Laserfiche WebLink
DEED O� TRUST n <br />Loan No: 101233825 (Continued) � Q � v�� � 4 4 � Page 5 <br />Fraud or Material Misreprasentation. 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 Note for any outstanding balance. <br />Other Defaults. 7rustor's act or failure to act adversely atfects Lender's security interest in the Property, or any right of Lender's in <br />such security. <br />Right to Cure. If any default, other than a default in payment is cura6le and if Trustor has not been given a notice of a breach of tha <br />same provisian of this Desd of Trust within the preceding twelve (12) months, it may be cured if Trustor, aiter Lender sends written <br />notice to Trustor demanding cure of such default: (1) cures the default within ten (10) days; or (2) if the cure requires more than <br />ten (10) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and <br />thereafter continues and completes all reasona6le and necessary steps sufficient to produce compliance as soon as reasonably <br />practical. <br />RIGHTS AND REMEDIES pN DEFAULT. If an Event of Default occurs under this Deed of 7rust, at any time thereafter, Trustee or Landar <br />may exercise any one or more of the following rights and remedies: <br />Acceleration Upon Dafault; Additional Remedies. If any Event of Defsult 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 become <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 pr prpceeding, or by a receiver appointed by a court and <br />without regard to 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 name 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 from the <br />Property or protect the security of the Property; and, with or without taking possession of the Property, sue far or otherwise <br />collect the rents, issues and profits of the Property, including those past due and unpaid, and apply the same, less costs and <br />expenses of pperation and collection attorneys' fees, to any indebtedness secured by this Deed of Trust, all in such order as <br />Lender may determine. 7he ent9ring upon and taking posaessipn 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 F'roperty or the collection, receipt and application of rents, issues or protits, Trustee or <br />Lender shall be entit�ed to exercisa every right provided fpr 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 of sale; <br />(b) Commence an action to foreclnae this peed of Trust as a mortgage, appoint a receiver or specifically enforce any of the <br />covenants hereof; end <br />(c) Deliver to 7rustee a written dectaration of default and demand for sele and a written notice of default and election to <br />cause Trustor's interast 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 />(d) With respect to all or any part of the Personal Property, Lender shall have all tha rights and remedies of a secured party <br />under the Nebraska Uniform Commercial Cade. <br />Foreclosure by Power of Sale. If lender elects to foreclose by exercise of the Power of Sals herein contained, Lender shall notity <br />1"rustee and shall deposit with Trustee this Daed af Trust and the Npte and such receipts and evidence of expenditures made and <br />secured by this Dead of Trust as Trustee may require. <br />(a) Upon receipt of such nntica frpm Lender, Trustee shall cause tp be recorded, published and delivered to Trustor such <br />Natice of Default and Notice of Sale 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 befault and sfter Notice of <br />Sale having been given as required by law, sell the Property at the time and plape 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 auctipn 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 sufficient deed or deeds conveying the property so <br />sold, but without any covenant ar warranty, express or implisd. The recitals in such deed of any matters pr facts shall be <br />conclusive probf of the truthfulness thereof. Any person, including without limitation 7rustor, Trustee, or Lender, may <br />purchase at such sale. <br />(b) As may be permitted by law, aftar deducting sll costs, fees and expanxes 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 of this Deed of Trust or under the terms of the Note not then repaid, including but not 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 />(c) 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 to enforce payment and performance of any <br />indebtednass or obligations secured by this Deed of Trust and to exercise all rights and powers under this Deed of 7rust, under the <br />Npte, under any of the Related Documents, or under any other agreement or any laws now or hereafter in force; notwithstanding, <br />some or all of such indebtedness and obligations secured by this Deed af Trust may nqw or hereafter be otherwise secured, whether <br />by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed ot 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, shall 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 Deed of Trust and any other security now or <br />hereafter held by Lender or Trustee in such prder and manner as they or either of them may in their absolute discretion determine. No <br />remedy conferred upon pr reserved to Trustee or Lender, is intended to be exclusive of any other remedy in this Deed of Trust or by <br />