201205918 - Laserfiche WebLink

Browse

a ' �'` � a � �, Loan No: 101253472 DEED OF TRUST 2 012 0 5 91 � (Continued) Page 9 MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust: Amendments. This Deed of Trust, together with any Related Documents, constitutes the entire underatanding end egreement of the perties es to the matters set forth in this Deed of Trust. No alteration of or amendment to this Deed of Trust shell be effective unless given in writing and signed by the party or parties sought to be cherged or bound by the elteretion or amendment. Annual Reports. If the Property is used for purposes other than Trustor's residence, Trustor shall furnish to Lender, upon request, e certified statement of net operating income received from the Property during Trustor's previous flscel year in such form end detail es Lender shell require. "Net operating income" shell mean all cash receipts from the Property less all cesh expenditures made in connection with the operation of the Property, Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only end are not to be uaed to interpret or define the provisions of this Deed of Trust. Merger. There shall be no merger of the interest or estate created by this Deed of Trust with any other interest or estate in the Property at any time held by or for the benef(t of Lender in eny capacity, without the written consent of Lender. Governing Law. This Deed of Trust will be governed by federal law applicable to Lender and, to the extent �ot preempted by federal lew, the laws of the Stete of Nebraske without regard to tts conflicts of law provisions. Thta Deed of Trust has been accepted by Lender in the State of Nebraska. Choice of Venue. If there is a lawsuit, Trustor agrees upon Lender's request to submit to the jurisdiction of the courts of Hall County, Stete of Nebraska. Joint end Several Liability. All obligations of Borrower and Trustor under this Deed of Trust shall be joint and several, and all references to Trustor shall mean each end every Trustor, and all references to Borrower shell mean each and every Borrower. This means that each Trustor signing below is responsible for all obligations in thfs Deed of Trust. No Waiver by Lender. Lender shall not be deemed to heve waived any rights under thia Deed of Trust unless such waiver is given in writing end signed by Lender. No delay or omission on the pert of Lender in exercising any right shall operate as a waiver of auch right or any other right. A waiver by Lender of a provision of this Deed of Trust shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with thet provision or any other provision of this Deed of Trust. No prior waiver by Lender, nor any course of dealing between Lender and Trustor, shall constitute a waiver of any of Lender's rights or of any of Trustor's obUgations as to any future transactions. Whenever the consent of Lender is required under this Deed of Trust, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. Sevarability. If a court of competent jurisdiction finds eny provision of this Deed of Trust to be illegal, fnvalid, or unenforceable as to any person or circumstance, that finding shall not meke the offending provision illegel, i�ve8d, or unenforceable as to eny other person or circumstance. If feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If the offending provisfon cannot be so modified, ft shell be considered deleted from thfs Deed of Trust. Unless otherwise required by law, the illegality, invalldity, or unenforceability of any provision of this Deed of Trust shall not affect the legality, validity or enforceability of any other provision of this Deed of Trust. Successors and Assigns. Subject to any limitations stated in this Deed of Trust on trensfer of Trustor's interest, this Deed of Trust shall be binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Property becomes vested in a person other than Trustor, Lender, without notice to Trustor, may deal with Trustor's successora with reference to this Deed of Trust end the Indebtedness by way of forbearance or extension without releasing Trustor from the obligations of this Deed of Trust or liability under the Indebtedness. Tlme is of the Essence. T(me is of the essence in the performance of this Deed of Trust. Weiver of Homastead Exemptlon. Trustor hereby releasea and waives all rights and benefits of the homeatead exemption laws of the State of Nebraska as to all Indebtedness secured by this Deed of Trust. DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Deed of Trust. Unless specificelly stated to the contrary, ell references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms used in the singular shall include the plural, and the plural shall include the singular, as the context may require. Words and terms not othervvise defined in this Deed of Trust shall heve the meanings ettributed to such terms in the Uniform Commercial Code: Beneficiary. The word "Beneficiery" means Five Pointa Bank, and its successors and essigns. Borrowar. The word "Borrower" means MITCHELL T NICKERSON end includes all co-signers and co-makers signing the Note and all their successors and assigns. Dead of Trust. The words "Deed of Trust" mean this Deed of Trust among Trustor, Lender, and Trustee, and includes without limitation all assignment and securfty interest provisions releting to the Personal Property and Rents.