Laserfiche WebLink
� <br />Loan No: 1012362Q'� <br />. : ; <br />DEED OF TRUST 2 0 i 0 0 8 6 7 S <br />(Continued) <br />Page 6 <br />concerning any indebtedness or other obligation of Borrower or Trustor to Lender, whether existing now or later. <br />Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation <br />party of any pf the Indebtedness or any guarantor, endorser, surety, or accommodatinn party dies or becames incompetent, or <br />revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. <br />Adverse Change. A material adverse change nccurs in 6prrower's or Trustor's financial condition, or Lender 6elieves the prospect of <br />payment or performance of the Indebtedness is impaired. <br />Insecurity. Lender in good faith believes itself insecure. <br />Existing Indebtedness. The payment of any installment of principal or any interest on the Existing Indebtedness is not made within the <br />time required by the promissory nate evidencing such indebtedness, or s default occurs under the instrument securing such <br />indebtedness end is nvt curad during any applicable grace period in such instrument, nr any suit or nther action is commenced to <br />fareclase any existing lien on the Proparty. <br />Right to Cure. If any defeult, nther than a default in payment is curable and if Trustor has not been given a notice nf a breach of the <br />same provision of this Deed of Trust within the preceding twelve (12) months, It may be cured if Trustor, after Lender sends written <br />notice to Borrower demanding cure of such detault: (1) cures the default within fifteen (15) days; or (2) if the cure requires more <br />than fifteen (15) deys, immediately initiates steps which l,ender deems in Lender's sole discretion to be sufficient to cure the default <br />and thereafter continues end completes all ressqnable and necessery steps sufficient to produce complience ss soon es reasonably <br />practical. <br />RIGH7S AND REME�IES ON DEFAULT. If an Event of Default occurs under this Desd nf Trust, at any time thereafter, Trustee or Lender <br />may exercise any one pr mpra qf #hs follnwing rights and remedies: <br />Accelaration Upon pefault; Additional Remedies. If any Euent 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 become <br />due and payable withnut eny presentment, demand, protest nr notice of any kind. 7hereafter, Lender may: <br />(a) Either in person or by agent, with or without bringing any ectinn ar prnceeding, or by a receiver appointed by a court and <br />without regard to the adequacy of its security, enter upon and take possessinn pf the Property, or any part thereof, in its <br />own nsma or in the name of Trustee, and do any acts which it deems necessary or desira6le to preserve the value, <br />marketability or rantability of the Prpperty, or part of the Property or interest in the Property; increase the income from the <br />Property or protect the security of the Prnperty; and, with or without #aking possession of the Property, sue for or otherwise <br />collect the rents, issues and profits of the Property, including those past due and unpaid, and epply the seme, less costs and <br />expenses af operation and collection attorneys' fees, to any indebtedness secured by this Desd pf Trust, sll in such order as <br />Lender may determine. 7he entering upon and taking possession of the Property, the collection of such rents, issues and <br />profits, and the application thereat shall not cure ar 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 tq such notice af default; and, notwithstanding the <br />continuance in possession of the Property or the collection, receipt and applic�tipn qf rents, issues or profits, Trustee or <br />Lender shall be entitled to exercise every right prouided for in the Note or the Related Documents or by law upon the <br />occurrance of any event of default, including the right to exercise the power af sale; <br />(b) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver nr specifically enforce any of the <br />covenants hareof; end <br />(c) Deliver to Trustee a written declaration of default and dsmend far ssle 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 to be duly filed fpr racord in the <br />appropriate offices of the County in which the Property is Ivcated; and <br />(d) With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a securpd party <br />under the Nebraska Uniform Commercial Cods. <br />Foreclosure by Powar of Sale. If Lender elects to foreclose by exercise of the Power of Sale herein contained, Lender shall notify <br />7rustee and shall deposit with Trustee this Deed of Trust and the Note end such receipts snd evidence of expenditures made and <br />sscured by this Peed of Trust as Trustee may require. <br />(a) Upon receipt of such notice from L.ender, Trustee shall cause to be recorded, published and delivered to Trustor such <br />Notice of Default and Notice of Sale as then required by law and by this Deed af Trust. Trustee shall, without demand on <br />Trustor, after such time as may then be required by law and after repprdation of such Notice of befault and after Notice of <br />Sale having been given as required by law, sell the Property at the time and place of sale fixed 6y it in such Nptice of Sala, <br />either as a whole, or in sepsrate Ipts ar parcels or items as 7rustee shall deem expedient, and in such order es it may <br />determine, at public auction to the highest bidder for cash in lawful money pf the United States payable at the time of sale. <br />7rustee shall deliver to such purchaser or purchasers thereof its good and sufficient deed or deeds cnnveying #he property so <br />snld, but without any covenant ar warranty, express or implied. The recitals in such deed of any matters or facts shall be <br />conclusive proof of the truthfulness therenf. Any persnn, including without limitation 1'rustor, 7rustee, or Lender, may <br />purchase at such sale. <br />(b) As may be permitted by law, after deducting all costs, fees and expenses of Trustee and of this Trust, including costs of <br />evidence pf titla in cannection 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 #erms nf #he Npte not then repaid, including but not limited to accrued interest <br />and late charges, (ii) all other sums then secured hereby, and (iii) the remaindar, if any, to the perspn or persons legally <br />entitled thereto. <br />(c) Trustee may in the manner provided by law postpone sale of all nr any portion of the Property. <br />Remedies Not Exclusiue. Trustee and Lender, and each of them, shall be entitled tn enforce payment and performenca of any <br />indebtedness nr nbligatians sscured by this Deed af 7rust and to exercise all rights and powers under this Deed of Trust, under the <br />