201007634 - Laserfiche WebLink

Browse

20loo�s34 Property by public announcement at the time and place of sale, and from time tq tizne thsreafter may postpone the sale by public announcement at the tirne and place fixed by thc preceding pastpanement. Trustee shall deliver to such purchaser its deed conveyin�; any Property so sold, but without any covenant or warranty, express or implied. The recita] in such deed of any matters of fact or otherwise sha11 be canclusive proof of the truthfulness thereof. Any person, includin�; Grantar, Trustee or the Authority, may purchase at such salc. Trustee shall apply the procccds nf the Trustee's sale, first, to the costs and expenses of exercising the power af sale and of the sale, including the payment of Trustee's fees actually incurred, second, to the payment of any Obligations, third, to the paym�nt af junior trust deeds, rnortgages or other liens, and the balance, if any, to the person or persons legally entitled thexeto. No remedy herein provided shall be exclusive of any other rennedy herein or now or hereafter existing by law, but shall be cumulative. Every pawer or rernedy hereby given to Trustee ar the Autharity, or to which either of thetn may be otherwise entitled, may be exercised from time to time and as of�en as may b� deemed expedient by them, and either of thetn may pursue inconsistent remedies. If the Authority halds any additional security for any Obligations, it may enfarce the sale thereaf at its aption, either befare, cantemporaneously with, or after any sale is rnade hereunder, and on any Event of Default of Grantor, thc Authority may, at its aption, offset against any indebtedness secured hereby, and the Authority is hereby authorized and empowered at its option, without any obligation so to do, and without affecting the enforceability of any of the Obligations, to apply taward tlie payrraent of any indebtedness of the Grantor to the Authority any and all sums of znoney of Crrantor which the Autharity may have in its possession or under its cvntrol. Nothing in this Security Instrument shall be so construed as to prevent the holder of the 1602 Agreement from taking every step and means ta enforce payrnent and the other provisions of this Recapture Deed of Trust and the related loan documents of said indebtedness by court proceeding;s. 26. Grantar and for each party hereto hereby requests a capy of any notice of default and a copy af any notice of sale hereunder be mailed to thern at the applicable addresses provided abave. In the event of a default by the Grantar under the 1 b02 Agreement or Recapture Deed of Trust, the Authority may, but is under no obligation to, notify the investor me:mber of the Grantor by sending writfen notice to: Midwest Housing Equity Group, Inc. 13520 California Street Suite 250 Omaha, NE 6$1 S4 Attn: James Rieker Horizon ?Q841 N. P 0 Bax Waverly, Bank 142nd Street 447 NE 68462 All notices or other communications required or permitted ta be given pursuant to this Recapture Deed of Trust shall be in writing and shall be considered as properly given if (a) mailed by first class United States mail, postage prepaid, registered or certified with return receipt requested, (b) delrvered in person to the intcnded addressee or (c) delivered to an indcpendent, nationally or locally rccognized thi;rd-party comm�rcial delivcry sezvice far sarne day ox next day delivery and providing for evidence af receipt at the office of the intended addressee. Notice so mailed shall be effcctive three days after its deposit with the United States Pastal Service or any succcssor thereto; notice sent by such a commercial dclivery service shall be effective one day after delivery to such cornmercial delivery service; notice given by pexsonal delivcry shall be effective 17 Recapture Deed of Trust and Security Agreement 4839-895G-0$38.2