Laserfiche WebLink
. , u � ��� ���lD� M <br />sale, first, to the costs and expenses of exercising the power of sale and of the sale, including the payment of the <br />Trustee's fees actually incurred; second, to payment t�f the obligation secured by the trust deed; third, to tha <br />: payment, oE junior tavst deeds, mortgages, or other lienholders and the balance, if any, to the persQn ar persons <br />,legally entitled< thereto.. 'The ,tecitals ; in- tlxe Trustee's ,deed shall be prima �ac�e evide�ce �of the truth of the <br />statements made in it: If Lender chooses to invoke the power of sale� Lender or Trustee will provide.notice of sale <br />pursuant to applicable.law. Any such sale or a sale made pursuant to a judgment ar a decree�for the foreclosure <br />hereof may, at the option of Lender, be made en masse. The commencement of proceedings to foreclose this <br />Security Instrument in any manner authorized by law shall be deemed as exercise of the above option. <br />Upon the occurrence of an Event of Default, Lender shall immediateIy be entitlad to make application for and <br />obtain the appointment of a receiver for the Property and of the earnings, income, issue and profits of it, with the. <br />powers as the court making the appointments confers. Grantor hereby inevocably consents to such appointment <br />and waives notice of any application therefor. <br />lv0 WAIVER No delay or failure of Lender to exercise any right, remedy, power or privilege hereunder sha ill <br />affr,ct that right, reniedy, rower or privilege nor shail any single or partial.e;zercise thereof preciude t'r,ie ei�ercise of <br />any right, remedy, power or privilege. No I.ender delay or failure to demand strict adherence to the terms of this <br />Security Instrument shall be deemed to constitute a course of conduct inconsistent with Lender's right at any time, <br />before or after an event of default, to demand strict adherence to the terms of this Security Instrument and the <br />Related Documents. <br />SUBSTITUTE TRUSTEE. Lender, at its option, may from time to time remove Trustee and appoint a successor <br />trustee to any Trustee appointed hereunder by an instrument recorded in the county in which this Security <br />Instrument is recorded. Without conveyance of the Praperiy, the successor trustee shall succeed to all the title, <br />power ana duries conferred upon Trustee herein and by applicable law. <br />JOINT AND SEVERAL LIABILITY. If this Security Instrvment should be signed,by more than one person, all <br />persons executing this Security Instrument agee that they shall be jointly and severally boiind,'where permitted'by <br />law. <br />SURVIVAL. Lender's rights in this Security Inst[vment will continue in its successors and assigns. This Security <br />Instrument is binding on all heirs, executors, administrators, assigns and successors of Grantor. <br />NOTICES AND WAIVER OF NOTICE. Unless otherwise required by applicable law, any norice or demand <br />given by Lender to any party is considered effective when it is deposited in the United States Mail with the <br />appropriate postage. A copy of any notice shall be mailed to each party at the address of the party given at the <br />beginning of this Security Instrument unless an alternative address has been provided to Lender in writing. To the <br />extent permitted by law, Grantor waives notice of Lender's acceptance of this Security Instrument, defenses based <br />on suretyship, any defense arising from any election by Lender under the United States Bankruptcy Code, Uniform <br />Cee:;merciwl Cade, as ��acteci in �,he state wlrere Lender is Pocated ar other applicable law or in equity, demand, <br />notice of acceleraxion, notice of nonpayment, presentment, protest, notice of dishonor and any other notice. <br />REQUEST FOR NOTICES: Grantor requests that copies of the notice of default and notice of sale be sent to the <br />address of each party given at the beginning of the Security Insirument. <br />TO THE EXTENT PERMITTED BY LAW, GRANTOR WAIVES ANY RIGHT TO NOTICE, OTHER <br />THAN THE NOTICE PROVIDED ABOVE, AND WAIVES ANY RIGHT TO ANY HEARING, <br />JUDTCIAL OR OTHERWISE, PRIOR TO LENDER EXERCISING ITS RIGHTS UNDER THIS <br />SECURITY INSTRUMENT. <br />WAIVER OF APPRAISEMENT RIGHTS. Grantar waives all appraisement rights relating to the Property to <br />the extent permitted by law. <br />LENDER'S EXPENSES. Grantor agrees to pay all expenses incurred by Lender in connection with enforcement <br />of its rights under the Indebtedness, this Security Instrument or in the event Lender is made party to any lirigation <br />because of the existence of the Indebtedness or this Security Instrument, as well as court costs, collecrion charges <br />and reasonable attorneys' fees and disbursements. <br />ASSIGNABILITY. Lender may assign or otherwise transfer this Security Instrument or any of Lender's rights <br />under this Security Instrument without notice to Grantor. Grantor may not assign this Security Instrument or any <br />part of the Security Instrument without the express written consent of Lender. <br />GOVERNING LAW. This Security Insm�ment will be governed by the laws of the State of Nebraska including <br />all proceedings arising from this Securitv Instrumeut. <br />SEVERABILITY. If a court of competent jurisdiction determines any term or provision of this Security <br />Insmunent is invalid or prohibited by applicable law, that term or provision will be ineffecrive to the extent <br />required. Any term or provision that has been determined to be invalid or prohibited will be severed from the rest <br />of the Security Instrument without invalidating the remainder of either the affected provision or this Security <br />Instrument. <br />WAIVER OF JURY TRIA,L. All parties to this Security Instrument hereby knowingiy and voluntarily <br />waive, to the fullest eartent permitted by law, any right to trial by juty of any dispute, whether in eontract, <br />tort, or otherwise, arising out of, in connection with, related to, or incidental to the relationship established <br />Complience Systema, [nc. F447-CI4A- 2010.05.365 � " � "� �- � ` � � "' � <br />.eal Estate Securiri In.¢trume�k . Did007 - Pnow d nf 4 - . . . . . . . . . . • "�_ _�.�v.' "' <br />