201702613 - Laserfiche WebLink

Browse

' 2� 17�2� 13 , iimitatian, any adversary proceeding, cont�s�ed ma�ter or mation braught by B�nef ciary or any other person� rela�ing to Trustar ar in any way affe�ting any af the Trust Prap�rty or Beneficiary's ability to �x�rcise any of�ts rights nr remedies with respect thereto. All of the foregoing shall b�pa�d by Trustar wi�h in�erest from the date of demand un�il pa�d in full at �he highest rate per annum payabl� under any Secured�b�igatian. 4.7 Power to F�le Notices and �ure Defaults. Trus�or hereby irre��cably appaints Benefic�ary and its successors and assigns as Trus�or's true attorney-in-fact to perform any of the fol��wxng po�vers, which agency �s coupled with an interest: �a�to execute an�lor record any natices �f completion, cessatian of �abor, �r any a�her no�ices that Benef�c�ary deems appropria�e to protect Benefic�aryTs interest; and�b}upon the occurrence �f any ever�t, ac�or omission vvhich with the giving of no�ice or the passage of time, ar both, would constitute a D�fau�t, ta perform any obligatxon of Trus��r h�reunder; provi�ed hawe��r, that Benefic�ary, as such att�rney�in-fact, sha1� only be accountab�e far su�h funds as are a�tual�y received by Benefic�ary, and Ben�ficiary sha1l not be�iable to Trustor or any other person or enti�y for any failure t�act under this Sectian. 4.S Remedies Cumulative• N� �LTaiver. All righ�s, powers ara.d remedies af Beneficiary and Trustee hereunder are cumu�ativ� and are in addition to a�� rights, pawers and remedies pro��ded by law or in any other agreements b e�ween Trustor and B eneficiary. No delay, fa�lure or dx scantinuance o f B�neficiary�n exercising any right,pnwer or remedy hereunder shall affect or op�rat�as a waiver af such righ�, p�wer ar remedy; nor shall any sing�� or partial exerc�se af any such righ�, power or remedy preclude,wa�ve or otherwise affec�any o�her or further exercise thereof or the exercise of any other right, pow�r or remedy. ARTICLE V. MIS�ELLANE�US PR�VISI�NS 5.� No Mer er. No merger shall occur as a result af Berieficiary's acquiring any ather estate in, ar any other lien�n,�he Trust Property unless Beneficiary specifically consents to a merger in writing. 5.� Execution of I��uments. Trustor agrees, upan demand by Beneficiary or Trustee, to execute any and all do�uments and instruments required to effe�tuate the provisions h�reof. 5.3 Ri ht of Ins ection. Benefic�ary or i�s agents or emplayees may �nter onta the Trust Property at any reasonable time for the purpase of inspecting the Trust Property and ascer�a�r�ing Trustor's compliance with the terms hereof. 5.4 Noti�es Re uests far Not��e. A�1 natices, requests and demands which Trustor ar Benef�ciary is required ar may desire to give to the other party must b�in writing, delivered to each party at the fal�owing addresses: If t�Beneficiary: Delores I�. Garrett Living Trust P.a. Box 1587 Grand Is�and,NE 5�$�� Attent�on: Michael and De�vres�arre��,Trustees If to Trustor: �arrett Ent�rprises,Inc. P.�. Bax �587 Grand Is�and,NE 688�Z Attention: Michael�arrett ar at such o�her address as either party sha11 designate by wr�tten notic� to the other party in ac�ordance �vith the provisions hereof. � _�z_