201203748 - Laserfiche WebLink

Browse

201203748 OF INTEREST THAT MAY BE CONTRACTED FOR, CHARGED OR RECEIVED WITH RESPECT TO THE OBLIGATIONS. PROVIDED, THE LAWS OF THE STATE OF NEBRASKA SIIALL GOVERN THE VALIDITY, ENFORCEABILITY, INTERPRETATION AND CONSTRUCTION OF THE PROVISIONS OF THIS DEED OF TRUST, MATTERS OF PRIORITY OF LIENS AND OTHER TITLE MATTERS AND THE ENFORCEMENT OF REMEDIES AGAINST THE MORTGAGED PROPERTY. AS A SPECIFICALLY BARGAINED -FOR INDUCEMENT FOR BENEFICIARY TO ENTER INTO THIS DEED OF TRUST AND TO EXTEND CREDIT TO GRANTOR IN ACCORDANCE WITH THE NOTE AND LOAN AGREEMENT, GRANTOR AGREES THAT ANY ACTION, SUIT, OR PROCEEDING IN RESPECT OF OR ARISING OUT OF THE NOTE, THIS DEED OF TRUST, THE LOAN AGREEMENT, OR ANY OF THE OTHER CREDIT DOCUMENTS EXECUTED IN CONNECTION WITH THE LOAN, MAY BE INITIATED AND PROSECUTED EXCLUSIVELY IN THE STATE OR FEDERAL COURTS LOCATED IN THE STATE OF ILLINOIS, OR SUCH OTHER PLACE AS BENEFICIARY MAY ELECT, INCLUDING, WITHOUT LIMITATION, IN THE STATE OR FEDERAL COURTS OF ANY STATE IN WHICH THERE MAY EXIST ANY SECURITY WHATSOEVER FOR THE NOTE. GRANTOR CONSENTS TO AND SUBMITS TO THE EXERCISE OF PERSONAL JURISDICTION BY ANY SUCH COURT HAVING JURISDICTION OVER THE CREDIT DOCUMENTS, OR ANY OF THEM, AND THE PARTIES HERETO AND OVER THE MORTGAGED PROPERTY OR SUCH OTHER SECURITY FOR THE NOTE, WAIVES PERSONAL SERVICE AND ALL PROCESS UPON GRANTOR AND CONSENTS THAT ALL SUCH SERVICE OF PROCESS BE MADE AS SET FORTH IN SECTION 6.26, BELOW. GRANTOR WAIVES ANY OBJECTION BASED ON THE FORUM NON CONVENIENS AND ANY OBJECTION TO VENUE OF ANY ACTION INSTITUTED HEREUNDER, AND CONSENTS TO THE GRANTING OF SUCH LEGAL OR EQUITABLE RELIEF AS IS DEEMED APPROPRIATE BY ANY SUCH COURT. Section 6.25 Entire Agreement. The Credit Documents constitute the entire understanding and agreement between Grantor and Beneficiary with respect to the transactions arising in connection with the Obligations and supersede all prior written or oral understandings and agreements between Grantor and Beneficiary with respect to the matters addressed in the Credit Documents. Grantor hereby acknowledges that, except as incorporated in writing in the Credit Documents, there are not, and were not, and no persons are or were authorized by Beneficiary to make, any representations, understandings, stipulations, agreements or promises, oral or written, with respect to the matters addressed in the Credit Documents. Section 6.26 Notices. All notices, consents, approvals, elections and other communications (collectively "Notices") hereunder shall be in writing (whether or not the other provisions of this Agreement expressly so provide) and shall be deemed to have been duly given if mailed by United States registered or certified mail, with return receipt requested, postage prepaid, or by United States Express Mail or courier service to the parties at the following addresses (or at such other addresses as shall be given in writing by any party to the others pursuant to this Section 6.26) and shall be deemed complete upon receipt or refusal to accept delivery as indicated in the return receipt or in the receipt of such Express Mail or courier service: Bolton Farm - Loan 195618 JM MDAI 1095245 v1 0-0 05/03/2012 Page 29 of 31