Laserfiche WebLink
4 <br />c: r; ,, DEED OF TRUST 2pp9n55"72 <br />Loan No: 10122533 (COntinued) Page 5 <br />evidencing Lender's security interest in the Rents and the Personal Property. Any reconveyance fee required by law shall be paid by <br />Trustor, if permitted by applicable law. <br />DEFAULT. At Lender's option, Trustor will be in default under this Deed of Trust if any of the following happen: <br />Fraud ar Material Misrepresentation. Trustor commits fraud or material misrepresentation in connection with the terms of the Note. <br />Payment Default. Trustor fails to meet the repayment terms of the Npte fpr any putstanding balance. <br />ether Defaults. Trustor's act or failure to act adversely affects Lender's security interest in the Property, or any right of Lender's in <br />such security. <br />Right tp Cure. If any default, other than a default in payment is curable and if Trustor has net been given a notice of a breach of the <br />same provision of this Deed of Trust within the preceding twelve 1121 months, it may be cured if Trustor, after receiving written notice <br />from Lender demanding cure of such default: 111 cures the default within tan (1 Q) days; or 12) if the cure requires more than ten <br />1101 days, immediately initiates steps which Lender deems in Lender's sole discretion to bs sufficient to cure the default and <br />thereafter continues and completes all reasonable and necessary steps sufficient to prpduce compliance as soon as reasonably <br />practical. <br />RIGHTS AND REMEDIES ON DEFAULT. If an Event pf Default occurs under this Deed of Trust, at any time thereafter, Trustee or Lender <br />may exercise any one or mare of the following rights and remedies: <br />Acceleration Upon Default; Additional Remedies. If any Event of Default occurs as per the terms of the Note secured hereby, <br />Lender may declare all Indebtedness secured by this Deed of Trust to be due and payable and the same shall thereupon became <br />due and payable without any presentment, demand, protest or notice of any kind. Thereafter, Lender may: <br />(a) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court and <br />without regard tp the adequacy of its security, enter upon and take possession of the Property, or any part thereof, in its <br />own name or in the Hams of Trustee, and do any acts which it deems necessary or desirable to preserve the value, <br />marketability or rentability of the Property, or part of the Property or interest in the Property; increase the income frpm the <br />Property or protect the security of the Property; and, with or without taking possession of the Property, sue fpr or otherwise <br />collect the rants, issues and profits of the Property, including those past due and unpaid, and apply the same, less costs and <br />expenses of operation and collection attorneys' fees, to any indebtedness secured by this Deed pf Trust, all in such order as <br />Lender may determine. The entering upon and taking possession of the Property, the collection of such rents, issues and <br />profits, and the application thereof shall not cure or waive any default or notice of default under this Deed of Trust or <br />invalidate any act done in response to such default or pursuant to such notice of default; and, notwithstanding the <br />continuance in possession of the Property or the collection, receipt and application of rents, issues or profits, Trustee or <br />Lender shall be entitled to exercise every right provided for in the Note or the Related Documents or by law upon the <br />occurrence of any event of default, including the right to exercise the power pf sale; <br />Ib- Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver or specifically enforce any of the <br />covenants hereof; and <br />Ic- Deliver to Trustee a written declaration of default and demand for sale and a written notice of default and election to <br />cause Trustar's interest in the Property to be sold, which notice Trustee shall cause to be duly filed for record in the <br />appropriate offices of the County in which the Property is located; and <br />Idl With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party <br />under the Nebraska Uniform Commercial Cpde. <br />Foreclosure by Power of Sale. If Lender elects to foreclose by exercise of the Power pf Sale herein contained, Lender shall notify <br />Trustee and shall deposit with Trustee this Deed of Trust and the Note and such receipts and evidence of expenditures made and <br />secured by this Deed of Trust as Trustee may require. <br />la1 Upon receipt of such notice from lender, Trustee shall cause to be recorded, published and delivered to Trustor such <br />Notice of Default and Notice of Sals as then required by law and by this Deed of Trust. Trustee shall, without demand on <br />Trustor, after such time as may then be required by law and after recordation of such Notice of Default and after Notice of <br />Sale having been given as required by law, sell the Property at the time and place of sale fixed by it in such Notice of Sale, <br />either as a whole, or in separate lots or parcels or items as Trustee shall deem expedient, and in such order as it may <br />determine, at public auction to the highest bidder for cash in lawful money of the United States payable at the time of sale. <br />Trustee shall deliver to such purchaser or purchasers thereof its goad and sufficient deed or deeds conveying the property so <br />sold, but without any covenant or warranty, express or implied. The recitals in such deed of any matters or facts shall be <br />conclusive proof pf the truthfulness thereof. Any person, including without limitation Trustor, Trustee, or Lender, may <br />purchase at such sale. <br />Ibl As may be permitted by law, after deducting all casts, fees and expenses of Trustee and of this Trust, including costs of <br />evidence of title in connection with sale, Trustee shall apply the proceeds of sale to payment of (i) all sums expended under <br />the terms pf this Deed of Trust or under the terms of the Note not then repaid, including but net limited to accrued interest <br />and late charges, (ii) all other sums then secured hereby, and (iii) the remainder, if any, to the person or persons legally <br />entitled thereto. <br />(c1 Trustee may in the manner provided by law postpone sale of all or any portion of the Property. <br />Remedies Not Exclusive. Trustee and Lender, and each of them, shall be entitled tp enforce payment and performance of any <br />indebtedness or obligations secured by this Dasd of Trust and to exercise all rights and powers under this Deed of Trust, under the <br />Note, under any of the Related Documents, or under any other agreement or any laws now or hereafter in farce; notwithstanding, <br />some or all of such indebtedness and obligations secured by this Deed of Trust may now ar hereafter be otherwise secured, whether <br />by mortgage, dead of trust, pledge, lien, assignment pr otherwise. Neither the acceptance pf this Deed of Trust nor its enforcement, <br />whether by court action or pursuant to the power of sale or other powers contained in this Deed pf Trust, shall prejudice or in any <br />