201107747 - Laserfiche WebLink

Browse

�0110774e Trustee may determine, at public auction to the highest bidder for cash or in lawful money of the United States, or certified or cashier's check, payable at the time of sale; or as otherwise may be provided in the published notice of sale. Trustee shall deliver to such purchaser, or purchasers thereof, Trustee's good and sufficient deed conveying the Property so sold, but without any covenant or warranty, express or implied. The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person including, without limitation, Borrower, Trustee or Lender, may purchase at such sale and Borrower hereby covenants to warrant and defend the title of such purchaser or purchasers; (b) As may be permitted by law, after deducting al) costs, fees and expenses of Trustee and of this DOT incurred in connection with any such default or sale or foreclosure, or all of them, including costs of evidence of title in connection with a default or sale, a Trustee's fee and an attorney's fee, as provided by law, or provided by paragraph "21. Trustee's Fee 8� Attorr�ey's Fee". In addition, any attomey's fees incurred by the Trustee shall be paid, whether such fees were incurred addressing a default or using the Power of Sale. Trustee shall apply the proceeds of sale to payment of: All sums expended under the terms hereof not then repaid with ac�rued interest at the default rate provided in the Note, ii. All other sums then secured hereby, and iii. The remainder, if any, to the person or persons legally entitled thereto; (c) Trustee may, in any manner provided by law, or as referenced in the published no#ice of sale, postpone sale of all or any portion of the Property. 20. Remedies Not Exclusive: No remedy herein conferred upon or reserved to Trustee or Lender is intended to be exclusive of any other remedy herein or permitted or provided by law, but each shall be cumulative and shall be in addition to every ofiher remedy given hereunder or now or hereafter existing by law or in equi#y or by statute. Nothing herein shall be construed as prohibiting Lender from seeking a deficiency judgment against the Borrower to the extent such ac#ion is permitted by law. 21. Trustee's Fee � Attomey's Fee: In the event of any default, unless specifically waived in writing by Lender or Trustee, Borrower agrees to pay Trustee a fee, which is reasonably related to the work actually done by th� Trustee. This referenc� is made so that the language of Neb.Rev.Stat. 76-1011 is incorporated, herein. In the event there is a reinstatement, the Trustee's fee may be limited as provided in Neb.Rev.Stat. 76- 'rl