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201508173
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Last modified
5/17/2016 12:56:34 PM
Creation date
12/2/2015 2:11:35 PM
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DEEDS
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201508173
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G: \NE #62661 \Lift Solutions, Inc. <br />7829809056\20150917003 K.Carlisle (924 Claude <br />Road) C- 301_NE.doc (Rev. 07/14) <br />-2- <br />w 0 1 ')08:x"" <br />with the terms and conditions of the security agreements between Bank and Debtor, this Agreement and <br />applicable law. <br />3. Conditions. The rights and licenses granted to Bank herein are conditioned upon Bank's <br />agreement to, and Bank hereby agrees to: (a) pay rent to Landlord at the times and at the daily rate paid <br />by Debtor for the period commencing on the day Bank enters into possession of the Property and ending <br />on the day Bank relinquishes possession thereof; and (b) reimburse Landlord for any damage to the <br />Property, other than diminution in value thereof, actually caused by Bank's activities on the Property <br />during its possession thereof. <br />4. Indemnity. Debtor agrees to indemnify and hold Landlord and Bank, and their respective <br />partners, officers, directors, successors and assigns, harmless from and against any and all claims, <br />actions, damages, costs, expenses (including reasonable attorneys' fees, to include Bank's outside <br />counsel fees and all allocated costs of Bank's in -house counsel) and /or liability arising from or in any <br />manner relating to Landlord's compliance with this Agreement and /or Bank's exercise of any of its rights <br />hereunder. Debtor hereby irrevocably authorizes Landlord to comply with any instructions or directions <br />which Bank may give to Landlord pursuant hereto and /or in connection with Bank's exercise of its rights, <br />powers and remedies with respect to the Collateral. <br />5. No Waiver; Amendments. No delay, failure or discontinuance of Bank in exercising any <br />right, power or remedy hereunder or under any security agreement between Bank and Debtor shall affect <br />such right, power or remedy; nor shall any single or partial exercise of any such right, power or remedy <br />preclude, waive or otherwise affect the further exercise thereof or the exercise of any other right, power or <br />remedy. The rights, powers and remedies of Bank hereunder are cumulative and not exclusive. Any <br />waiver, permit, consent or approval of any kind by Bank of any breach of or default under this Agreement, <br />or any such waiver of any provisions or conditions hereof, must be in writing and shall be effective only to <br />the extent set forth in such writing. This Agreement may be amended or modified only in writing signed <br />by all parties hereto. <br />6. Notices. All notices, requests and demands required hereunder must be in writing, <br />addressed to each party at the address specified below or to such other address as any party may <br />designate by written notice to each other party, and shall be deemed to have been given or made as <br />follows: (a) if personally delivered, upon delivery; (b) if sent by mail, upon the earlier of the date of receipt <br />or three (3) days after deposit in the U.S. mail, first class and postage prepaid; and (c) if sent by telecopy, <br />upon receipt. <br />7. Governing Law; Successors, Assigns. This Agreement shall be governed by and construed <br />in accordance with the laws of the State of Nebraska, and shall be binding upon and inure to the benefit <br />of the heirs, executors, administrators, legal representatives, successors and assigns of the parties. <br />
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