Laserfiche WebLink
2� 15�8�57 <br /> tvtal iiability of Trustor for payments in the nature of interest shall n�� exce�d the limits imposed by <br /> the usury laws of the State of Nebraska. <br /> Se�tion 3.19 - Additianal Ri hts and Remedies. In the e�ent Trustor fails ar refuses to <br /> surrender possession of the Mortgaged Property after any Trustee's sale or sheriff s sale ,Trustor shall <br /> be deemed a tenant at sufferance, subj ect ta eviction by means of forcible entry and detainer <br /> praceedings, provided that this remedy is not exclusi�e ar in deragatian vf any other right or remedy <br /> a�ailable to Beneficiary. <br /> Section 3.2D -Time �f The Essence. Tirne of each payment and perf�rmance af each of <br /> Trustvr's obligations pursuant ta th� Note, this Deed af Trust, the Loan Documents and ea�h other <br /> instrument or obligation of Trustor as secured hereby is specifically d�clared to be af�he essence. Al� <br /> covenants and agreements of Trustor con�ained herein or in any �ther Loan Documen� shall cnntinue <br /> in full force ar�d�ff�Ct fram and after the date hereof until indefeasible payment in full of the Secured <br /> Indebtedness. <br /> S ection 3.21 - Ri ht ta Cure Defaults. If the Trus�or shal� fail ta Comply with any of the <br /> terms, co�enants and conditions her�in with r�spect to the procuring of insuranc�, the payment of <br /> taxes, assessments and other charges, the k�eping of the Martgaged Prap�r�y in repair, or any other <br /> term, co�enant or conditian herein can�ained,the Beneficiary may�but sha�l be under no obligation to} <br /> perform the same andlor make advances to perform the same withvut notice to or demand upon the <br /> Trustar and without wai�ing or releasing any obligat�on or default and, where necessary, enter the <br /> Mortgaged Property for the purpose of performing any such term, covenant or condition withvut <br /> liabili�y to the Trustor for any loss or damage caused by such �ntry. The Trustar a�rees to r�pay all <br /> sums so ad�anced �inc�uding premiums for so-called "force placed" insurance co�era�e protecting <br /> vnly the interes�of Beneficiary in the Mortgaged Property} upon demand, with interest fr�m the dates <br /> such advances are made, at the Default Rate under the Note, and all sums so advanced, with interest, <br /> sha�l be secured hereby, but no such ad�ance shall be deem�d to relieve the Trus�or from any default <br /> hereunder. <br /> Section 3.22 - �ndemnification•No Abatement. The Trustar will pr�tect,indemnify,defend <br /> and sa�e harmless the Beneficiary for, from and against al� liabilities, obligations, claims, darnages, <br /> pena�ties, causes of action, costs, char�es and �xpenses, including, without l�mitation, reasonable <br /> attorneys' fe�s and expenses, which may be imposed upan or ineurred by or asserted against the <br /> Benef ciary by reason af any accident, injury to or death of any person nr �oss af or damage to any <br /> property occurring on or about the Martgaged Proper�y or the adj oining sidewalks, curbs, vaults and <br /> �ault space, �f any, s�reets or ways,during th�term of th�s De�d af Trust; any use,nonuse or�ondition <br /> of the Mortgaged Property or the adj oining sidev�alks, curbs, vaults and vault space, if any, streets or <br /> ways, during the term of this Deed of Trust; any fa�lur� on �he par� of th� Trustor to perform or <br /> cornply with any of the �erms of this Deed of Trust; perfarmance of any labor ar ser�ices or the <br /> furnishing �f any rnat�rials or o�her property in r�spect of the Mortgaged Property at the instan�e or <br /> request of�he Trustor; or any prahibited transactions in violation flf ERISA. Any amounts payabl�to <br /> the Beneficiary under this Se�tion which are not pa�d within 1� days after written demand therefor by <br /> �he Beneficiary shall bear in�erest at �he Defau�t Rate und�r the Nate. In case any action, suit or <br /> proceeding is brought against�he Beneficiary by reason of any such accurr�nce, the Trustor, upon the <br /> Beneficiary's request, will at the Trustor's expense resist and defend such action, suit or praceeding ar <br /> cause the same to be resisted and defended, either by counsel designated by the Trustor and approved <br /> by the Beneficiary, or, where such occurrence is co��red by�iability insurance,by caunsel designated <br /> 21 <br />