200100333 - Laserfiche WebLink

Browse

200100333 (b) This Trust Deed shall be construed according to the laws of the State of Nebraska. (c) This Trust Deed shall inure to and bind the heirs, legatees, devisees, administrators, executors, successors and assigns of the parties hereto. (d) Truster shall pay all taxes levied upon this Trust Deed or the debt secured hereby, together with any other taxes or assessments which may be levied against the Trustee or Beneficiary or the legal holder of said promissory note on account of the indebtedness evidenced thereby. (e) Whenever used herein, the singular number shall include the plural, the plural, the singular, the use of any gender shall be applicable to all genders, and the term "Beneficiary" shall include any payee of the indebtedness hereby secured or any transfer thereof, whether by operation of law or otherwise. 13. Successor Trustee. Beneficiary may from time to time substitute a successor or successors to any Trustee named herein or acting hereunder to execute this Trust Deed. Upon such appointment and without conveyance to the successor Trustee, the latter shall be vested with all title, powers, and duties conferred upon any Trustee herein named or acting hereunder. Each such appointment and substitution shall be made by written instrument by Beneficiary, containing reference to this Trust Deed and its place of record, which when recorded in the office of the Register of Deeds of the county or counties in which said property is situated shall be conclusive proof of proper appointment of the successor Trustee. The foregoing power of substitution and the procedure therefore shall not be exclusive of the power and procedure provided for by law for the substitution of a Trustee or Trustees in the place of the Trustee. 14. Forbearance by Beneficiary or Trustee Not a Waiver. 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 right or remedy hereunder. Likewise, the waiver by Beneficiary or Trustee of any default of Truster under this Trust Deed shall not be deemed to be a waiver of any other or similar defaults subsequently occurring. 15. Trustor Not Released. Extension of the time for payment or modification or amortization of the sums secured by this Trust Deed granted by Beneficiary to any successor in interest of Truster shall not operate to release, in any manner, the liability of the original Trustor or Trustor's successor in interest. Beneficiary shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Trust Deed by reason of any demand made by the original Truster and Trustor's successors in interest. 16. Default. If there shall be a default under this Deed of Trust or under any prior mortgage, the Beneficiary may cure such default, and the amounts advanced by, and other costs and expenses of the beneficiary in curing such default, with interest at the default rate contained in the Note secured hereby from the time of the advances or payments shall be added to the indebtedness secured by this Trust Deed and may be collected hereunder at any time after the time of such advances or payments and shall be deemed to be secured hereby. 17. Option to Foreclose. Upon the occurrence of any default hereunder, Beneficiary shall have the option to foreclose this Trust Deed in the manner provided by law for the foreclosure of mortgages on real property. 18. Trustor's Rights, Absent Default. Until any default in the payment of indebtedness hereby secured or until the breach of any covenant herein contained, the Truster, its successors and assigns, shall possess and enjoy the property, and receive the rents and profits therefrom. Upon payment of all sums secured by this Trust Deed, Beneficiary shall request Trustee to reconvey the property and shall surrender this Trust Deed and all notes evidencing indebtedness secured by this Trust Deed to Trustee. Trustee shall reconvey the property without warranty and without charge to the persons legally entitled thereto. The Grantee in any reconveyance may be described as "the person or persons entitled thereto ", and the recitals therein of any matters or facts shall be conclusive proof of the truthfulness thereof. Such person or persons shall pay all costs of recording, if any. 19. Request for Notice. The Truster requests that a copy of any notice of default and of any notice of sale hereunder be mailed to Truster at the address hereinbefore set forth. 20. Not Mortgage. Truster agrees and acknowledges that prior to the execution of this Trust Deed, Truster did acknowledge and hereby confirms again said acknowledgment that (i) the Trust Deed executed herein is not a mortgage but a trust deed and (ii) that the power of sale provided for in this Trust Deed provides substantially different rights and obligations to the Trustor than a mortgage in the event of a default or breach of obligation. IN WITNESS WHEREOF, the Truster has executed this Trust Deed the day and year first above written. P. r�L� MICHAEL R. HARMON aAL&J ANITA R. HARMON STATE OF NEBRASKA ss. COUNTY OF ADAMS Before me, a Notary Public, qualified for said County, personally came Michael R. Harmon and Anita R. Harmon, Husband and Wife, known to me to be the identical persons who signed the foregoing instrument and acknowledged the execution thereof to be their voluntary act and deed and that the execution thereof was the signers' voluntary act and deed. WITNESS my hand and Notarial Seal this � day of January, 2001. GENERAL NOTARY State of Nebraska h4tkawpa?b4- MARK A. BECK N tary Public My Comm. Exp. Jan. 6, 2005