98104734 - Laserfiche WebLink

Browse

hereafter heid by Beneficiary or Trust such order and manner 'as they or eithe ,hem may in their absolute discretion determine. No remedy herein conferred upon or reserved to Trustee or.Beneficiary is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or ,�ow or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Loan Instruments to Trustee.or Beneficiary or to which either of them�may be otherwise entitled, may be exercised, concurrently or independently, frort{►S� time to time and as often as may be deemed expedient by Trustee or Beneficiary and either of them may pursue inconsisten� remedies. Nothinq herein shalt be construed as prohibiting Beneficiary from seeking a deficiency judgment against the Trustor to � the extent such action is permitted by law. 13. Requesf Fo�Notice. Trustor and all other parties set forth herein hereb re uests a co ' � and a copy of any Notice of Sale hereunder be mailed to them at the address set forth n the first paragraphaof th st1Secondep eld � of Trust. � 14. Govern;ng Law. This Second Deed of T�ust shall be governed by and construed in accordance with the laws of i� the State of Nebraska. In the event that any provision or clause of any of the Loan Instruments conflicts with applicable laws, such conflict shall not affect other provisions of such Loan Instruments which can be given effect without the conflicting provision, and to this end the provisions of the Loan Instruments are declared to be severable. This instrument cannot be waived, changed, discharged or terminated orally, but only by an instrument in writing signed by the party against whom enforcement of any waiver, change, discharge or termination is sought. 15. Reconveyance by T�ustee. Upon written request of Beneficiary stating that all sums secured hereby have been paid and upon surrender of this Second Deed of Trust and any note to Trustee for cancellation and retention and upon payment by Trustor ot Trustee's fees,Trustee shall reconvey to Trustor, or the person or persons legally entitled thereto, without warranty, any ponion of the Trust Estate then held hereunder. The recitals in such reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof. The grantee in any reconveyance may be described as "the person or persons Iegally entitled thereto." 16. .Notices. Whenever Beneficiary, Trustor or Trusiee shall desire to give or serve any notice, demand, request or other communication with respec: to this Second Deed of Trust, each such notice, demand, request or other communication shall be ir: writing and shall be effective only if the same is delivered by personal service or mailed by certified mail, postage prepaid, ret�,n receipt requested, addressed to the address set forth at the beginning of this Second Deed of Trust. Any party may at any time change its address for such notices by delivering or mailing to the other parties hereto, as aforesaid, a notice of such change. 17• Acceptance by Trusree. Trustee accepts this Trust when this Second Deed of Trust, duly executed and ac�nowledged, is made a public record as provided by law. . 4