|
201607693
<br />8. Delay by Lender in exercising its rights upon default will not be construed as a waiver thereof, and any
<br />act of Lender waiving any specific default will not be construed as a waiver of any future default. If the
<br />proceeds under sale or foreclosure as set forth above are insufficient to pay the total Obligations secured
<br />hereby, Lender will be entitled to a deficiency judgment.
<br />9. Any awards made to Trustor or their successors by the exercise of eminent domain are hereby
<br />assigned to Lender; and Lender is hereby authorized to collect and apply the same in payment of any
<br />indebtedness, matured or un- matured, secured by this trust deed. Trustor shall immediately notify Lender
<br />of any action in eminent domain.
<br />10. This trust deed constitutes a security agreement with respect to all the Property described herein.
<br />11. No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of
<br />any other remedy herein or by law provided or permitted, but each will be cumulative, will be in addition
<br />to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute, and
<br />may be exercised concurrently, independently or successively.
<br />12. Trustor acknowledges that the duties and obligations of Trustee will be determined solely by the
<br />express provisions of this trust deed or the Nebraska Trust Deeds Act and Trustee will not be liable except
<br />for the performance of such duties and obligations as are specifically set forth therein, and no implied
<br />covenants or obligations will be imposed upon Trustee; Trustee will not be liable for any action by it in
<br />good faith and reasonably believed by it to be authorized or within the discretion or rights of powers
<br />conferred upon it by this trust deed or state law.
<br />13. The covenants contained in this trust deed will be deemed to be severable; in the event that any
<br />portion of this trust deed is determined to be void or unenforceable, that determination will not affect the
<br />validity of the remaining portions of the trust deed.
<br />14. Trustor hereby requests a copy of any notice of default or notice of sale hereunder to be mailed by
<br />certified mail to Trustor at the address set forth herein.
<br />15. All notices, requests and demands to or upon the respective parties hereto to be effective shall be in
<br />writing and, unless otherwise expressly provided herein, shall be deemed to have been duly given or
<br />made when delivered by hand, or three days after being deposited in the mail, postage prepaid, or, in the
<br />case of delivery by a nationally recognized overnight courier, when received, addressed to one or more
<br />of the individuals executing this trust deed on behalf of such party at the address set forth above, or to
<br />such other address as such party may designate for itself by like notice.
<br />16. Trustor shall promptly provide and /or execute and deliver to Lender such further instruments,
<br />including, but not limited to, mortgages, deeds of trust, security agreements, financing statements,
<br />continuation statements, assignments, certificates, affidavits, addendums, amendments or resolutions in
<br />form and substance satisfactory to Lender that Lender may require to effectuate, complete, perfect,
<br />continue or preserve this trust deed or any other Loan Documents, Obligations or liens related thereto.
<br />17. This trust deed and all of the Loan Documents constitute the entire and complete understanding of
<br />the parties hereto and supersede all prior agreements and understandings relative to the subject matter
<br />hereof. This trust deed may not be effectively amended, changed, altered or modified, except in writing
<br />executed by all parties. To the extent the provisions contained in this trust deed are inconsistent with
<br />those contained in any other Loan Documents, the terms and provisions contained herein shall control.
<br />Otherwise, such provisions shall be considered cumulative.
<br />18. This trust deed may be executed in any number of counterparts and by either party on separate
<br />counterparts, each of which shall be deemed an original, but all of which together shall constitute one
<br />and the same instrument.
<br />19. Time is of the essence in the performance of this trust deed.
<br />20. The terms of this trust deed shall bind and benefit the heirs, legal representatives, successors, and
<br />assigns of the parties; provided, however, that Trustor may not assign this trust deed, or any advances
<br />made hereunder, or assign or delegate any of its rights or obligations, without the prior written consent of
<br />Lender.
<br />21. The trust deed shall be governed by, and construed in accordance with, the laws of the State of
<br />Nebraska, except to the extent that the law of any other jurisdiction applies as to the perfection or
<br />enforcement of Lender's security interest in or lien on any Property and except to the extent expressly
<br />provided to the contrary in any Loan Document. In the event that any provision or clause of any of the
<br />Loan Documents conflicts with applicable laws, such conflicts shall not affect other provisions of such
<br />Loan Documents which can be given effect without the conflicting provision, and to this end the provisions
<br />of the Loan Documents are declared to be severable. This instrument can be waived, changed,
<br />discharged or terminated only by an instrument in writing signed by the party against whom enforcement
<br />of any waiver, change, discharge or termination is sought.
<br />App #: 5412060; CIF #: 111820; Note #: 3052370 223KM Legal Doc. Date: November 9, 2016
<br />FORM 5011, Trust Deed and Assignment of Rents Page 6 of 7
<br />
|