201405351 - Laserfiche WebLink

Browse

o1.10 351 given hereunder or now 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, from time to time, and as often as may be deemed expedient by Trustee or Beneficiary, and either of them may pursue inconsistent remedies. Nothing herein shall be construed as prohibiting Beneficiary from seeking a deficiency judgment against Trustor to the extent such action is permitted by law. 14. Request for Notice. Trustors hereby request a copy of any notice of default and that any notice of sale hereunder be mailed to Trustors at the address set forth in the first paragraph of this Deed of Trust. 15. Appointment of Successor Trustee. Beneficiary may, from time to time, by written instrument executed and acknowledged by Beneficiary, mailed to Trustors and recorded in the County in which the property is located and by otherwise complying with the provisions of the applicable law of the State of Nebraska, substitute a successor or successors to the Trustee named herein or acting hereunder. 16. Successors and Assigns. This Deed of Trust applies to and inures to the benefit of and binds all parties hereto, their heirs, legatees, devisees, personal representatives, successors and assigns. The term "Beneficiary" shall mean the owner and holder of the note, whether or not named as Beneficiary herein. 17. Beneficiary's Powers. Without affecting the liability of any other person liable for the payment of any obligation herein mentioned, and without affecting the lien or charge of this Deed of Trust upon any portion of the property not then or theretofore released as security for the full payment of all unpaid obligations, Beneficiary may, from time to time and without notice. (a) release any persons so liable; (b) extend the maturity or alter any of the terms of any such obligation. (c) grant other indulgences; (d) release or re- convey or cause to be released or re- conveyed at any time at Beneficiary's option, any parcel, portion or all of the property; (e) take or release any other or additional security for any obligation herein mentioned; or (f) make compositions or other arrangements with debtors in relation thereto. 18. Governing Law. This Deed of Trust shall be governed by the laws of the State of Nebraska and, in the event any one or more of the provisions contained in this Deed of Trust, or the note or any other security instrument given in connection with this transaction shall be for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this Deed of Trust, but the Deed of Trust shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein or therein. 19. Effect of Forbearance. Any forbearance by Beneficiary or Trustee in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy hereunder. Likewise, the waiver by Beneficiary or Trustee of any default of the Trustors under this Deed of Trust shall not be deemed to be a waiver of any other or similar default subsequently occurring. 20. Re- conveyance by Trustee. Upon written request of the Beneficiary stating that all sums secured hereby have been paid, and upon surrender of this Deed of Trust and the note to the Trustee for cancellation and retention and upon payment by Trustors of Trustee's fees, Trustee shall re- convey to Trustors, or the person or persons legally entitled thereto, without warranty, any portion of the property then held hereunder. Recitals in such re- conveyance of any matters or facts shall be conclusive proof of the truthfulness thereof. Grantees in the re- conveyance may be described as "the person or persons legally entitled thereto." 21. Acceptance by Trustee. Trustee accepts this trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided by law. IN WITNESS WHEREOF, Trustors have executed this Deed of Trust on the date first noted above. 4 -\\eMilm HEATHER SANDSTED k DAVID SANDSTED