Laserfiche WebLink
DEE OF TRUST <br />Loan No: 101240�725 , ` ti (C ntinued) � �:1.10 3�. S i Page 6 <br />own name or in the name of Trustee, and do ny acts which it deems necessary or desirable to preserve the value, <br />marketability or rentability of the Property, or pa of the Property or interest in the Property; increase the income from the <br />Property or protect the security of the Property; a d, with or without taking possession of the Property, sue for or otherwise <br />collect the rents, issues and profits of the Prope , including those past due and unpaid, and apply the same, less costs and <br />expenses of operetion and collection attorneys' fe s, to eny indebtedness secured by this Deed of Trust, all in such order as <br />Lender may determine. The entering upon and t king possession of the Properry, the collection of such rents, issues and <br />profits, and the application thereof shall not cur or waive any default or notice of default under this Deed of Trust or <br />invalidate any act done in response to such d feult or pursuant to such notice of default; and, notwithstanding the <br />continuance in possession of the Properry or the collectlon, receipt and application of rents, issues or profits, Trustee or <br />Lender shell be entitled to exercise every right rovided for in the Note or the Related Documents or by law upon the <br />occurrance of any event of dafault, including the rf ht to exercise the power of sale; <br />(b) Commence an action to foreclose this Deed <br />covenants hereof; and <br />(c) Deliver to Trustee a written declaration of <br />cause Trustor's interest in the Property to be <br />appropriate offices of the County in which the Pi <br />Trust es a mortgage, appoint a receiver or specifically enforce any of the <br />: end demand for sale and a written notice of default and election to <br />which notice Trustee shall cause to be duly filed for record in the <br />� is located; and <br />(d) With respect to all or any part of the Personel Property, Lender shall have all the rights end remedies of a secured party <br />under the Nebraska Uniform Commercial Code. <br />Foreclosure by Power of Sale. If Lender elects to forec ose by exercise of the Power of Sale herein contained, Lender shall notify <br />Trustee and shall deposit with Trustee this Deed of Tru t and the Note and such receipts and evidence of expenditures made and <br />secured by this Deed of Trust as Trustee may require. <br />(a) Upon receipt of such notice from Lender, Tr� <br />Notice of Default and Notice of Sale as then requ <br />Trustor, after such time as may then be required <br />Sale having been given as required by lew, sell th <br />either as e whole, or in separate lots or parcels <br />determine, at public auction to the highest bidder <br />Trustee shall deliver to such purchaser or purchesa <br />sold, but without any covenant or warranty, expr� <br />conclusive proof of the truthfulness thereof. Ai <br />purchase at such sale. <br />tee shell cause to be recorded, published and delivered to Trustor such <br />�d by law end by this Deed of Trust. Trustee shall, without demand on <br />� law and after recordation of such Notice of Default end after Notice of <br />Property at the time and place of sale fixed by it in such Notice of Sale, <br />�r items es Trustee shell deem expedient, and in such order as it may <br />�r cash in lawful money of the United States payable at the time of sale. <br />s thereof its good and sufficient deed or deeds conveying the property so <br />s or implied. The recitals in such deed of any mattars or facts shall be <br />person, including without limitation Trustor, Trustee, or Lender, may <br />(b) As may be permitted by law, after deductfng a I costs, fees and expenses of Trustee and of this Trust, including costs of <br />evidence af title in connection with sale, Trustee s all apply the proceeds of sale to payment of (i) all sums expended under <br />the terms of this Deed of Trust or under the term of the Note not then repaid, including but not limited to accrued interest <br />and late cherges, (ii) all other sums then secure 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 lew po <br />Remedies Not Exclusive. Trustee and Lender, and each <br />indebtedness or obligations secured by this Deed of Trust + <br />Note, under any of the Related Documents, or under eny � <br />some or all of such indebtedness and obligetions secured b� <br />by mortgage, deed of trust, pledge, tien, essignment or othe <br />whether by court action or pursuant to the power of sale c <br />manner affect Trustee's or Lender's right to realize upon or <br />being agreed that Trustee and Lender, and each of them, sh <br />hereafter held by Lender or Trustee in such order and mannf <br />remedy conferred upon or reservad to Trustee or Lender, is <br />law provided or permitted, but each shall be cumulative an< <br />now or hereafter existing at law or in equity or by statute. E <br />to Trustee or Lender or to whlch either of them may be othe <br />to time and as often as may be deemed expedient by Tr <br />Nothing in this Deed of Trust shall be construed es prohibit <br />extent such action is permitted by law. Election by Lender <br />an election to make expendltures or to take action to perfor <br />to perform, shalt not affect Lender's right to declare a defaul <br />sale of all or any portion of the Property. <br />f them, shall be entitled to enforce payment and performance of any <br />�d to exercise all rights and powers under this Deed of Trust, under the <br />her agreement or eny laws now or hereafter in force; notwithstanding, <br />this Deed of Trust may now or hereafter be otherwise secured, whether <br />wise. Neither the acceptance of this Deed of Trust nor its enforcement, <br />other powers contained in this Deed of Trust, shall prejudice or in any <br />�nforce any other security now or hereafter held by Trustee or Lender, it <br />II be entitled to enforce thls Deed of Trust and any othe� security now or <br />es they or either of them may in their absolute discretion determine. No <br />ntended to be exclusive of any other remedy in this Deed of Trust or by <br />shall be in addition to every other remedy given in this Deed of Trust or <br />�ery power or remedy given by the Note or any of the Related Documents <br />Nise entitled, may be exercised, concurrently or independently, from time <br />�tee or Lender, and either of them may pursue inconsistent remedies. <br />ig Lender from seeking a deficiency judgment against the Trustor to the <br />o pursue any remedy shell not exclude pursuit of any other remedy, end <br />i an obligetion of Trustor under this Deed of Trust, after Trustor's failure <br />and exercise its remedies. <br />Request for Notice. Trustor, on behalf of Trustor and Lender, hereby requests that a copy of any Notice of Default and a copy of any <br />Notice of Sale under this Deed of Trust be mailed to them at �the addresses set forth in the first paregraph of this Deed of Trust. <br />Attorneys' Fees; F�cpenses. If Lender institutes any suit or <br />entitled to recover such sum as the court may adjudge reaso <br />court action is involved, and to the extent not prohibited b� <br />necessary at any time for the protection of its interest or the <br />on demand and shall bear interest et the Note rate from the <br />inciude, without limitation, howaver subject to any limits un <br />whether or not there is a lawsuit, including attorneys' fees <br />vacate any automatic stay or injunction), appeals, and ar <br />records, obtaining title reports (including foreclosure reports <br />ction to enforce eny of the terms of this Deed of Trust, Lender shall be <br />eble as ettorneys' fees at trial and upon any eppeal. Whether or not any <br />law, all reasonable expenses Lender incurs that in Lender's opinion are <br />�nforcement of its rights shall become a part of the Indebtedness payable <br />ate of the expenditure until repaid. Expenses covered by this paragraph <br />er applicable law, Lender's attorneys' fees and Lender's legal expenses, <br />nd expenses for benkruptcy proceedings (including efforts to modify or <br />� anticipated postyudgment collectlon services, the cost of searching <br />surveyors' reports, end appraisal fees, title insurance, end fees for the <br />