90106965 - Laserfiche WebLink

Browse

...ft dolio"'i 0 0 90-106965 is. mNowwooue Provisions. (a) Oe froteer Not Released. 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 totem. in any manner, the liability y} ' of the original Borrower and Borrower's successors in interest Lender shell not be required to commence proceedings against It : such successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Deed of Trust rr; by reason of any demands made by the original Borrower and Borrower's successors In Interest. (b) Lenders Power• Without affecting the liability of any other person liable to of tpayment e Properly not th nliorther theretofore mentioned, and without affecting the lion or charge of this Deed of Trust upon any portion released as security for the lull amount of all unpaid obligations. Lender may. from time to time and he� indulgences. notice (I) to IvMjarelease person so llaule, (ii) extend the msturiry or alter any of the terms of an such obligations. (Ile grant r..,,. . or reconvey, or cause to be classed or reconveyed at any time t Lender's option any parcel, portion or all si the Property, other ,•.• (v) take or release any other or additional security for Any obligation fWrein mentlonad, or (v1) make compositions or other -rA arrangements with debtors In relation thereto. (c) Forbears by Lender Mal a Wahrar. Any forbearance by Lender in exercising any right or remedy hereunder, or _ otherwise afforded by applicable law, shall not be a waiver o1 or preclude the exercise of any such right or remedy. The procurement of insurance or the payawnt oft ares or other lens or charges b► Lender Shall not be a waiver of Lender's right to 1„s accelerate the maturity of the Indebtedness seaGred by this Deed of T?ws�� (d) gacceaors and Apigns Bound; Joint and Sailval LbMIIty; Captions• The covenant a nd agreements herein con - r.t yined shell bind, and the rights hereunder shell Inure to, the ►espeotive successors and assigns �a`1 Lender and Trustor. All (t ,'; covenants And agreements of Trustor shell be joint and severer. The captions and headings of the paragraphs of this Deed of 4 h Trust are for convenience only and are not to be used to interpret or define the provtaians hereof. ;V;• ` .° (e) Rpuep yen Notice. The parties hereby request that a copy of any notice of default hereunder and a copy of any notice of sale hereunder be malted to each parry to this Deed of Trust at the address set forth above In If•e manner prescribed y { , a icable few. Except for any other notice required under applicable law to be given In another manner, any notice provided Ail for ire this Deed of Trust shall be given by mailing such notice by certified h,a11 addressed to the other parties, at he address set forth above. Any notice provided for in this Deed of Trust shall be effective upon mailing In the manner er stgnateoi herein. If += Trustor is more then one person. notice sent to the address set forth above shall be notice to all such persons. v.e:; l,;" (f) Inspection. 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 ressonable cause therefar related to Lender's interest in the Property. ia) Reconveyance. Upon payment t of all sums secured by this Deed of Trust Lender shall request Trustee onvey the Property and shall surrender this Deed of Trust and all notes evidencing indebtedness secured by his Deed of Trust t to Trustee. Trustee shell reconvey the Property without warranty and without charge to the person or persons legally entitled thereto. Trustor shell pay all costs of recordation, if any. — - t As additional security for the payment of the Note, Trustor hereby grants (h) Personal Property; tkscurtty Agrewftn Lender under the Nebraska Uniform Commercial Code a security interest In all fixtures, equipment, ad other personal properly �•t:.: t used in connection with the real estate or improvements located thereon, and not otherw'•se declared or deemed to be a earl of the real estate secured hereby. This instrument shall be corslrued as a Security Agreement under said Code, and tea Lender e shall have all the rights and remedies of a secured party under said Code in addition to the rights and remedies catad under be Cumulative with, and no way ta to this limitation on, Lender's rights and remedies under any other security agreeement signed by Borrower or Trustor. (f) Liens and Encumbrances. Trustor hereby we default under the provis rrants and represents that there is no e ions of any ;. mortgage, deed of trust lease or purchase contract describing all or any part of the Property, or other contract Instrument or agreement constituting a Ilan or encumbrance agaln3t all or any part of the Property (collectively, "Lions"). existing as of the >t% date of this Deed of Trust end that any and all existing Liens remain unmodified except as disclosed to Lender In Truator's written this Deeds of liens 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, shell promptly forward to Lender copies tiFr of all notices of default sent in connection with any and all existing or future Liana. and shall not without lender's prior written •' F s,`;.1. consent In any manner modify ;he provisions of or allow any future advances under any existing or future Liens. 4►} U) Application of Payments. Unless otherwise required by law. sums paid to Lender hereunder, including without limitation '' {ru payments of principal and interest, insurance proceeds, condemnation proceeds and rents and profits, shall lxo applied by Lender to the amounts due and owing from Trustor and Borrower in such order as Lender in its sole discretion deems desirable. (k) Severablllty. If any provision of tn:s Deed of Trust conflicts whh applicable law or is declared invalid or otherwise ; - unenforceable, such conflict or invalidity s,jall not affect the other provisons of this Deed of Trust or the Note which can be s•4iE.f<y . given effect without the conflicting provision, and to this end the provisions of this Deed of Trust and the Note are declared to be :r severable. I� �'M= ° ' (1) Terms. Th "if e terms "Trustor" and "Borrower" shall Include both singular and plural, and when the Trustor and Borrower 'Sk .... are he same person(s), those terms as used in this Deed of Trust shall be interchangeable. (m) Gtoverning Law. This Deed of Trust shell be governed by the ewe of the Stet f Nebraska. Trustor has executed this Deed of gust as of the date written above. Trustor l'' � • • Trustor i 17 T l 1, •fl 11kl — �ib•wda :``. 1 � - — ' .ve 1