|
� ��15���SS
<br /> DEED �F T�UST
<br /> Loan N�: 1�'I�8�347 {���1tIr��Ue�� Page 5
<br /> Lender, is intended to b� ex�lusi�e vf any other remedy in this ❑eed �f Trust ar by law pra�ided or permitted, but
<br /> each shal[ be cumulati�e and shall be in additi�n to e�ery other rem�dy gi�en in this Deed o� Trust or now or
<br /> her�a�F�er existing a�t law or in equity or by statute. Ev�ry pawer ar rem�dy�iven �y the Note or any❑f�he Related
<br /> I�acuments ta Truste� or L�nder or to which either of th�m may be otherwise entitled, may be exercised,
<br /> concurren�ly or independently, from time ta time and as o�ten as may be deem�d expedien� by Trustee ar Lende�,
<br /> and either af them may pursue in�onsistent remedies. Nathing in this D�ed of Trust shall �e cons�rued as
<br /> proh��i�ing Lender from s�eking a deficien�y judgm�nt against�he Trustar to the ex�ent such acti�n is permitted by
<br /> law. Ele�tion by Lender �o pursue any remedy shall not exclude pursuit o� any �ther remedy, and an �Iectivn to
<br /> malce expendi�ures or ta take action �❑ perform an obliga�ion vf Trust�r under this Deed of Trust, after Trustvr's
<br /> failu�-e t� perform, shal! nat a�F�ect L�nder's right ta declare a de�ault and exercise its remedies.
<br /> Request for Notice. Trustor, on behalf vf Trustor and Lender, hereby reques�s that a copy of�ny N�ti�e �f Default
<br /> and a copy ofi any Na�ice of SaIe under�this ❑eed of Trust be mai�ed t��hem a��he addresses set forth in the first
<br /> paragraph ���his Deed of Trust.
<br /> Attarneys' Fees: Expenses. If Lender institutes any suit vr action ta en�for�e any of �he terms of this Deed o#
<br /> Trust, Lender shali be enti�l�d to re�vver such sum as the court may adjud�e reasonable as attorneys' fees at t�ial
<br /> and up�n any app�al. 1Nhether or no�t any court acti�n is in�rol�ed, and to the extent not prohibi�ed by �aw, aI�
<br /> reasonable expenses Lender in�urs that in Lsnder's op�nion are necessary at any time f�r the pr��ectian of its
<br /> inter�s�t ar�he�nfo�c�ment of ifis rights shall became a part of th� lndebtedness payable an demand and shall bear
<br /> interest at the Note rate from the da�e of the �xpenditur�until repaid. Expenses co�er�d by�his parag�aph include,
<br /> w�thou� 1imi�ation, how��er subject ta any limits under appiicable law, Lender's attorneys' fees and Lender's [ega!
<br /> expenses, whether or not there is a lawsuit, including a��orneys' �ees and expenses fQr bankruptcy proceedings
<br /> tinclu�ing ef#orts to modi�y or�acate any aufi�ma�ic stay or injunction�. appsals� and any anticipate� post-}udgment
<br /> cvlle�tion ser�ices, th� cost of sear�hing records, �b�aining t�tle repor�ks {including ��reclasure repor�s}, sur��yors'
<br /> �eparts, and appraisal fees, title insurance, and fees for �he Trustee, �to the extent permitted by applicable �aw.
<br /> Trustar a2sa w[II pay any�ourt cfls�s, in addition t❑ a�l fl�her sums pro�ided by law,
<br /> 11l111SCELLANE�US PR�VE5IaN5. The following misce�laneous pro�isions are a part o�F th�s Deed of Trus�t:
<br /> Gvverning Law. Th�s Deed o�F Trust will be gaverned by federal !aw app�icable �o Lender and, ta the extent not
<br /> prs�mpted hy fiederal law,the la►nrs of the 5tate of Nebraska w'rthout regard to its cvnf[icts of Caw pror►isions. This
<br /> L7eed of Trust has been accepted by Lender in the State af Nebraska.
<br /> Chvice af Venue. �f th�re is a lawsuit, Trus�or agrees upon Len�ier's request t� submit tv �he jurisdic�ion of the
<br /> cour�s nf HALL C�unty, S�a�e of Nebraska.
<br /> Time is v�the Essence. Time is vf th� essence in the performance af�his Deed of Trust.
<br /> Vllai�er of Homestead Exemp�ion. Trust�r hereby r�leases and wai��s all right� and benefi�ts of the h�m�stead
<br /> exemptifln laws o�the 5ta�e of N�braska as�v all Indebtedness secured by�his Deed ❑f Trust.
<br /> DEFINITI�NS. The follawing �api#ali�ed words and terms shall have the �ollowing meanings when used in this Deed of
<br /> Trust. [Jnless specifi�ally s�ated to the cvntrary, a�l references to da�lar amoun�s shall mean amvunts in lav►rful money
<br /> o� the Un�ted 5�ates of Amer�ca. W��ds and terms used in �he singular shall include the plural, an� the plural shall
<br /> include �he singular, as �he cantext may requir�, 1111ords and terms not otherwise defined in this Deed ofi Trust sha11
<br /> have the meanings attributed to such terms in the Uni�form Commercial Code:
<br /> 6enef�ciary. The wvrd "Bene�iciary" means Fi�e Points 6ank, an� its suc�essors and assigns.
<br /> 6orrower. The word "Borrower" means HEARTLAN❑ TIRES & TREADS QF KANSAS CITY, [NC. and includ�s al�
<br /> co�signers and co�makers signing the Note and all their successars and assigns.
<br /> De�d of Trust. The vtirords "aeed ofi Trust" mean this Deed o� Trust among Trus�or, Lender� and Trustee, and
<br /> includes without �imitation all assignment and security interes� pro�isians �ela�ing to the Pers�nal Property and
<br /> Ren�s.
<br /> Environmenta� Laws. The wvrds "Enr�ironmental Laws" mean any and all sta�e, fed�ral and Iocal statutes,
<br /> regulations and ardinances relating t� the prate�tian of human heal�h or �he environment, including without
<br /> limitation the Comprehensive En�ir�nmental Respanse, Compensation, and Liability I�c�k ❑f 198D, as amended, ��
<br /> U.S.C, Sec�ion 96��, et seq. �"CER�LA"y, the Superfund Amendments and Reau#horizati�n Act vf 198�, Pub. L.
<br /> No. 99--493 �"SARA"}, the Hazardous Materials Transpar�ta�ion A��, 49 U.S,C. Sectian 18�1, et seq.,the Res�urce
<br /> Conser�ation and Reco�ery Ac�, 42 U.S.C. 5ec�i�n 6��1, et seq., or other applicable s�ate �r fed�ra� laws, rules,
<br /> �r regula�ions adopted pursuanfi thereta.
<br /> Event o�Default. The wards "E�ent o� D�faul�" mean any�f the e�ents of default set forth in this Deed ❑f Trust in
<br /> the eWents of de�auft section o�this Deed o�Trust.
<br /> �uaranfiar. The ward "�uarantor" means any guarantor, surety, ❑r accommada�ion party of any or all of the
<br /> Indebtedness,
<br /> Guaran#y. The v►rord "Guaranty" means th� guaranty from Guarantor to Lender, including without limita�ion a
<br /> guaran�y o�all or part�f�he Note.
<br /> Imprvvements. The virord "Impro�em�nfis" means all exis�tng and futur� impravements, buildings, structur�s,
<br />
|