Laserfiche WebLink
' ` ° � DEED OF TRUST <br />Lo�n No: 1 0 1 241 1 93 y (Continued) 2 0110 3 6 0 2 Page 6 <br />notice to Borrower demanding cure of such default: (1) cures the default within fifteen (15) days; or (2) if the cure requires more <br />than fifteen (15) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default <br />and thereafter continues and completes all reasonable end necessary steps aufficient to produce compliance as soon as reasonably <br />precticaL <br />RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust, at any time thereafter, Trustee or Lender <br />may exercise any one or more of the following rights and remedies: <br />Acceleration Upon Default; Additional Remedies. If any Event 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 without any presentment, demand, protest or notice of any kind, Thereafter, Lender may: <br />(a) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court and <br />without regard to the adequacy of its securtty, enter upon and take possession of the Property, or eny part thereof, in its <br />own name or in the name of Trustee, and do any ects which it deems necessary or desirable to preserve the value; <br />marketability or rentebiliry of the Property, or part of the Property or interest in the Property; increase the income from the <br />Property or protect the security of the Property; and, with or without taking possession ot the Property, sue for or otherwise <br />collect the rents, issues end profits of the Properry, including those past due and unpaid, and apply the same, less costs end <br />expenses of operation and collection attorneys' fees, to any indebtedness secured by this Deed of Trust, all in such order a$ <br />Lender may determine. The entering upon and taking possession of the Property, the collection of such rents, issues and <br />profits, and the application thereof shall not cure or 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 to such nottce of default; and, notwithsfianding the <br />continuance in possession of the Property or ihe collection, receipt and application of rents, issues or profits, Trustee or <br />Lender shall be entitled to exercise every right provided for in the Note or the Related Documents or by law upon the <br />occurrence of any event of default, including the right to exercise the power of sate; <br />(b) Commence an action to forectose this Deed of Trust as a mortgage, appoint a receiver or speclticaNy entorce any of tHe <br />covenents hereof; and <br />Ic) Deliver to Trustee a written declaration of default end demand for sale and e 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 for record in the <br />appropriate offices af the County in which the Property ia located; and <br />(d) With respect to all or any part ot the Personal Property, l,ender shall have all the rights and remedies of a secured party <br />under the Nebraska Uniform Commercial Code. <br />Foreclosure by Power of Sale. If Lender elects to foreclosa by exercise of the Power of Sale herein contained, Lender shall notify <br />Trustee and shall deposit with Trustee this Deed of Trust and the IVote and such receipts and evidence of expenditures made and" <br />secured by this Deed ot T�ust as Trustee may require. <br />1a) Upon receipt of such notice from Lender, Trustee shall cause to be recorded, published and delivered to Trustor sucFi <br />Notice of Default and Notice of Sale as then required by law and by this Deed of Trust. Trustee shail, without demand on <br />Trustor, after such time as may then be required by law and after recordation of such Notice ot Default and after Notice ot <br />Sale having been given as required by law, sell the Property at the time and place of sale fixed by it in such Notice of Sale;' <br />either as e whole, or in separate lots or parcels or items as Trustee shall deem expedient, end in such order as it m8y <br />determine, at public auction to the highest bidder for cash in lawful money ot the United States payable at the time of sale: <br />Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient deed or deeds conveying the property so <br />sold, but without any covenant or warranty, express or implied. The recitals in such deed of any matters or facts shali be <br />conclusive proof of the truthfulness thereof. Any person, including withoui limitation Trustor, Trustee, 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 of title in connection with sale, Trustee shall apply the proceeds of se(e to payment of (i) ell sums expended under <br />the terms of this Deed ot Trust or under the terms of the Note not then repaid, including but not limited to accrued interest. <br />and late charges, (ii) all other sums then secured hereby, and (iiq the remainder, if any, to the person or persons Iegaliy <br />entitled thereta <br />(c) Trustee may in the manner provided by law postpone sale of all or any portian of the Property. • <br />Remedies Not Exclusive. Trustee and Lender, and each of them, shall be entitled to enforce payment and performance of any <br />indebtedness or obligations secured by this Deed of Trust and to exercise all rights and powers under this Deed of Trust, under the <br />Note, under any of the Related Documents, or under any other agreement or any laws now or hereafter in force; notwithstanding;: <br />some or all of such indebtedness and obligations secured by this Deed of Trust may now or hereafter be otherwise secured, whethe[` <br />by mortgage, deed of trust, piedge, lien, essignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement; <br />whether by court action or pursuant to the power of sale or other powers contained in this Deed of Trust, shall prejudice or in sny <br />manner affect Trustee's or Lender's r3ght to realtze upon or enforce any other security now or hereafter held by Trustee or Lender; it: <br />being agreed that Trustee and Lender, and each of them, shall be entitled to enforce this Deed of Trust and any other secuNty now or; <br />hereafter held by Lender or Trustee in such order and manner as they or either of them may in their absolute discretion determine. No. <br />remedy conferred upon or reserved to Trustee or Lender, is intended to be exclusive of any other ramedy in this Deed of Trust or b,y` <br />lew provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given in this Deed of Trust or; <br />now or hereafter existing at law or in equity or by statute. Every power or remedy given by the Note or any of the Related Documents � <br />to Trustee or Lender or to which either of them may be otherwise entitled, may be exercised, concurrently or independently, from time. <br />to time and as often es mey be deemed expedient by Trustee or Lender, end either of them may pursue inconsistent remed(es. <br />Nothing in this Deed of Trust shall be construed as prohibiting Lender from seek3ng a deficiency judgment against the Trustor to tha <br />extent such action is permitted by law. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and�. <br />an election to make expenditures or to take action to perform an obtigation of Trustor under this Deed of Trust, after Trustor's failure: <br />