200001274 - Laserfiche WebLink

Browse

r 02- 08.2000 �� woo DEED OF TRUST Page s Loan No 25177 (Continues!) 200001274 secured hereby, and pit) the remainder, lf any, to the person or persons legally entitled thereto. (c) Trustee may in the manner provided by law postpone sale of all or any portion of the Properly. Remedies Not Exclusive. Trusts and Lender, and each of them, shall be entlUed to enforce payment and performance of any indebtedness or obligations secured by this deed of Trust and to exercise all rights and powers under this Deed of Trust, under the Note, under any of the Related Documents, or under any other agreement or any laws now or hereafter In force; notwithstanding, some or all. of such Indebtedness and obligations secured by this Deed of Trust may now or hereafter be otherwise secured, whether by mortgage, dead of trust, pledge, Ilan, assignment or otherwise. Neither the acceptance of the Deed of Trust nor Its enforcement, whether by court adion ,or pursuant to the power of sale or other powers contained in this Dead of Trust, shall prejudice or In any manner affect Trustee's or Lender's right to realize upon or enforce any other security now or hereafter held by Trustee or Lander, it being agreed that Trustee and Lender, and each of. them, shall be entitled to enforce this Deed of Trust and any other security now or hereafter told, by Lander or Trustee In such order , and manner As they or either of them may in their absolute discretion determine. No remedy conferred upon or reserved to Trustee or Lender, Is intended to be exclusive of any other remedy In this Deed of Trust or by law provided or permitted, but each shall be cumulative and shall be ln.addition to every other remedy given In this Dead of Trust or now or hereafter existing at law or, in equity or by statute. Every power or remedy given by the Note or any of the Related Documents to Trustee or Lander or to which either of them may be otherwise entiNed, may be exercised, concurrently or Independently, from time to time and as often as may be doomed expedient by Trustee or Lsnder, and eitther,of them may pursue Inconsistent remedies. Nothing in this Deed of Trust shall be construed as prohibiting Lender from seeking a deficiency' judgment against the Trustor to the extent such action is permitted by law. Request For Notice. Truster, on behalf of Trustor and Lender, hereby requests that a copy of any Notice of Default and a copy of any Notice of Sale under this Deed of Trust be mailed to them at the addresses sit forth in the first paragraph of this Deed of Trust. Waiver, Election of Remedies, A waiver by any party of a breach of a provision of this Deed of Trust shall not constitute a waiver of or prejudice the party's rights otherwise to demand strict: compliance with that provision or any other provision. Election by Lender to pursue any remedy provided in this Deed of Trust, the Note, in any Related Document, or provided by law shall not exrdude pursuit of any other remedy, and an election to make expendihrrss or to take action to perform an obligation of Trustor under this Dad of Trust after, failure of Trustor to perform shall not affect Lender's right to declare a dotautt and to exercise any of its remedies. Rights of Trustee. Trustee shay have all of the rights and duties of Lender as set forth ht tih% acton.-. r4 POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations, ofrTruettie are part of this Deed of Trust. Powers of Trustee. In addition to all powers of Trustee arising as a matter of law, Trustee shah have the power to take the following actions with rasped to the Property upon the written request of Lender and Trustor: (a) join In preparing and filing a map or plat of the. Real Property, Including the dedication of streets or other rights to the public; (b) join In granting any easement or creating any restrie lion.on the Real Property; and (c) join in any subordination or other agreement affecting this Deed of Trust or the interest of Lender under'this Dead, of Trust. Trustee. Trustee shall most all qualifications required for Trustee under applicable law. In addition to the rights and remedies set forth above, with respect to aft or any part of the Property, the Trustee shall have the right to f w gloss by notice and sole, and Lender shall have the right to foreclose by judicial foreclosure, in either case in accordance with and to the full extent provided by applicable law. Successor Trustee. Lander, at Lender's option, may from time to time appoint a successor Trustee to any Trustee, appointed hereon der by an ALL. Instrument executed and acknowledged by Lender and recorded In the office of the recorder of M County, Nebraska. TAW;InstrUmW shall contain, in addition to all other matters required by state law, the names of the original Lander, Trustee, and Trustor, #e" book 'arld' page (or computer system reference) where 'this Deed of Trust Is recorded, and the name and address of it* successor trustee, and the Instrument 'shall be executed and acknowledged by all to beneflolaries under the Dead of Trust or their successors in interest. The successor fir AW'9, without conveyance of the Property, shall succeed to all the 09, power, and duties conferred upon the Trustee in this Deed of Trust and by applicable law. This procedure for substitution of trustee shall govern to the exclusion of all other provisions for substitution. NOTICES TO TRUSTOR AND OTHER PARTIES. Any notice under this Deed of Trust shall be in writing, may be sent°by telefaosimile (unless otherwise required by law), and shall be effective when actually delivered, or when deposited with a nationally recognized overrhight, courier, or, N mailed, shall be deemed effective when deposited M On United Stabs mail Wdass, certified or registered mall, postage prepaid, ,,&acted to the addresses shown near the beginning of this Deed of Trust,.. Any party may change its adc#ess for nd icim under this Deed of 1rhM lay giving formal written notice to the other parties, speodit that the purpose of the notice Is to change the party's address. AN copies of nation of foreclosure from the holder of any Nan which has priority over this Dead of Trust shall be sent to Lender's address, as shown near the beginning of this filled of Trust. For notice purposes, Trustor agrees to keep Lender and Trustee Informed at all times of Tnbtor's current address. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust: Amendments. This Deed of Trust, together with any Related Documents, constitutes the entlro understanding and agreement of,the parties as to the matters set forth In this Deed of Trust. No alteration of or amendment to this Deed of Trust shall be affective unless given In writing and signed by the party or parties sought to be charged or bound by the aWation or amendment. 40111caablee Law. This Deed of Trod- hosbahsn delivered to Lender and accopled by Lander in the State of NobraMta. This Deed of Trust slat tai governed by and eongrued In accordance with foe laws of the Siaal of Nebraska. Caption Headings. Caption headings in the Deed of Trust are for convenience purposes only and are not to be used to Interpret or define the provisions of this Deed of Trust Merger. There shall be no merger of the interest or estate created by this Deed of Trust with any other Interest or estate ln'tihe Property at any time held by or for the benefit of Lander to any capaclty; without the written consent of treader. Multiple Partlee. AN obligations of Trustor under this Dead of Trust shall •be joint and several, and all references to Trustor shall mean each and every Trustor. This means that each of the persons signing below is responsible for at oWigaliops in this Dead of Trust. Severability. If a court of competent jurisdiction finds any provision of this Deed of Trust to be Invalid or unenforceable pas to. any person or circumstance, such finding shall not render that provision invalid or unenforceable as to any other persons or circumstances.. If feaslble, any such offending provision shah be deemed to be modified to be within the limits of enforceability er validity; however,,lf the- o<fand ig; provision cannot be so modified, it shah be stricken and all other provisions of this Dead of trust in all other respect shill remain valid and enforceable. Successors and Assigns. Subject to the Nmdtations stated in this Deed of Trust on transfer of Trustoe's intarest,'this'Deed df Trutt shall be binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Property b0d6mbs vested In a person other than Trustor, Lender, without notice to Trustor, may deal with TrusWs successors with reference to. thb-Deod of :Trust and the Indebtedness by way of forbearance or atension without releasing Trustor horn the obligations of this Deed of,.Trust or tom` under the Indebtedness. Time Is of the Essence. Time Is of the essence in the performance of this Deed of trust. Waivers and Consents. Lander shah not be deemed to have warred any rights under tibia Deed of Trust (or .under the. Related Documents) unless such waiver Is In waiting and signed by Lander. No delay or omission on the part of Lander in exsrdsing any right shah operate as a waiver of such right or any other right. A waiver by any party of a provision of this Deed of Trust shall not constitute a waiver of or prejudice the party's right otherwise to demand strict compliance with that provision or any other provision. No prior waiver by Lender, nor any course of dealing between Lender and Truster, shall constitute a waiver of any of Lem W9 ,dghta or any of Trustoes obligations as to any future transactions. Whenever consent by Lender is required in this Deed of Trust, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent Is required. Waiver of Henestsad Ekomptlon. Trustor hereby roleases and walves aft rights and bend of the homestead exemption laws of the State of Nebraska as to all Indebtedness secured by this Dead of Trust.