Laserfiche WebLink
zoloos��2 <br />�he recorda�ion of Notice a� Defaul�, and notice of Default and Notice <br />of Sa1e having been given as required by law, Trust�e, without demand on <br />Trustor, shall sell the Property h�reinbefore described, and any and <br />every part �hereof, in separate pa�cels or en masse as �he Trustee may <br />elect and in such order as Trust�e may determine on the date and at the <br />�ime and place designated in said No�ice of Sale, a� public auc�ion to <br />the highest bidder, the purchase price payable in cash in lawfu� mon�y <br />of the United States at the time af sale. The person conducting th� <br />sale may, for any cause he or she deems expedient, postpone the sale <br />�rom tirne to time until it shall be comple�ed an.d, in every such case, <br />notice o� postponement shall be given by public declaratian thereof by <br />such p�rson at the time and place last appoin�.ed for the sale; provided, <br />if the sale is postponed for longer than one (1) day beyond the day <br />designa�ed in the Natice of Sale, nati.ce �.hereof shall be given in the <br />same manne� as th� original Notice of sale. Trustee shall execute and <br />deliver ta the purchaser its Deed conveying the proper�.y sa sold, but <br />wi�.hout any covenant or warranty, express or implied. The recitals in <br />�he Deed of any matters ar facts shall be conclusive proof of the <br />truthfulness �hereof. Any person, including withaut limitation, <br />Seneficiary or Trustee may purchase at the sa�.e. Said sa1.e shall be <br />conducted at the rea�. esta�e farming a part o� th� Property or a� the <br />cour�. hause in the county in which the Froperty to be sold, or some part <br />thereof, is sa.tua�ed. <br />(b) When Trustee sells pursuant to the pawers herein, Trustee shall <br />apply the proceeds of the sale to payment of the cos�.s and expenses of <br />exea�cising the power a� sale and of the sale, including, without <br />1.imitation, the payment of Trustee's fees incurred, which Trustee's fees <br />shall no�. in the aggregate exceed the sum of Fi�re Hundred and n�/100th <br />Dallars ($5po.p0) plus 1/2 of 1� of the amount secured hereby and <br />remaining unpaid a.nd then ta the items set forth in subparagraph (c) af <br />this paragraph FIFTH in �.he order therein stated. <br />(c) After paying the items specified in subparagraph (b) of tha.s <br />paragraph FIFTH if the sa1.e is by Trust�e, ar the prop�r court and <br />oth�r costs of foreclosure and sale if sale is pu�suant ta judicial <br />for�closure, the proceeds of sale sha].1 be applied in the order stated <br />below �o the payment: <br />(1) Cost of any evidence at title procured in connection with such <br />sale and of any reven.ue required to be paid; <br />(2) All sums then secured hereby; <br />(3) The remaindex, if any, to the person or persons 1.ega1ly <br />en�.itled ther��o. <br />Each of the parties to this Deed of Trust hereby requests that a cppy of any <br />Notice of Defau].t and a capy of any Notice af Sale provided for hereinabav� <br />be mailed �o each such party at the party's post office address set forth <br />herein. Upnn the occurrence of any default hereunder, Beneficiary sha1.1 have <br />the optian to for�close thi� Deed ot Trust in the manner provided by law for <br />the foreclasure of mortgages on real property. <br />SIXTH. Trustor specifically agrees tha�. (a) Trustor, at its �xpense, <br />will execute and delive� to Seneficia�y, promptly upon request, such security <br />instruments as may be required by Beneficiary, in a form and substance <br />satisfactory ta Beneficiary, covering any of the Property conveyed by this <br />D��d of Trust which security instrum�n�s sha7�1 be additianal security for <br />Trustar's faithful per�ormance of all o� the �.erms, covenants and conditions <br />of this Deed af Trust, the Note and indebtedness secur�d hereby, and any <br />o�.her security instrum�nts executed in connec�.ian with the indebtedness <br />secured by �his Deed of Trust; and all such instruments shall be filed an.d <br />recarded at Trustor's �xpense; (b) Beneficiary may, from time ta tim�, by <br />written instrument executed and acknowl.edged by Benefi.ciary, mailed to <br />Trus�or and recorded a.n the caun.ty or counties in which the Property is <br />located and by otherwise complying with the provisions af the applicable laws <br />o� the State of Nebraska, sub�titute a successor ox �uccessors to the Trustee <br />named herein or acting hereunder; (c) although the Trustee, or Trus�ee's <br />successor or successors, may be an agent o�, ar attorney for, or otherwise <br />cannec�ed with the Beneficiary, such fact shall not be construed �o <br />disqualify Trust�e �o act as such Trustee, nor shall such fact prevent �.he <br />