Laserfiche WebLink
DEED OF TRUST 201003335 <br />Loan No: 70261 (Continued- Page a <br />Payment Defauh. Trustor tails to make any payment when duo under the Indebtedness. <br />&eek Qd[ar Pmmiaas. Trustor breaks any promise made tp Lender or fails to perform promptly at the time and strictly in the manner <br />provlded in this Deed of Trust or In any agreement related to this Deed of Trust. <br />Compliance Dsfauh. Failure to comply with any other term, obligation, covenant or condition contained in [his Deed of Trust, the Nola <br />or in any pf the Related Documents. <br />Dafauk on Other Psymenu. Failure of Trustor within the time required by this Deed of Trust to make any payment for taxes or <br />insurance, pr any other payment necessary to prevent filing of or to effect discharge of any lien. <br />Faba Statements. Any repreaantation or statement made or furnished to Lander by Trustor or on Trustnr's behalf under this Deed of <br />Trust ar the Related Documents is false or misleading in any material respect, either now or at the time made or furnished. <br />Defective CollateraNaatlon. This Deed of Trust or any of the Related Documents ceases to be in full torpa and effect (including failure <br />pf any collateral document to create a valid and perfected security Interest or lien) at any lima end far any reason. <br />Daeth ar Insohrsncy. The death of Trustor, the insolvency of Truatpr, the appointment of a receiver for any part of Truator's property, <br />any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any <br />bankruptcy or insolvency laws by or against Trustor. <br />Taking of the Property. Any creditor or governmental egencV tries to take any of the Property or any other of Trustor's property In <br />which Lender hea a lien. This Includes taking ot, garnishing oT or levying On Truster's accounts with Lender. However, if Trus[or <br />disputes in good faith whether the claim on which the taking of the Property is based is valid or reasonable, and if Trustor gives <br />Lender wrinan notice oT the claim and furnishes Lander with monies or a awety bond satisfactory to Lender to satisfy the claim, than <br />this default provision will not apply. <br />Breach of Otltar Agreement. Any breach by Trustor under the terms of any other agreement between Trustor and Lander that is not <br />remedied within any grape period provided therein, including without Ifmltatlon any agreement concerning any indebtedness pr other <br />obligation pf Trustor to Lender, whether existing now or later. <br />Events Affecting Gusrsmor. Any of the preceding events occur w{th respect to any guarantor, endorser, surety, or accommodation <br />party of any of the Indebtedness or any guarantor, endorser, surety, or accpmmodatipn party dies or becomes Incompetent, or <br />revokes or disputes the validity of, or liability under, any Guaranty pf the Indebtedness. <br />Insecurity. Lender in good faith believes Itself Insecure. <br />RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust, at any time thereafter, Trustee or Lender <br />may exercise any one pr more of the following rights and remedies: <br />Acceleration Upon Defeuh; Additional Remedies. If any Event o1 Default occurs ea per the terms of the Note secured hereby, <br />Lender may deplore all Indebtedness secured by this Dead of Trust to be due and payable and the same shall thereupon become <br />due and payable without any presentment, demand, protest or notice of any kind. Thereafter, Lender may: <br />la) 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 to the adequacy of its security, enter upon and take poaseaaion of the Properly, or any pert thereof, in its <br />own name or in the name of Trustee, and do any acre which it deems necessary or desirable to preserve the value, <br />marketability or rentability of the Property, or part oT the Property or Interest in the Property; increase the income from the <br />Property or protect the ascuritV of the Property; end, with or without taking ppssessipn of the Property, sue for or otherwise <br />collect the rams, issues and profits of the Property, including those past due and unpaid, and apply the acme, less costs and <br />expenses of operation and collection attornaya' fees, to any indebtedness secured by this Deed of Trust, all in such prder es <br />Lender may determine. The entering upon and [eking poasesaion of the Property, the collection of such rents, issues and <br />profits, end the applicaticn thereof shall opt 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 nptice of default; and, notwithstanding the <br />continuance in posseasicn of the Property or the collection, receipt and application of rants, Issues ar profits, Trustee or <br />Lender shall be entitled to exercise every right provided for In the Npte or the Related Documents or by law upon the <br />occurrence of any event of default, including the right to exercise the power of sale; <br />(b) Commence en action to foreclose this Deed of Trust as a mortgage, appoint a receiver or specifically enforce any of the <br />cavenanta hereof; and <br />Ic) Deliver tp Trustee a written declaration of default and demand for sale and a written notice of default and election to <br />cause Trustor's interest in the Property to be sold, which notice Trustee shall cause tc be duty Tiled for record in the <br />appropriate pfflces of the County in which the Property is located; and <br />(d) With respect to all or any part of the Personal Properly, Lender shell have all the rights and remedies of 8 secured party <br />under the Nebreska Unifprm Commercial Code. <br />Foreclosure by Power of Ssk. If Lender elects to foreclose by exercise of the Power of Sele herein contained, Lender shah notify <br />Trustee and shall deposit with Trustee this Deed of Trust end the Nota and ouch receipts and evidence of expenditures made and <br />secured by this Deed of Trust as Trustee may require. <br />lal Upon receipt of such notice from Lender, Trustee shall cause to be retarded, published and delivered to Trustor such <br />Notice pf Default and Notice of Sale as then required by law and by this Deed of Trust. Trustee obeli, without demand on <br />Trustor, after such time as may then be required by law and aher recordation of such Notice of Default and after Notice of <br />Sala having been given as required by law, sell the Property at the time end place of sale fixed by it in such Notice of Sale, <br />either as a whole, pr in separate lots or parcels or items as Trustee shall deem expedient, end 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 good and sufTlpiant 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 shalt be <br />conclusive proof of the truthfulness thereof. Any person, including without limitation Trustor, Trustee, or Lender, may <br />purchaaa at such sale. <br />Ibl As may be permitted by law, attar deducting all costs, fees and expenses of Trustee and of this Trust, including costs of <br />evidence pf title in connection with sale, Trustee shall apply the proceeds of axle to payment of lil all sums expended under <br />the terms of this Deed of Trust or under the farms of the Note not then repaid, including but not limited to accrued interest <br />and late charges, Ilil ail other sums then secured hereby, and (iii) the remainder, if any, tc the person or persons legally <br />entitled thereto. <br />ICI Trustee may in the manner provlded by law postpone sale of all or any portion of the Property. <br />Ramediea Nat Excluaivs. Trustee and Lender, and each of them, shall be entitled to enforce payment and performance of any <br />indebtedness or obligations secured by this Deed of Trust and to exercise ell rights end powers under this Daed of Trust, under the <br />Note, under any of the Related Documents, or under any other agreement or any laws now or hereafter in force; notwithstanding, <br />same or all of such indebtedness and obligations secured by this Dead of Trust may now pr hereafter be otherwise secured, whether <br />by mortgage, deed of trust, pledge, lien, assignment ar otherwise. Neither the acceptance of 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 of Trust, shell prejudice or in any <br />manner affect Trustee's or Lender's right to realize upon or enforce any other security now or hereafter held by Trustee or Lender, it <br />being agreed that Trustee and Lender, and each of them, shall be entitled to enforce this bead of Trust and any other security now or <br />hereafter held by Lender pr Trustee in such order end manner as they or either of them may in their absplute discretion determine. No <br />remedy conferred upon or reserved to Trustee or Lender, is intended to be exclusive of any other remedy in this De9d pt Trust or by <br />law provided or permitted, but each shall be cumulative and shall be (n addition to every other remedy given in this Deed of Trust or <br />now or hereafter exleting et law or in equity or by statute. Every power or remedy given by the Note or any of the Related Dpcuments <br />to Trustee or Lender pr to which either of them may be otherwise entitled, may be exercised, concurrently or independently, from time <br />to time end as often as may be deemed expedient by Trustee or Lender, end either of them may pursue Inconsistent remedies. <br />