201602032 - Laserfiche WebLink

Browse

14. GOVERNING LAW. This Deed of Trust shall be governed by the laws of the State of Nebraska. In the event that any provision or clause of any of the Loan Instruments conflicts with applicable laws, such conflicts shall not affect other provisions of such Loan Instruments which can be given effect without the conflicting provisions; and to this end, the provisions of the Loan Instruments are declared to be severable. This instrument cannot be waived, changed, discharged, or terminated orally, but only by an instrument in writing signed by the party against whom enforcement of any waiver, change, discharge or termination is sought. 15. RECONVEYANCE BY TRUSTEE. Upon written request of Beneficiaries stating that all sums secured hereby have been paid, and upon surrender of this Deed of Trust and the Note to Trustee for cancellation and retention and upon payment by Trustor of Trustee's fees, Trustee shall reconvey to, or the person or persons legally entitled thereto, without warranty, any portion of the Trust Estate then held hereunder. The recitals in such reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof. The grantee in any reconveyance may be described as "the person or persons legally entitled thereto ". 16. NOTICES. Whenever Beneficiaries, Trustor or Trustee shall desire to give or serve any notice, demand, request or other communication with respect to this Deed of Trust, each such notice, demand, request or other communication shall be in writing and shall be effective only if the same is delivered by personal service or mailed by certified mail, postage prepaid, return receipt requested, addressed to the address set forth at the beginning of this Deed of Trust. Any party may at this time change its address for such notices by delivering or mailing to the other parties hereto, as aforesaid, a notice of such change. 17. DUE ON SALE. TRANSFER OF PROPERTY. Should Trustor desire to sell or encumber the subject premises or any part thereof, it shall forthwith obtain the consent of Beneficiaries to such sale or encumbrance while any sums remain due on the Note secured by this Trust Deed. deed. 18. PURCHASE MONEY TRUST DEED. This trust deed is a purchase money trust 19. ACCEPTANCE BY TRUSTEE. Trustee accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided by law. IN WITNESS WHEREOF, Trustor has executed this Deed of Trust as of the day and year first above written. STATE OF NEBRASKA ) ) ss: COUNTY OF HALL ) The foregoing instrument was acknowledged fore me this 5 day of , 2016, by Westgate Properties, LLC, a Nebraska Limited Liability Company, by E. Y g p Y Y Y Middleton, its member. jea GBERAL NOTARY - Slate of Nebraska SARAH M. WILES NyCann. Exp. Jane 19, 2019 WESTGATE PROPERTIES, LLC By. 2 01602032 Thomas E. Middleton, Member (Trustor) Notary Public