|
89= 101562
<br />(g) It Trustor Is not an individual, the Issuance, sale, transfer. assignments conveyance or encumbrance of more than a total
<br />of .._ percent of (if a corporation) its Issued and outstanding stock or (if a partnership) a total of percent of
<br />partnership interests during the period this Deed of Trust remains a lien on the Property.
<br />12. No sritss; AczeMratlan Upon Detwtilt. In the event of any Event of Default Lender may, without notice except as required by
<br />law, declare all indebtedness secured hereby to be due and payable and the same shall thereupon become due and payable
<br />11
<br />witltout any presentment demand,protest at notice of any kind Thereafter Lender may:
<br />(a) Demand that Trustee exercise the POWER OF SALE grafited herein, and Trustee shall thereafter cause Trustor's
<br />interest in the Property to be sold and the proceeds to be distributed, all in the manner provided in the Nebraska Trust Deeds
<br />ACC
<br />(b) Exercise any and all rights provided for in any of the Loan instruments or by law upon occurrence of any Event of
<br />Default and
<br />(c) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, or specifically enforce any of the
<br />covenants hereof.
<br />No remedy twain conferred upon or reserved to Trustee or Lender is intended to be exclusive of any other remedy herein, in the
<br />Loan Instruments or by law provided or permitted. but each shall be cumulative. shall be in addition to every other remedy given
<br />hereunder, in the Loan Instruments or now or hereafter existing at law or in equity or by statute, and may be exercised concurrently,
<br />independently or successively.
<br />13. Trust ". The Trustee may resign at any time without cause, and Lender may at any time and without cause appoint a
<br />successoror substitute Trustee. Trustee shall notbe lfableto any party, including without limitation Lender, Borrower, Trustor orany
<br />purchaser of the Property, for any lcoss ordamage unless due to reckless or willful misconduct. and shall not be required to take any
<br />action in connection with the enforcement of this Deed of Trust unless indemnified, in writing, for all costs, compensation or
<br />expenses which may be associated therewith. In addition, Trustee may become a purchastn at any sale of the Property (judicial or
<br />under the power of sa`a T.m.7,ited herein); postpone the sale of all or any portion of the Property, as provided by law; or sell the
<br />Property as a whole, or in s ,,rate parcels or lots at Trustee's discretion..
<br />14. FsN and Exp tars; n ''h event Trustee sells the Property by exercise of power of sale, Trustee shall be entitled to apply
<br />any sate proceeds first ' -o i!'`"e"'i"ai 811 costs and expenses of exercising power of sale, including all Trustee's tees, and Lender's
<br />and Trustee's attorney's fees, actua+',y'incurred to extent permitted by applicable law. In the event Borrower or Trustor exercises any
<br />right provided by law to cure an Event of Default, Lender shall be entitled to recover from Trustor all costs and; exg.,enses actually
<br />"incurred as a result all Tr,�stor's default, including without limitation all Trustee's and attorney's fees, to the extent permitted by
<br />applicable taw.
<br />15. Fatwe Advances. Upon request of Borrower. Lender may, at its option, make additional and future advances and re-
<br />advances io narrower. Such advances and readvances, with interest thereon, shall be secured by this Deed of Trust. At no time shall
<br />the principaltamount of the indebtedness secured by this Deed of Trust, not including su!r%s a Wvastced to protect the security of this
<br />Deed of Trust exceed t ,;a original principal arnount.stated herein, or $ 95 _ 130, Orli vNItliZaasr s greater.
<br />16. MiscellarAx".PmMolons.
<br />.
<br />(a) Borrower NO iRsleased. Extension of the time for payment or .,;adits: ai:on al a n pmzaton W the sums secured by th,
<br />Deed of Trust granted by Lender se•any successor in interest of Borrower, snail not op.ra::a to release, in any rr;anrer, the liability
<br />`'•
<br />of theoriginal Borrower and Br,T owar's successors in interes,. I -ender shall not be requ+-,ed to commence proceedings against
<br />such successor or refuse to exr.,artdelme for payment or oths-wq;ss modify amortization of the sums secured by ti`L "is feed of Trust
<br />by reason of any demands made by the original Borrower and Borrower's successors in interest.
<br />(b) Letttder's Powers. Without affecting the liability of any other person liable for the payms. -, of any obligation herein
<br />mentioned, and without affecting the lien or charge of this Deed of Trust upon any portion of the Properly not then or theretofore
<br />released as security for the full arraunt of all unpaid obligations, Lender may, from time to time and ifs �thlut notice;i) release any
<br />person so liable, (ii) extend the tea' wity or alter any of the terms of any such obligations, (iii) grant oti Sr ; dam! ? -.ces; (iv) release
<br />or reconvey, or cause to be released or reconveyed at anytime at Lender's option any parcel, po rtz" r,:,','; cf. the Property,
<br />(v) take or release any other or additional security for any obligation herein mentioned. or (vi) m.wi.e ^.on:.osMons or other
<br />arrangements with drdvlars in relation thereto.
<br />(c) Forbearance !by Lender Not a Waiver. Any forbearance by Le:.tsrr in exercising any right or remedy hereunder, or
<br />otherwise afforded by applicab'ia 'raw, shall not be a waiver of or preclude the exercise of any such right or remedy. The
<br />procurement of insurance or f er;a':yment of taxes or other liens or charges by Lendcarc hall not be a waiver of Lender's right to
<br />accelerate the maturity of the indebtedness secured by this Deed of Trust.
<br />(d) Successor* and Assigns Bound; JVr.t.and Several Liability; Captions. The covenants and agreements herein con-
<br />tained shall bind, and the rights hereunde, shall inure to, the respective successors and assigns of Lender and Trustor. All
<br />covenants and agreements of Trustor shad be joint and several. The captions and headings of the paragraphs of this Deed of
<br />Trust are for convenience only and are not to be used to interpret or define the provt9lor's hereof.
<br />(e) Request for Notices. The parties hereby request that a copy of any notice of c;r; .vIiY+..,eretr6Vr and a copy of any notice ,
<br />of sale hereunder be mailed to each party to this Deed of Trust at the z,) iS'vess set forth above r-, i rs manner proscribed by
<br />applicable law. Except for any other notice required under applicable , nw,,tr ;e given In another manner, any notice provided
<br />for in this Deed of Trust shall be given by mailing such notice by to the other parties, at the address set
<br />forth above. Any noti.e provident tar in this Deed of Trust Shall be in the manner designated herein. If
<br />Trustor is more than one person, notice sent to the address set forth to all such persons.
<br />(9 Inspection. Lender may make or cause to be made reasonable e, ,. •s .pon and inspections of the Property, provided
<br />that Lender shall yirri Trustor notice prior to. ;ny such inspection reasonable cause therefor related to Lender's
<br />interest in the Pri7plrrr•
<br />(g) Reconvelyance. Upon payment of n;7 sL," r secured by this Deed ct Trust Lender shay,.rer,w&t" Trustee to reconvey the
<br />Property and shall surrender this Deed of Tnv v: all nc�l ss evidencing indebtedness secured by.:1„,t, Deed of Trust to Trustee.
<br />TruSiwit, SR.alt reconvey the Property with3..c. a, _rranty a:•iy vs•,thout charge to the person or per: , ?ns legally entitled thereto.
<br />Trusto}' ctiall pay all costs of recordation,
<br />(h) Personal Pt"erty; Security AgreecanL As additional securilJ.; for the i; -fr*7!t of the f7iols, Trustor hereby grants
<br />Lender under f!'ro Nebraska Uniform Comme%ani Code a security interESxir ii,,: fixturear4 i,;,lipmeri± and other personal property
<br />used In onnectcn with thereat estate or improvements located thereon; ivtt2 n "at ctllCrwf.Ue declared or deemed to be a part of
<br />the rttiVestate secured hereby This instrument shall be construed as a S2ejnty Ap,`r:mun.ent under said Code, and the Lender
<br />Shall Nave all the rights and remedies of a secured party under said Code ir• additiCnt'tii i_he rights and remedies created under
<br />and accorded the Lender pursuant to this Deed of Trust; provided that Lienderr's rights and remedies under this paragraph shall
<br />be cumulative with, and in no way a limitation on. Lender's rights and raoutdies under any other security agreement signed by
<br />Borrower or Trustor.
<br />W Lima and Encumbrances. Trustor hereby warrents and represe ,t:3 ,hat there is no default under the provisions of any
<br />mortgage, deed of trust, lease or purchase contract describ:ng all or any part of the Ptaoerty. or other contract, instrument or
<br />agreement constituting 3 lien or encumbrance against all or any part of the Property lcollectively, "Liens' ). existing as of the
<br />date of this Freest of Trust, ar,G ti'rat asry afrG 811 traifitrfiy Liiefi8 *ernairt U7, nni:dified WtVep£ cs thu:luzed iu Lender rn Trustr's
<br />written disclosure of liens and encumbrances provided for herein Trustor shall timely perform all of Trustoes obligations.
<br />i
<br />covenants. representations and warranties under any and all existing and future Liens, shall promptly forward to Lender copies
<br />L
<br />of all notices of default sent in connection with any and all existing or future Liens, and shall not without Lender's prior written
<br />consent rn any manner rrodify the provisions of or allow any future advances under any existing or future Liens
<br />0) Appkalciin of Paynwis, Unles3 otherwtge required bylaw. sums paid to Lender hereunder. including without firrMation
<br />paymeraa of principal and interest. insurance proceeds. condemnation proceeds and rents and profits. shah he a4pned b�
<br />to
<br />Lender totheamourts due and owing from Tru3totand Borrower in such order as Lender in its so;e discretion deems desitable
<br />(k) SaimsbiNy. If any provrston of this peed of Trust conflicts with appncab'.e law or is de0a+ed nvarid "it alrietvvse
<br />r
<br />urror'!u7Cer:b'0. sucti Conflici or invalidity shall not affect the oit^er prowsons of tnts Dead of Trusr c•i ine Non- irimcr+ t of ,,i
<br />b
<br />given uVact witrtuut the conflicting pruv.9irr.►, and to this Find the provisrora of th,s Deed 0 Trust air; tno Nule arer dociareu to do
<br />novr;ta::;io
<br />MIS
<br />'i
<br />
|