200906852 - Laserfiche WebLink

Browse

2oo9oss52 onto the indebtedness set forth in the Promissory Nate and this Deed of Trust. e. Exercise any and all rights and remedies available to the Beneficiary under the Nebraska Trust Deeds Act, and any amendments thereto. 17. Foreclosure by Power of Sale. Should the Beneficiary elect to foreclose by exercise of the Power of Sale herein captained, the Beneficiary shall notify the Trustee and shall deposit with the Trustee this Deed of Trust and the Promissory Note and such other receipts and evidence of expenditures made and secured hereby as the Trustee may require. a. On receipt of such notice from the Beneficiary, the Trustee shall cause to be recorded, published and delivered to the Trustors the Notice of Default and Native of Trustee's Sale as then required by law and by this Deed of Trust. The Trustee shall, without demand on the Trustors, after such time as may then be required by law and after recording the Notice of Default, sell the Property at a time and place fixed by the Trustee in such Native of Sale, either as a whole or in separate lots, parcels or items as the Trustee shall deem appropriate and expedient, and in such order as the Trustee may determine, at public auction to the highest bidder for cash in lawful money of the United States, or certified or cashier's check payable at the time of the sale- The Trustee shall deliver to such purchaser or purchasers thereof Trustee's good and sufficient deed conveying the Property so sold, but without any covenant ar warranty, express or implied. The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person including, without limitation, the Trustors, Trustee, or the Beneficiary, may purchase at such sale and Trustar hereby covenants to warrant and defend the title of such purchaser or purchasers. b. As may be permitted by law, after deducting a[I costs, fees and expenses of the Trustee and of this Deed of Trust incurred in connection with any such default of sale nr foreclosure, or all of them, including costs of evidence of title in connection with sale, a Trustee's fee, as provided by law, and any attorney's fees incurred by the Trustee, the Trustee shall apply the proceeds of sale to the payment af: i. all sums expended under the terms hereof not then repaid with accrued interest at the default rate provided in the Promissory Note. ii. All other sums then secured hereby, and iii. The remainder, if any, to the person or persons legally entitled thereto. c. The Trustee may in any manner provided by law, postpone the sale of all or any portion of the Property. '! 8. Remedies Not Exclusive. No remedy herein conferred upon or reserved to the Trustee or Beneficiary is intended to be exclusive of any other remedy herein or permitted or provided by law, but each sha11 be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing by law ar in equity or by statute. Nothing herein shall be construed as prohibiting the Beneficiary from seeking a deficiency judgment against the Trustors to the extent such action is permitted by law. 19. Re uest far Notice. The Trustors hereby request a copy of any Notice of Default or of any Notice of Sale hereunder be mailed to them at the address set forth in the first paragraph of this Deed of Trust. 2D. Notices. Whenever the Beneficiary, Trustors, or the Trustee shall desire to give or serve any notice, demand, request or other communication with respect to this Deed of Trust, each such notice, demand, request or other communication shall be in writing and shall be effective only if the same is delivered by personal service ar mailed by certified mail, postage prepaid, addressed to the address set forth in the beginning of this Deed of Trust, ar in any request for notice, or change of address given, as provided by law. 21.Trustee's Fee. In the event of default, unless specifically waived in writing by the