84005446 - Laserfiche WebLink

Browse

84- 005446 r 10, ACCELERATION UPON DEFAULT, ADDITIONAL REMEDIES. Should an event of default occur Beneficiary mav declare all indebtness secured hereby to be due and payable and the same shall thereupon become due and peyabJe without any presentment, demand, protest or notice of any kind. Thereafter Beneficiary may: (I) Either in person or by agent, y,ith 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 Trust Estate, or any part thereof, in its own name orin the name of Trustee, and do any acts which it deems necessary or desirable to preserve the value, market- ability or rentability 9f the Trust Estate, or part thereof or interest therein, increase the income therefrom or protect the security hereof and, with or without taking possession of the Trust Estate, 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 attorneys' fees, upon any indebtedness secured hereby, all in such order as Beneficiary may detennine, The entering upon and taking possession of the Trust Estate, 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 Trust Estate or the collection, receipt and application of rents, issues or profits, Trostee or Beneficiary shall be entitled to exereise every right pro,ided 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; (il) Commence an action to foreclose this Deed of Trost as a mortgage, appoint a receiver, or specifically enforce any of the covenants hereof; (ill) Deliver to Trustee a written declaration of default and demand for sale, and a written notice of default and election to cause Trustor's interest in the Trust Estate to be sold, which notice Trustee shall cause to be duly filed for record in the appropriate Official Records of the County in which the Trust Estate is located, 11, FORECLOSURE BY POWER OF SALE, Should Beneficiary elect to foreclose by exercise of the Power of Sale herein contained, Beneficiary shall notify Trustee and shall deposit \\ith Trustee this Deed of Trust and the Note and such r'€<.'l!ipts and evidence of expenditures made and seemed hereby as Trustee may require, (a) Upon receipt of such notice from Beneficiary, Trustee shall cause to be recorded, published and delivered to Trustor such Notice of Default and Notice of Sale as then required by law and by this Deed of Trust. Trustee shall, without demand on Trustor, after such time as may then be required by law and afterrecordation of such Notice of Default and afterNoticeof Sale ha..ing been given as required by law, sell the Trust Estate at the time and place of sale fixed byitin such Notice of Sale, either as a whole, or in separate lots or parcels or items as Trustee shall deem expedient, and in such order as it may deter. mine, at public auction to the highest bidderforcash in lawful money of the United States payable at the time of sale. Trustee shall deliver to such pmchaser or purchasers thereof its good and SLIt. . -nt deed of deeds conveying the property so sold, but without any covenant or warranty, express or implied, The rec;',', ".0 lch deed of ~--'J matters orfaets shall be conclusive proof of the truthfulness thereof A.ny p<?r50n, ji:\rhldhg, v.rith[1e . llt8.cion, Trustor. T'rusteeand Beneficiary, may purchase at such sale and Tnlswr hereby covenants to ;;;arrant and defend the title of such purCl~aser or purchasers. (b) As may be permitted by law. after deducting all COSts, fees and expenses of Trustee and of this Trust, including costs of evidence oftitle in connection with sale, Trustee shall al'Ilkihe Rroceeds of sale to paymentof(i) all sums expended under the terms hereof, not then repaid, with accured interest it~\il!tcent (l..8...%) per annum. (il) all other sums then seemed hereby, and (ill) the remainder, if any, to the person or persons legally entitled thereto, (cl Trustee may in the manner provided by law, postpone sale of all or any portion of t1',e Trust Estate, 12. REMEDIES NOT EXCLUSIVE. Trustee and Beneficiary, and each of them, shall be entitled to enforce payment and performance of any indebtedness or obligations secmed hereby and to exercise all rights and powers under this Deedof Trust or under any Loan Instrument or other agreement or any laws now or hereafter in force. notwithstanding some or all of the such indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whether by mortgage, deed of trust. pledge, lien, assignment or otherwise, Neither the acceptance of this Deed of Trust "or its enforeementwhether by court action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect Trustee's or Beneficiary's right to realize upon or enforce any other security now or hereafter held by Trustee or Beneficiary, it being agreed that Trustee and Beneficiary, and each of them, shall be entitled to enforce this Deed of Trust and any other security now or hereafter held by Beneficiary or Trustee in such order and manner as they or either of them may in their absolute discretion determine, No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclUSive of any other remedy herein or by law prOVided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter ex.i~tlng at law or in equity or by statute. Every power or remedy given by any cftne Loan Instruments to Trustee or Beneficiary or to which either of them may be otherwise entitled, may be e.xercised, concurrently or inciependently, from time to time and as often as may be deemed expedient by Trustee or Bene- ficlary and eitiler oi them may pursue inronslstent remedies, Nothing herein shall be L'Onstrued as prohibiting Beneficiary from seeki.71g a deficiency judgment against the Trustor to the extent such action is pennittd by law. itEQUEST FOR NOTICE. Trustor hereby requests a copy o[any noticeoidefaultand that any noticeoisale hereunder be mailed to it at the address :::t>t forth in the first parah'Taph tlf thlS Deed of Trust. 14, GOVER..-';ING L-\ \\" This lJeftJ oiTrusl ,hail be g,', erneJ bv the laws of the State of Nebraska, In the event that an\' Drovision or cia use of an\' of the Loan Instrument..... conflict:' with apulicabie iaws, :such conwels shall not affect other p~visions of such Loan Instruments which can he ~ri""en effC'ct wlthout- the conflicting provision. and to this end the pro- visions of the Loan Instruments art:" declared to be severable. Th!s instrument cannot be waived. changed. discharged or terminated. orally, DUl only by an instrument in '.\.'T1tlng si...rn~d by the party u!;ainst whom enforcement of any waiver. change. discharge or termination is soughL 15. RECON\'EY."-'''CE BY TRl'STEE. Upon \\Titten reqUi'$t oiBeneficiary stating that all sums secured hereby have been paid, and upon surrender oit!lI' D",od of Trust and the Note to Trust"" for cancellation and retentlOn and upon pay- ment by Trustor of1'rustt'e'g f€"t's. 1'rust~ shaD reconvey to Tru~tor, or the person or persons legally entitled thereto, ....rithout warranty, an)' porlo.ion 01 tile Trust E.sWLe l.Ilen hdci In~reunuer. Tile fl::'owi::; in out.:h i;:1.~vn"'.t:::- afJ\:t' of ctn) rnclt\:.ctS 01' fa~i.S shall be conclusive proof of the rruthfulness thereof. The grantc.e many re{'onv('Y.1.nce may be described as "L;"e person or persons legally entlt!ed thereto", 16. .sOTICES. \\'henevt;'r Bencfician~, Trust.or 0f T;ust~ shall c~sire to g1\.e or .5e.r.:e any notice, demand, request or other cOr:1municati.:.r:. \'.i:.h resp~"'t to L'-1is Det.~ ciTrust, each such nonce. demand. retiL.:.est or ,)t}lef communication shall be In ....Titing and shall be effectiVe" only if the same is delivered by pen>onal service Gr mailed by certlfied mail, postage prepaid. :;t,~ r~i~: ~eq.u.ej~_l~~. ~~~r:~~ ~.t~~1~~~::5 ~~e~f~~~ .~:>:~: ~~,~',~.~~ ...o,~~~~~s.~,~<~~~~:::t. ,~.\n~~ ~:;)~,~~~:,a~~l~s~ ~~ae ....nd.l.ige.LS ao.a.r~.::i .\.,r ::'ULH HVU...!:":' u~, Ut:U'>t;;lHJ6 v. .............u.... 'v ...c ,-'~..L. ,........ .....:0 I.t. ...~......... ...i.u ...s............... uv...<... .... s...'-.. ~.......e..... 17. ACCEPTA':--:CE BY TRliSTEE. Trustt:'e acCt'pL-> ~hlS Tnlst \\ ht'n thlS [)t"t?\1 \.,f Trust, dul\' eXt:'cuted and acknow- ledged. is made a pl:blic :ecord as prc\ided by !aw" ~ ll' \\1T~ESS \\.HEREOF. Trusti1r ha~ ~Xl."\:utt.c t~llS nt~ _1 ~,;- T~\..::,..: ,-I:'. '.'~- the d:1) .mJ \"l;'.lr first 3bo\'t' wntten. TRUSTEE" Trustt."2' aCL:ep~s thiS Trust \\hen L;'!l~ [.\t>t;.j c,( Trust. ..it;!...: t.':\ecuted dnd 3!.:kno.w_i leJ~ed. is made a pubhc re<.:ord as pfO\ Hied by :~\\,. L"\'; \\Tr:-.;ESS \\ HEREOF, Tru.::tor ha.s t:':\t..'t-'!.lt....c thLS j)t'i._""1, rr'...;.~< :~.s ...( ~hl: .~,~:' :111':': -' e...H" ~~r~~ dUO'"!.' \-l,nt~n. i/~ ~tYf-f ~~~-{, .l:;J' -l!:~f~~.:~~-{.'{',.,~{~~~~~'~,~~,,:- I~./ {~tc.7 ~~\~ ,'~'rrjl!~':"--l!.-l?7*- I - 1 ... ;, -,?"'-l,>t .{~-< < ".~ l: //;'--;f:":' / .;,; !2-{?~.l-t"f l- :.,[