|
201211202
<br /> (c) payment and performance of all obligations, if any, and the contracts under which
<br /> they arise, which any rider attached to and recorded with this Deed of Trust recites are secured
<br /> hereby; and
<br /> (d) payment to Beneficiary of all liability, whether liquidated or unliquidated,
<br /> defined, contingent, conditional or of any other nature whatsoever, and performance of all other
<br /> obligations, arising under any swap, derivative, foreign exchange or hedge transaction or
<br /> arrangement (or other similar transaction or arrangement howsoever described or defined) at any
<br /> time entered into with Beneficiary in connection with any Secured Obligation; and
<br /> (e) payment and performance of all future advances and other obligations that the
<br /> then record owner of the Subject Property may agree to pay and/or perform (whether as
<br /> principal, surety or guarantor) for the benefit of Beneficiary, when any such advance or other
<br /> obligation is evidenced by a writing which recites that it is secured by this Deed of Trust; and
<br /> (fl all modifications, extensions and renewals of any of the Sewred Obligations
<br /> (including without limitation, (i) modifications, extensions or renewals at a different rate of
<br /> interest, or (ii) deferrals or accelerations of the required principal payment dates or interest
<br /> payment dates or both, in whole or in part), however evidenced, whether or not any such
<br /> modification, extension or renewal is evidenced by a new or additional promissory note or notes.
<br /> 2.2 Obli atg ions. The term "obli atp, ions" is used herein in its most comprehensive
<br /> sense and includes any and all advances, debts, obligations and liabilities heretofore, now or
<br /> hereafter made, incurred or created, whether voluntary or involuntary and however arising,
<br /> whether due or not due, absolute or contingent, liquidated or unliquidated, determined or
<br /> undetermined, joint or several, including without limitation, a11 principal, interest, charges,
<br /> including prepayment charges and late charges, and loan fees at any time accruing or assessed on
<br /> any Secured Obligation.
<br /> 23 Incorporation. All terms of the Secured Obligations are incorporated herein by
<br /> this reference. All persons who may have or acquire an interest in the Subject Property are
<br /> hereby deemed to have notice of the terms of the Secured Obligations and to have notice, if
<br /> provided therein, that (a) the Loan Agreement, the Notes or any other Secured Obligation may
<br /> permit borrowing, repayment and reborrowing; and (b) the rate of interest on one or more of the
<br /> Secured Obligations may vary from time to time.
<br /> 2.4 Maximum Secured Amou�t. The maximum amount secured by this Deed of
<br /> Trust is Cwice the aggregate amount of the Notes and each other instrument, agreement or
<br /> obligation specifically described herein or in any rider attached to and recorded with this Deed of
<br /> Trost, or otherwise incorporated herein by reference, including any of the foregoing which is
<br /> incorporated into this Deed of Trust by a modification or similar document recorded subsequent
<br /> to the date hereof. The maximum amount secured by this Deed of Trust shall not in any way
<br /> imply that Beneficiary shall be obligated to advance any amount at any time. Advances or
<br /> disbursements made by beneficiary to protect the security, under the terms hereof, shall not be
<br /> deemed to 6e optional advances.
<br /> ARTICLE tli. ASSIGNMENT OF RENTS
<br /> 3.1 Assienment. For [he purposes and upon the terms and conditions set forth herein,
<br /> Trustor irrevocably assigns to Beneficiary all of Trustor's right, title and interest in, to and under
<br /> all leases, licenses, rental agreements and other agreements of any kind relating to the use or
<br /> occupancy of any of the Subject Properry, whether existing as of the date hereof or at any time
<br /> hereafter entered into, together with all guarantees of and security for any tenant's or lessee's
<br /> Deed of Trust and Assignment of Rents and Leases Page 3
<br /> Deed of Trust-Capital One,N.A._Lyne Realty,LP(Grand Island,NE)
<br />
|