provided in <br />the terms of the Secured Dcbt. Trustor agrees to pay all costs and expenses incurred by Beneficiary in collecting, <br />enforcing or protecting Bcneficiarys' rights and remedies under this Security Instrument. This amount may <br /> <br />NEBRASKA-DEED OF TRUST <br />EQ127D (03/2004) <br />