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201201590
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Last modified
3/19/2012 3:48:43 PM
Creation date
3/1/2012 8:50:41 AM
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DEEDS
Inst Number
201201590
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201201590 <br />of acceleration of the maturity of the Secured Obligations or otherwise, shall the interest <br />contracted for, charged or received by Beneficiary hereunder or otherwise exceed the maximum <br />amount permissible under applicable law. If frorn any circumstances whatsoever interest would <br />otherwise be payable to Beneficiary in excess of the maximum lawful amount, the interest <br />payable to Beneficiary shall be reduced automatically to the maximum amount permitted under <br />applicable law. If Beneficiary shall ever receive anything of value deemed interest under <br />applicable law which would apart from this provision be in excess of the maximum lawful <br />amount, the amount which would have been excessive interest shall be applied to the reduction <br />of the principal amount owing on the Secured Obligations in inverse order of maturity and not to <br />the payment of interest, or if such amount which would liave been excessive interest exceeds the <br />unpaid principal balance of the Secured Obligations, such excess shall be refunded to Grantor, or <br />to the maker of the Note or other evidence of indebtedness if other than Grantor. All interest <br />paid or agreed to be paid to Beneficiary shall, to the extent permitted by applicable law, be <br />amortized, prorated, allocated and spread throughout the full stated term, including any renewal <br />or extension, of such indebtedness so that the amount of interest on account of such indebtedness <br />does not exceed the m�imum permitted by applicable law. The terms and provisions of this <br />section shall control and supersede every other provision of all existing and future agreements <br />between Grantor, the maker of the Note or other evidence of indebtedness if other than Grantor, <br />and Beneficiary. � <br />A CREDIT AGREEMENT MUST BE IN WRITING TO BE ENFORCEABLE UNDER <br />NEBRA5KA LAW. TO PROTECT GRANTOR AND BENEFICIARY FROM ANY <br />NIISUNDERSTANDINGS OR DISAPPOINTMENTS, ANY CONTRACT, PRONIISE, <br />UNDERTAI�NG, OR OFFER TO FOREBEAR REPAYMENT OF MONEY OR TO MAKE ANY <br />OTHER FINANCIAL ACCOMMODATION IN CONNECTION WITH THIS LOAN OF MONEY <br />OR GRANT OR EXTENSION OF CREDIT, OR ANY AMENDMENT OF, CANCELLATION <br />OF, WAIVER OF, OR 5UB5TITUTION FOR ANY OR ALL OF THE TERMS OR PROVISIONS <br />OF ANY INSTRUMENT OR DOCUMENT EXECUTED IN CONNECTION WITH THIS LOAN <br />OF MONEY OR GRANT OR EXTENSION OF CREDIT, MUST BE IN WRITING TO BE <br />EFFECTIVE. THIS DEED OF TRUST, THE LOAN AGREEMENT, AND THE OTI-�R <br />LOAN DOCUMENTS EMBODY THE FINAL, ENTTRE AGREEMENT AMONG TI� <br />PARTIES HERETO AND SUPERSEDE ANY AND ALL PRIOR COMIVIITMENTS, <br />AGREEMENTS, REPRESENTATIONS, AND UNDERSTANDINGS, WHETI�R WRITTEN <br />OR ORAL, RELATING TO TI� SUBJECT MATTER HEREOF AND THEREOF AND MAY <br />NOT BE CONTRADICTED OR VARIED BY EVIDENCE OF PRIOR, <br />CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OR DISCUSSIONS OF <br />THE PARTIES HERETO. TI�RE ARE NO ORAL AGREEMENTS AMONG TI� PARTIES <br />HERETO. The provisions hereof and the other Loan Documents may be amended or waived <br />only by an instrument in writing signed by the Grantor and Beneficiary. <br />DEED OF TRUST — Page 24 <br />#3982161 <br />
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