200905399 - Laserfiche WebLink

Browse

2ooso53s9 shall be applied to restoration or repair of the property damaged, unless bath parties othewise agree, except if proceeds shall be paid an the debt herein, whether or not then due. Unless Beneficiary and Trustor otherwise agree in writing, and payments or proceeds from insurance shall net extend ar postpone the due date of the monthly payments provided in said note, ar change the amount of payment. 6. If Trustor fails to perform the covenants and agreements herein contained, Beneficiary may do and pay for whatever is necessary to protect the value of the property and Beneficiary's rights in the property, including the paying of any sum secured by a lien which has priority over this security instrument, appearing in court, paying reasonable attomey fees and entering the property to make repairs. Any amount disbursed by Beneficiary under this paragraph shall become an additipnal debt of Trustor secured by this security instrument, to bear interest from the date of disbursement and said amount, together with then unpaid principal amount, shall bear interest at the highest lawful rate until refunded by Trustor. 7. The proceeds of any condemnation award are hereby assigned and shall be paid to Beneficiary and shall be applied to the sums secured by this security instrument, whether or not then due with any excess paid to Truster. 8. Any forbearance by Beneficiary in exercising any right pr remedy shall not be a waiver of or preclude the exercise of any right or remedy. 9. Any notice to Trustor provided for in this security instrument shall be given by delivering it or mailing it by first class mail unless Nebraska Law requires use of another method, at the Trustae's last known address. 10. This security instrument and the Hate, which it secures, shall be governed by Nebraska Law. 11. Beneficiary shall give notice tp Trustar fallowing Trustar's breach of any covenantor agreement in this security agreement and the note, which it secures. The notice shall specify (a) the default, (b) the action required to cure the default, (c) a date net less than thirty (30) days from the date of the notice is give to Trustor by which the default must be cured, and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sum secured by this security agreement and resale of the properly. The notice shall further inform Trustar of the right to reinstate, after acceleration, and the right to bring a court actipn to assert the nonexistence of a default or any other defense pf Trustor to accelerations and sale. If default is Hat cured, an or before the date specified in the notice, Beneficiary, at its option, may require immediate payment in full of all sums secured by this Security Agreement without further demand and may invoke the power of sale and any other remedies permitted by Nebraska law. Beneficiary shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph, including by not limited to reasonable attomey fees and costs of title evidence. 12. If the power of sate is invoked, Trustee shall record a notice of default in each county in which any part of the property is located and shall mail copies of such notice in the manner prescribed by Nebraska law. Trustee shall give public notice of sale to the persons and in the manner prescribed by Nebraska law. Trustee, without demand on Trustor, shall sell the property at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale of all or any parcel of the property by public announcement at the time and place of any previously scheduled sale. Beneficiary or its designee may purchase the property at any sale. Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's Deed conveying the property. The recitals in the Trustee's Deed shall be prima facie evidence pf the truth of the statements made therein. Trustee shall apply the proceeds of sale in the following order: (a) to all expenses of the sale including, but not limited to, Trustee's fees as permitted by Nebraska law and reasonable attomey fees, (b) to all sums secured by this security agreement, and (c) any excess to the person or persons legally entitled to it. 13. Upon acceleration under Paragraph 12 or abandonment of the property, Beneficiary (in person, by agent or by judicially appointed receiver) shall be entitled to enter upon, take possession of and manage the property and to collect the rents of the property, including those past due. Any rents collected by Beneficiary or the receiver shalt be applied first to