90104902 - Laserfiche WebLink

Browse

104902 ` _M "Trust 1inotanlndlvidual, the lssrIattce tpsttr transfer, a8ftnntent conveyance orenc ,umbrancoetmaiathanatow of percent of tit al corporation) its issued and outstanding stock or (if a partnership) a total: of Fifty f t - percent of < partnership Interests dttfing the period this Deed of Trust remains a lien on the Property.- 12 "I - 8disI A c c ter -don upon Dsfatft to the event of any Sventof Defauft tender may. without notice except as required by taw, deatare aft Indebtedness secured hereby to be due'and payable and the same'shall thereupon became duel and payable without any presenttn "s demand. protest or notice of any kind. Therpeller Lender may., (e) Demand that Trustee exercise the POWER OF SALE: granted herein, and Trustee shall thereafter cause Trustoes interest in the Property to be sold and the proceeds to be distributed, all in the manner provided In the Nebraska Trust Deeds Act '(b) -Exeircise any and all rights provided for In any of the Loan Instruments or by law upon occurrence of any Event of Default and _ (o) 'Commence an.action to.foreclose this Deed otTrust as a mortgage, appoint a receiver, or specifically enforce any of the No remedy herein conferred upon or reserved to Trustee or Lender is intended to be exclusive of any other remedy herein. In the Loan insWments orby law provided or permitted, buteach shalt be cumulative, shall be in addition to every other remedy given heraunder. In the Loan instruments or now or hereafter existing at law or in equity or by statute, and may be exercised concurrently, iirklependently or successively, 13. Tttrsiel.. The Trustee may resign at any time without cause, and Lender may at airy time and without cause appoint a succeswrorsubstftutsTi4sW. TFustehshaltmotb4 flabteto any party. including withoutlinit lion Lender Borrower, Trustororany ! ptrrchassr.of the Property, for any loss or daihagre unless due to reckless or willful misconduct, and shall not be required to take any action in corwteciion with the enforcement; of this Deed of Trust unless indemnified. in writing, for all casts, cwnpensation or exptauees vvfdclrmsy be as>socfatsdttr�3rsQj .*In sddim Trustee may become a purchaser at arty sate of tirsProperty pudicial or under the power of sale granted herein); postpone the sale of all or any portion of the Property, as provided by law; or sell the • Property as.a.whole,.or in 4Wr8te piilrcels or tots at Trustee's discretion. ' 1+: Fees and Expenses. iii the event Tifrrs ibe sells the Property by exercise of power of sale. Trustee shall be entitled to apply any sale proceeds first to payment of all costs and expenses of exercising power of sale, including all Trustee's fees. and Lender's and Trustee's Attorney's fees, actually incurred to extent permitted by applicable taw. to the event Borrower or Trustor exercises any II right provided by law to cure an Event of Default. Lender shall be entitled to recover from Trustor all costs and expenses actually 4 incurred as a result of Truser's default, including without limitation all Trustee's and attorney's fees, to the extent permitted by applicable law. 16. Future Advances. Upon request of Borrower. Lender may, at its option, make additional and future advances and re- advances to Borrower. Such advances and readvahces, with interestthereon, shall be secured by this Deed of Trust. At no time shall the principal amount of the indebtedness secured by this Deed of Trust, not inclu in sums advanced to protect the security of this Deed of Trust, exceed the original principal amount VX.ed herein, or $0 r 009.80 whichever is greater. ` to.` MMceNaneoue Provisions. i (a) Borrower Not RNessed. Extension of the time for payment or modification of amortization of the sums secured by this Deed of Trust granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner, the liability r ! of the original Borrower and Borrower's successors in interest. Lender shall not be required to commence proceedings against such successor or refuseto extend time for payment or otherwise modify amortization of the sums secured by this Deed of Trust by reason of any demands made by the original Borrower and Borrower's successors in interest. (b) Letndseal Powers. Without affecting the liability of any other person liable for the payment of any obligation herein j mentioned, and without affecting the lien or charge of.this Deed of Trust upon any portion of the Property notthen or theretofore released as security for the full amountof all unpaid obligations, Lender may, from time to time and without notice (i) release any i person so liable, (ii)extend the maturity or Alter any of the terms of any such obligations, (iii) grant other indulgences, (iv) release or reconvey, or cause t0 b8 released or reconveyed at any time at Lender's option any parcel, portion or all of the Property, (v) take or release any other or additional security for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors In relation thereto. (c) Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or j otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. The procurement of insurance or the payment of taxes or other liens or charges by Lender shall not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this Deed of Trust. (d) Successors and Assigns Bound; Joint and Several Liability; Captions. The covenants and agreements herein con- ; tained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Trustor. All covenants and agreements of Trustor shall be joint and several. The captions and headings of the paragraphs of this Deed of Trust are for convenience only and are not to be used to interpret or define the provisions hereof. (e) Request for Notices. The parties hereby request that a copy of any notice of default hereunder ar. d a copy of any notice of sate hereunder be mailed to each party to this Deed of Trust at the address set forth above in the manner prescribed by applicable law, Except for any other notice required under applicable law to be given in another manner, any notice provided for in this Deed of Trust shall be given by mailing such notice by certified mail addressed to the other parties, at the address set forth above. Any notice provided for in this Deed of Trust shall be effective upon mailing in the manner designated herein, If Truster is more than one person, notice sent to the address set forth above shall be notice to all such persons. i (f) Inspection. Lender may make or cause to be made reasonable entres upon and inspections of the Property. provided that Lender shall give Trustor notice prior to any such inspection specifying reasonable cause therefor related to Lender's -- interest in the Property. (g) Reeonveyanee. Upon payment of all sums secured by this Deed of trust, Lender shall request Trustee to reconvey the Property and shall surrender this Deed of Trust and all notes evidencing indebtedness secured by this Deed of Trust to Trustee. Trustee shall reconvey the Property without warranty and without charge to the person or persons legally entitled thereto. Trustor shall pay all costs of recordation, if any. (h) Personal Property; Security Agreement. As additional security for the payment of the Note, Trustor hereby grants Lender under the Nebraska Uniform Commercial Code a security interest in all fixtures, equipment, and other personal property used inconnection with the real estate or improvements located thereon, and not otherwise declared or-deemed to Ire a part of the real estate secured hereby. This instrument shall be construed as a Security Agreement under said Code, and the Lender shall have all the rights and remedies of a secured party under said Code in addition to the rights and remedies created under and accorded the Lender pursuant to this Deed of Trust, provided that Lender's rights and remedies under this paragraph shall be cumulative with, and in no way a limitation on, Lender's rights and remedies under any other security agreement signed by Borrower or Trustor. W Liens and Encumbrance*. Trustor hereby warrants and represents that there is no default ufider the oravisions of any mortgage, deed of trust: loaga or purrhasg contract describing all or any part of the Property, or other contract, instrument or agreement constituting a lien or encumbrance against all or any pail of the property (Collectively, °Liens'•), existing as, of the date of this Deed of Trust, and that any and all existing Liens remain unmodified except as disclosed to Lender in Trustor's written disclosure of lien$ and encumbrances provided for herein. Trustor shall timely perform all of Trustor s obligations, covenants, representations and warranties under any and all existing and future Liens, shall promptly forward to Lender copies of all notices of default sent in connection with any and all existing or future Liens, and shall not without Lender s prior written consent in any manner modify the provisions of or allow any future advances under any existing or future Liens (j) Applicston of Payments. Unless otherwise.required bylaw, sums paid to Lender hereunder, Including without limilabon payment$ of principal and interest_ insurance proceed9. condemnation proCt -eds and tr;nf4 arid pr@fil5; _shalt be :it%P110 by Lender to the amounts duly and owing from Trustor and Borrower in such order as Lender in its soli disc retion deems desirable. (k) Savetability, it any provision of this Deod of Trust conflicts with applicable Ia ry or is de61$arud invalid or Otherwise unenforceable. such cantlict.or invalidity shall n.ot aftect the other proyisorns bf this.lieed, of Trust w. trip Note ,Vhii:f, t•ar? ►?t• g.ven effect withuutthe conflicting provision, and to thi5Ind the pror,sion9 otthis be of Trust and flit Note are dedarect to Le severable L r , t� r r , t�