90105685 - Laserfiche WebLink

Browse

90-- 1056651 16. MNceManeaw rrovkiofe. (a) Rw owsr Not Ralwiled, Extenston of the time for payment or modificrsgon 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 of the original Borrower and Borrower's successors In Interest Lender shall not be required to commence proceedings against t such successor or refuse to extend Ome for payment or otherwisee modify amortization of the sumo secured by this Dead of Trust by reason of any demands made by the original Borrower and Borrower's successor In interest. (b) 1a dit Is Powefs. Without affecting the liability of any other person liable for the payment of any obligation herein mentioned. and without affecting the Ilert or charge of this Deed of Trust upon any portion of the Properly not then or theretofore released as security for the full amount of all unpaid obligations. Lender may, from time to time and without notice (1) release any person so liable, (ti) extend the maturity or miter any of the terms of any such obligations, (iii) grant other Indulgences, (iv) release or reconwy, or cause to be retassed or reconvoyed 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 deblors in relation thereto (c) Farbearsnce by Lender Not a WWvw. Any forbearance by Lender in exercising any right or remedy hereunder, or 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 hens or charges by Lender shalt not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this Deed of Trust (d) Successor and Asslgm found; Joint and Illism al LIsblWyt Caplieone. The covenants and agreements herein con- + tamed shalt bind, and the rights hereunder shall inuru to, the respective successors and assigns of Lender and Trustor. All covenants and agreements of Trustor shell be joint and several. The captions and headings of the paragraphs of this Deed of True! 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 and a copy of any notice of sale hereunder be mailed to each party to this Deed of Trust at the address set forth above in the manner prescribed by 1 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 mall addressed to the other parties, at the address am forth above. Any notice provided for in this Deed of Trust shalt be effective upon mailing in the manner designated herein. If Trustor Is more then one person, notice sent to the address set forth above shall be notice to all such persons. (f) Irapeafta. Lender may make or cause to be made reasonable entries 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 i interest In the Property. (g) 4tatonveyence. Upon payment of all sums secured by this Deed of Trust, Landes shall request Trustee to reconvey the Property and shell 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 i (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 in connection with the real estate or improvements located thereon, and not otherwise declared or deemed to be a part of the real estate secured hereby. This instrument shall be construed as a Security Agreement under said Code, and the tender shall have all the rights and remedies of a secured party under said Code in addition to the rights and remedies created under i 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. ,.., i (1) Llengamd Enwwepa'�.�ru-x_;�pr _ha jeby warrants and represents that there is no default under the provisions of any mortgage, deed of hull; 1pose of pLWVA A contract describing all or any part of the Property. or other contract. Instrument or ►= i agreement cpnstiluting a lion .6f encurnbrance against all or any pan of the Property (collectively, "Liens "), existing as of the date of this Deed bf TrusL Awd that any and all existing Liens remain unmodified except as disclosed to Lender in Trustor's : written disclosure of hens and encumbrances provided for herein Trustor shall timely perform all of Trustor's obligations, covenants, representations and warranties under any and all exisiting 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 modUy the provisions of or allow any future advances under any existing or future Liens I 0) Appikatlon of Payments. Unless otherwise required by taw, sums paid to Lender hereunder, including without limitation payments of principal and interest, insurance proceeds, condemnation proceeds and rents and profits, shall be applied by Lender to the amounts due and owing from Trustor and Borrower in such order as Lander in its sole discretion deems desirable. (k) S~abillty. N any provision of this Deed of Trust conflicts with applicable law or is declared invalid or otherwise �= unenforceable. such conflict or invalidity shall not affect the other provisoes of this Deed of Trust or the Note which can be given effect without the conflicting provision. and to this end the provisions of this Deed of Trust and the Note are declared to be f { severable. + (1) Tense. The terms "Trustor' and "Borrower" shall include both singular and plural. and when the Trustor and Borrower are the same pers in(s). those terms as used in this Deed of Trust shall be interchangeable (m) GovernYlg Law. This Deed of Trust shall be governed by the laws of the State of Nebraska TruaWr has executed this Dead of Trust as of the date written abaiwie U n@ . `J f Trus -- -- True r Betty tre1L```�T u,q 4 - - - - -- �t n 7etrft•es TTTUSt:'or A L i Nall— ,