|
89-- 101934
<br />otherwise specifically provided herein, shall continue in full
<br />r force and effect until the indebtedness shall have been paid in
<br />full and this Deed of Trust released.
<br />43. successors and Assigns. All of the terms and Obligations
<br />of this Deed of Trust shall run with the land and shall apply to,
<br />and be binding upon, the successors and'assigns of Trustor and
<br />shall inure to the benefit of the•successors and assigns of
<br />Beneficiary.
<br />l . 44. ssverabilitg. In c Y one or mom
<br />m o€ the testes` ;�;�' �
<br />q+kL g ations under- :this Deed ok- tr r-t shall be ,r aiici,: illegal.-
<br />or
<br />;. 4a ,rorceabPe in anir rest c; s nre va l iditc o f .tatrra ' ; eta i z:xta
<br />g sh7s 1.. ixm rYra,; :isJr�rt ,, 3tv r,Li4c^i
<br />`.r .�'LIi�lGtuu��•• there%, , ' . � % � •: ,� ,
<br />t •:''.° � 57 teams of:.th s Deed of Trust may not be .
<br />; y , ' a iv6d, discharged or terminated orally, but only by an
<br />instrument or instruments in writing. Except as otherwise
<br />specifically provided herein, all such instruments shall be signed
<br />by Trustor, Trustee and Beneficiary.
<br />46. Counterpart. This Deed of Trust may be executed in any
<br />number of counterparts, each of which shall be an original but all
<br />of which together shall constitute one instrument.
<br />47. Applicable Law. This Deed of Trust shall be governed by
<br />the laws of the State of Nebraska which laws shall be applicable in
<br />the interpretation, construction and enforcement hereof.
<br />48. Headings. The section and subsection headings hereof are
<br />inserted for convenience of reference only and shall in no way
<br />alter or modify the text of such sections and subsections.
<br />49. Ri.gbts and Rgadiea Cumulative; Forbearance Not a waiver.
<br />All various rights, powers, options, elections, appointments and
<br />remedies provided in this Deed of Trust small be construed as
<br />cumulative and concurrent and no one of them as exclusive of the
<br />others, or of any other rights or remedies allowed by taw, and may
<br />be pursued by Beneficiary or Trustee separately, successively or
<br />together against Trustor or against other obligors or against the
<br />Trust Property, or any one or more of them, in the sole discretion
<br />of Beneficiary, and may be exercised by Beneficiary and Trustee as
<br />often as occasion therefor shall arise, provided always That
<br />neither Beneficiary nor Trustee nor any of their agents or
<br />attorneys shall incur any personal liability for acts or omissions
<br />hereunder.
<br />Vo delay or omission by Beneficiary or Trustee to exercise any
<br />right or remedy accruing upon any default by Trustor shall impair
<br />any such right or remedy or shall be construed to be a waiver of
<br />such default of acquiescence therein, and every such right and
<br />remedy may be exercised from time to time as often as may be deemed
<br />expedient. Any prior forbearance or acquiescence by Beneficiary or
<br />Trustee concerning any default by Trustor under any of the terms or
<br />Obligations of this Deed of Trust, including, but not limited to,
<br />acceptance of past due payments and acceptance of reimbursements
<br />for advances made for taxes, insurance, repairs or liens, shall not
<br />constitute a waiver of default, and Beneficiary shall have the
<br />right thereafter to insist upon strict performance by Trustor of
<br />all such terms and Obligations.
<br />x'Sscolla ocus Rights of EUtnefl.ciary. , Ban.arial' ary-.may at
<br />any time and from. time to time, without" notice,, and w:Lt jiWou►t
<br />iMpairing ar adversely affecting the lii311� ,[Iereof, cbr�,�c�r�} to ' the
<br />making of any plat of thef..'rrust prapej*ty jar. tire. creation of ' '
<br />eaGazent thereon or any covenants ri esiri61: mq x;1 :4e or occupallay
<br />thereof or agree tc- alter or amend tho, tdi� oi. �rnfs -Dined of .Vrust.
<br />Any person 0i 1 property remaxs:.�ing upon tine:::! r.�usG ?�' pc�itls` _after the
<br />Trust Property has been po.ss'essed or oceuJsi.ed� bi 13dria.iEidfary, its
<br />D:\LOANDOC \HEALTH.DOT
<br />April lo, 1989 23
<br />TM f
<br />,w
<br />
|