Laserfiche WebLink
200 � � 0942 <br /> (b) Lender's Powers. Without affecting the liability of any other person liable for the payment of : <br /> any obligation herein mentioned, and without affecting the lien or charge of this Deed of Trust upon any portion of <br /> the Property not then or theretofore released as a security for the full amount of all unpaid obligations, Lender may, : <br /> from time to time and without notice, (i)release any person so liable; (ii) extend the maturity or alter any of the <br /> terms of any such obligations; (iii)grant other indulgences, (iv) release or reconvey, or cause to be released or <br /> reconveyed at any time at Lender's option any parcel, portion or all of the Property; (v)take or release any other or <br /> additional security for any obligation herein mentioned; or (vi) make compositions or other arrangements with : <br /> debtors in relation thereto. <br /> (c) Forbearance bv Lender Not a Waiver. Any forbearance by Lender in exercising any right or : <br /> remedy hereunder or otherwise afforded by applicable law shall not be a waiver of, or preclude the exercise of, any : <br /> such right or remedy. The procurement of insurance or the payment of taxes or other liens ar charges by Lender : <br /> shall not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this Deed of Trust. <br /> (d) Successors and Assiens Bound; Joint and Several Liabilitv; Captions. The covenants and <br /> agreements herein contained shall bind,and the rights hereunder shall inure to,the respective successors and assigns : <br /> of Lender and Trustor. All covenants and agreements of Trustar shall be joint and several. The captions and : <br /> headings of the paragraphs of this Deed of Trust are for convenience only and are not to be used to interpret or : <br /> define the provisions hereof. : <br /> (e) Request for Notices. The parties hereby request that a copy of any notice of default hereunder <br /> and a copy of any notice of sale hereunder be mailed to each party to this Deed of Trust at the address set forth <br /> above in the manner prescribed by applicable law. Except for any other notice required under applicable law to be <br /> given in another manner, any notice provided for in this Deed of Trust shall be given by mailing such notice by : <br /> certified mail addressed to the other parties, at the address set forth above. Any notice provided for in this Deed of <br /> Trust shall be effective upon mailing in the manner designated herein. If Trustor is more than one person, notice <br /> sent to the address set forth above shall be notice to all such persons: : <br /> (fl Inspection. Lender may make, or cause to be made, reasonable entries upon and inspections <br /> of the Property, provided that Lender shall give Trustor notice prior to any such inspection specifying reasonable <br /> cause therefor related to Lender's interest in the Property. : <br /> (g) Reconvevance. Upon payment of all sums secured by this Deed of Trust, Lender shall request : <br /> Trustee to reconvey the Property and shall surrender this Deed of Trust and all notes evidencing indebtedness : <br /> secured by this Deed of Trust to Trustee. Trustee shatl reconvey the Property without warranty and without charge : <br /> to the person or persons legally entitled thereto. Trustor shall pay all costs of recardation, if any. : <br /> (h) Personal Property; Securitv A¢reement. As additional security for the payment of the Note, <br /> Trustor hereby grants Lender, under the Nebraska Uniform Commercial Code, a security interest in all fixtures, <br /> equipment and other personal property used in connection with the real estate or improvements located thereon and <br /> not otherwise declared or deemed to be a part of the real estate secured hereby. This instrument shall be construed <br /> as a Security Agreement under said Code, and the Lender shall have all the rights and remedies of a secured party : <br /> under said Code in addition to the rights and remedies created under and accorded the Lender pursuant to this Deed <br /> of Trust, provided that Lender's rights and remedies under this paragraph shall be cumulative with, and in no way a : <br /> limitation on,Lender's rights and remedies under any other security agreement signed by Borrower or Trustor. <br /> (i) Liens and Encumbrances. Trustor hereby warrants and represents that there is no default <br /> under the provisions of any mortgage, deed of trust, lease or purchase contract describing all or any part of the : <br /> Property, or other contract, instrument or agreement constituting a lien or encumbrance against all or any part of the : <br /> Property (collectively, °Liens") existing as of the date of this Deed of Trust, and that any and all existing Liens <br /> remain unmodified except as disclosed to Lender in Trustor's written disclosure of liens and encumbrances provided <br /> for herein. Trustor shall timely perform all of Trustor's obligations, covenants, representation and warranties under : <br /> any and all existing and future Liens, and shall not without Lender's prior written consent in any manner modify the : <br /> provisions of or allow any future advances under any existing or future Liens. : <br /> (j) Application of Pavments. Unless otherwise required by law,,sums paid to Lender hereunder, <br /> including, without limitation, payments of principal and interest, insurance proceeds, condemnation proceeds and : <br /> rents and profits,shall be applied by Lender to the amounts due and owing from Trustor and Borrower in such order <br /> as Lender in its sole discretion deems desirable. <br /> (k) Severabilitv. If any provision of this Deed of Trust conflicts with applicable law or is <br /> declared invalid or otherwise unenforceable, such conflict or invalidity shall not affect the other provisions of this <br /> Deed of Trust or the Note which can be given effect without the conflicting provision, and to this end, the <br /> provisions of this Deed of Trust and the Note are declared to be severable. <br /> (1) Terms. The terms "Trustor" and "Borrower" shall include both singular and plural, and when <br /> the Trustor and Borrower are the same person(s),those terms as used in this Deed of Trust shall be interchangeable. <br /> (m) Governing Law. This Deed of Trust shall be governed by the laws of the State of Nebraska. <br /> Trustor has executed this Deed of Trust as of the date written above. <br /> i_ <br /> �_ <br /> �_ <br /> Page 4 of 5 <br />�� �_ <br />