|
t00007843
<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 herein conferred upon or reserved to Trustee or Lender is intended to be exclusive of any other remedy herein, in the Loan
<br />Instruments or by law provided or permitted, but each shall be cumulative, shall be in addition to every other remedy given hereunder,
<br />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. Trustee. The Trustee may resign at any time without cause, and Lender may at any time and without cause appoint a
<br />�• successor or substitute Trustee. Trustee shall not be liable to any party, including without limitation Lender, Borrower, Trustor or any
<br />purchaser of the Property, for any loss or damage 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 expenses
<br />which may be associated therewith. In addition, Trustee may become a purchaser at any sale of the Property (judicial or under the
<br />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
<br />whole, or in separate parcels or lots at Trustee's discretion.
<br />14. Fees and Expenses. In the event Trustee sells the Property by exercise of power of sale, Trustee shall be entitled to
<br />apply any sale proceeds first to payment of all costs and expenses of exercising power of sale., including all Trustee's fees, and
<br />Lender's and Trustee's attorney's fees, actually incurred to extent permitted by applicable law. In the event Borrower or Trustor
<br />exercises any right provided by law to cure an Event of Default, Lender shall be entitled to recover from Trustor all costs and expenses
<br />actually incurred as a result of Trustor's default, including without limitation all Trustee's and attorney's fees, to the extent permitted
<br />by applicable law.
<br />15. Future Advances. Upon request of Borrower, Lender may, at its option, make additional and future advances and
<br />readvances to Borrower. Such advances and readvances, with interest thereon, shall be secured by this Deed of Trust. At no time
<br />shall the principal amount of the indebtedness secured by this Deed of Trust, not including sums advanced to protect the security of
<br />this Deed of Trust, exceed the original principal amount stated herein, or $30,701.00, whichever is greater.
<br />16. Miscellaneous Provisions.
<br />(a) Borrower not released. Extension of the time for payment or modification of amortization of the sums secured by this
<br />Deed of Trust granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner, the
<br />liability of the original Borrower and Borrower's successors in interest. Lender shall not be required to commence
<br />proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums
<br />secured by this Deed of Trust by reason of any demands made by the original Borrower and Borrower's successors in interest.
<br />(b) Lender's Powers. Without affecting the liability of any other person liable for the payment of any obligation herein
<br />mentioned, and without affecting the lien or charge of this Deed of Trust upon any portion of the Property not then or
<br />theretofore released as security for the full amount of all unpaid obligations, Lender may, from time to time and without
<br />notice (i) release any person so liable, (ii) extend the maturity or alter any of the terms of any such obligations, (iii) grant
<br />other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at Lender's option any parcel,
<br />portion or all of the Property, (v) take or release any other or additional security for any obligation herein mentioned, or (vi)
<br />make compositions or other arrangements with debtors in relation thereto.
<br />(c) Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or
<br />otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. The
<br />procurement of insurance or the payment of taxes or other liens or charges by Lender shall not be a waiver of Lender's right
<br />to accelerate the maturity of the indebtedness secured by this Deed of Trust.
<br />(d) Successors and Assigns Bound; Joint and Several Liability; Captions. The covenants and agreements herein contained
<br />shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Trustor. All covenants
<br />and agreements of Trustor shall be joint and several. The captions and headings of the paragraphs of this Deed of Trust are
<br />for convenience only and are not to be used to interpret or define the provisions hereof.
<br />(e) Request for Notices. The parties hereby request that a copy of any notice of default hereunder and a copy of any notice of
<br />sale hereunder be mailed to each party to this Deed of Trust at the address set forth above in the manner prescribed by
<br />applicable law. Except for any other notice required under applicable law to be given in another manner, any notice provided
<br />for in this Deed of Trust shall be given by mailing by such notice by certified mail addressed to the other parties, at the
<br />address set forth above. Any notice provided for in this Deed of Trust shall be effective upon mailing in the manner
<br />designated herein. If Trustor is more than one person, notice sent to the address set forth above shall be notice to all such
<br />persons.
<br />(f) Inspection. Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided that
<br />Lender shall give Trustor notice prior to any such inspection specifying reasonable cause therefor related to Lender's interest
<br />in the Property.
<br />(g) Reconveyance. Upon payment of all sums secured by this Deed of Trust, Lender shall require a Trustee to reconvey the
<br />Property and shall surrender this Deed of Trust and all notes evidencing indebtedness secured by this Deed of Trust to
<br />Trustee. Trustee shall reconvey the Property without warranty and without charge to the person or persons legally entitled
<br />thereto. Trustor shall pay all costs of recordation, if any.
<br />(h) Personal Property; Security Agreement. As additional security for the payment of the Note, Trustor hereby grants
<br />Lender under the Nebraska Uniform Commercial Code a security interest in all fixtures, equipment, and other personal
<br />property used in connection with the real estate or improvements located thereon, and not otherwise declared or deemed to be
<br />a part of the real estate secured hereby. This instrument shall be construed as a Security Agreement under said Code, and the
<br />Lender shall have all the rights and remedies of a secured party under said Code in addition to the rights and remedies created
<br />under and accorded the Lender pursuant to this Deed of Trust; provided that Lender's rights and remedies under this
<br />paragraph shall be cumulative with, and in no way a limitation on, Lender's rights and remedies under any other security
<br />agreement signed by Borrower or Trustor.
<br />(i) Liens and Encumbrances. Trustor hereby warrants and represents that there is no default under the provisions of any
<br />mortgage, deed of trust, lease or purchase contract describing all or any part of the Property, or other contract, instrument or
<br />agreement constituting a lien or encumbrance against all or any part of the Property (collectively, "Liens "), existing as of the
<br />date of this Deed of Trust, and that any and all existing Liens remain unmodified except as disclosed to Lender in Trustor's
<br />written disclosure of liens and encumbrances provided for herein. Trustor shall timely perform all of Trustor's obligations,
<br />covenants, representations and warranties under any and all existing and future Liens, shall promptly forward to Lender
<br />copies of all notices of default sent in connection with any and all existing or future Liens, and shall not without Lender's
<br />prior written consent in any manner modify the provisions of or allow any future advances under any existing or future Liens.
<br />(j) Application of Payments. Unless otherwise required by law, sums paid to Lender hereunder, including without limitation
<br />
|