|
fi rr`S:r'•'
<br />` ,
<br />rF,(X -4. `'.r `r'�'`�F' ,�TN.HY.L�Oi%i,)'',I rtF .�:�:,'.: �� ✓•r:�" i , -• r� �j " ",f"(t?t!u+
<br />'
<br />F �1V,tR,"
<br />. (�.i, „
<br />f �: Y i'' -�i „w'v y�••r•MaN _ 5.`
<br />•T Ii'�'i
<br />La„
<br />' .. � `�rti�'3t•:.i•.Sr r •�
<br />•�mraw.�,_�j
<br />�ra+e�tevn•.:.. w"r"it"' .. - _ T
<br />_
<br />„�� ._..... -^. _
<br />p.
<br />,90-107053
<br />^G,,... i`I
<br />Properly Is s0 taken or damaged, Lender shall have the option, In Its sole and absolute discretion, to apply all such Proceeds,
<br />- - - - -- -
<br />'•'�"'' +'•7F,�!:' Y
<br />o
<br />'
<br />after deducting deducting therefrom all costs and expenses incurred by it in connection with such Proceeds, upon any indebtedness secured
<br />on
<br />Lender may determine, or to apply all such Proceeds, after such deductions, to the 19111101`811 of Me
<br />--
<br />+ � , - ;
<br />hereby and in such order as
<br />Property upon such conditions as Lender may determine. Any application of Proceeds to indebtedneu shall not extend or postpone
<br />the due date of any payments under the Note, or cure any default thereunder or hereunder. Any unapplled funds shall be paid to
<br />`• .... ` r `-, ,
<br />Trustor.
<br />8. Pitrtornwnce by Under. Upon the occurrence of an Event of Default hereunder, or If any act is taken or legal procwdIng
<br />••'......
<br />;. •
<br />commenced which materially affects Lender's interest In the Property, Lender may in Its own discretion, but without obligation to do
<br />Truster and without releasing Trustor spin any obligation, do any act which Trustor
<br />ton_. - -• --
<br />:Y
<br />sd, and without notice to or demand upon a
<br />agreed but falls to do and may also do any other act It deems necessary to protect the security hereof. Trustor shall, Immediately
<br />-u • -��
<br />-- t i
<br />upon demand therefor by Lender, pay to Lender all coats and expenses Incurred and sums expended by Lender In connection with
<br />together with Interest thereon at the default rate provided In the Note, which shall be
<br />=., +
<br />=�;
<br />the exercise by Lender of the foregoing rights,
<br />added to the indebtedness secured hereby. Lender shall not incur any liability because of anything it may do or omit to do
<br />y
<br />°
<br />g. Hazardous Materials. Truster sitall keep the Property In compliance with all applicable laws, ordinances and regulations
<br />referred to herein as "Envlonmental Laws) Truator shag
<br />-_
<br />_ -_
<br />t`" •
<br />relating to industrial hygiene or environmental protection (collectively
<br />keep the Property Ire ©from all substances deemed to be hazardous or toxic under any Environmental laws (collectively referred to
<br />,
<br />011. ' `
<br />herein as "Hazardous Ivtaterittle"). Trustor hereby warrants and represents to Lcrdcr that thorc are no Hazardous Materials on nr
<br />Trustor hereby agrees to indemnity and hold harmless Lender, i is directors, officers, employees and agents, and
<br />under the Property.
<br />any successors to Lender's interest item and against any and all claims, damages, losses and linbimies arising in connection with
<br />y1::•(,`,i
<br />r} X::•.
<br />the presence, use, disposal or transport of any Hazardous Materials on, under, from or about the Properly. THE FOREGOING
<br />TRUSTOR'S OBLIGATIONS PURSUANT TO THE FOREGOING INDEMNITY, SHALL
<br />t
<br />�.`, 1. ..
<br />WARRANTIES AND REPRESENTATIONS, AND
<br />� • "
<br />...( °'` ,, . ,• (
<br />SURVIVE RECONVEYANCE OF THIS DEED OF TRUST.
<br />10. Assignment of Rents. Trustor hareby assigns to Lender the rents. Issues and profits of the Property; provided that Trustor
<br />have the right to collect and retain such rents. Issues and profits as they
<br />—
<br />' , i` '•
<br />shall, until the occurrence of an Event of Default hereunder,
<br />of an Event of Default, Lender may either in Corson or by agent, with or without
<br />--
<br />r {j�(
<br />payable. Upon the occurrence
<br />become due and a p
<br />bringing any action or proceeding. or by a receiver appointed by a court and without regard ,c ,. e adequacy of Its securit;r, (rifer
<br />"
<br />upon and take possession of the Property, or any part thereot, in its ov,-r name or in the name of the Trustee, and do any acts wnicn it
<br />deems necessary or desirable to preserve the value, marketability r t of the Property. interest
<br />the
<br />orlty
<br />ti i ssession of Property, suehforr or
<br />increase the income therefrom or protect the security hereof and, with or without taking
<br />those due and unpaid, and apply the same, less costs ano
<br />1, _
<br />°
<br />otherwise collect the rents, issues and profits thereof. including past
<br />expenses of operation and collection including attorneys' fees, upon any indebtedness secured hereby, all in such order as Louder
<br />may determine. The entering upon. and taking possession of the Property, the collection of such rents, issues and profits and the
<br />default or notice of default hereunder or invalidate any act done In
<br />'
<br />application thereof as aforesaid, 9nali not cure or waive any
<br />Tesponse to such default or pursuant to such notice of default and, notwilhatandingfhe continuance in possession of the Property or
<br />�;r r! t ••' • °-
<br />�.'.,,tr�
<br />— . -
<br />the collection, recuifit ahJ application of rents, issues or prollls, and Trlrstee and Lander shall be entitled to exercise every right
<br />Loan Instruments or by law upon occurrence of any Event of Default, including without limitation the right
<br />t•. : ;.5...;fru : ,
<br />provided for in any of the
<br />to exorcise the power of sale. Further. Lender's rights and remedies under this paragraph shall be cumulative with, and in noway a
<br />Trustee
<br />(, "" t y 7" ti; 4 �---
<br />limitation on, Lender's rights and remedies under any assignment of leases and rents recorded against the Property. Lender,
<br />: •'
<br />"
<br />and the receiver shall be liable to account only for those rents actually received.
<br />11. Events of Default. The following shall constitute an Event of Default under this Deed of Trust
<br />installment of or interest of any other sum secured hereby when due:
<br />°
<br />'
<br />an principal
<br />(a) Failure to pay y P
<br />(b) A breach of or default under any provision contained in the Note, this Deed of groat, any of the Loan Instruments, or any
<br />other Ilan or encumbrance upon the Property:
<br />(c) A writ of execution or attachment or any similar process shall be entered against Trustor which shall become a Ilan on
<br />'
<br />the Property or any portion thereof or interest therein:
<br />(d) There shall be filed by or against Trustor or Borrower an action under any present or future federal, state or other
<br />I
<br />statute, law or regulation relating to bankruptcy. insolvency or other relief for debtors: or there shall be appointed any trustee.
<br />Borrower or of all or any part of the Property. or the rents, issues or profits thereof. or Trustor
<br />receiver or liquidator of Trustor or
<br />or Borrower shall make any general assignment for the benefit of creditors;
<br />or further encumbrance of all or any part of or any Interest In the
<br />t '
<br />r•- --
<br />(e) The sale, transfer, lease, assignment. conveyance
<br />Property, either voluntarily or involuntarily, without the express wrihen consent of Lender; provided that Trustor shall be
<br />permitted to execute a lease of the Property that does not contain an option to purchase and the term of which does not exceed
<br />(.
<br />i
<br />one year:
<br />od .
<br />(f) Abandonment of the Property: or
<br />If Trustor is not an individual, the Issuance, sale. transfer, assignment. conveyance or encumbrance of more than a total
<br />( ,
<br />of percent of (i1 a corporation) its issued and outstanding stock or (if a partnership) a total of percent of
<br />partnership Interests during the period this Deed of Trust remains a hen On the Properp�.
<br />12. Remedies: Ac Upon Default. In the event of any Event of Default Lender may, without notice except as required by
<br />law, declare all indebtedness secured hereby to be due and payable and the same shall thereupon become due and payable
<br />.
<br />y,
<br />without any presentment demand, protest or notice of any kind. Thereafter Lender may:
<br />(a) Demand that Trustee exercise the POWER OF SALE granted herein. and Trustee shall thereafter cause Truator's
<br />interest in the Property to be sold and the proceeds to be distributed. all in the manner provided In the Nebraska Trust Deeds
<br />Act;
<br />(b) Exercise any and au r.g ,)ts provided for in any of the Loan Instruments or by la* upon occurrence of any Event of
<br />Delauit and
<br />(c) Commence an action to foreclose this Deed of Trust as a mortgage. appoir ^. a receiver, or specifically enforce any Gf : ^e
<br />;,. +•,r:' _
<br />covenants hereof.
<br />No remedy herein conferred upor, or reserved to Trustee or Ler.ae s intended to be exct slue of any other remedy hereiF, m me
<br />;
<br />Loan Instruments or by law provided er permitted, but each s' ^al• be cumulative. shall be it audition to every other remeov given
<br />hereafter existing at taw or in equity or by statute. and may be exercised concurrently,
<br />1 "
<br />hereunder, In the Loan Instruments or now or
<br />;•
<br />Independently or successively.
<br />13. Tfustee- 'rho "rustee may resign at anu t —e without cause, and Lender may at any time and without cause appoint a
<br />+
<br />;,;
<br />•' � .{ ;.'•• :
<br />successor or srbs';aute Trustee- Trustee shah cot 1-e vole to ar+ tarty. including without limitation Lender Elorrowar, Trustor or any
<br />dje 1: 'P -•less or wilifui miscond�Lr and shall not be required to take any
<br /><', ►'
<br />_ ,'_':' •, _
<br />purchaser of the Property, for any t•;ss or damage unless
<br />ar+:nn ,� rnenwr_ttnn with the enforcement of this Deed c' .,nless indemnified in 4r,hng, for all costs. compensation or
<br />_
<br />�'
<br />expenses wnich may be associated therewith In addition % :a'se ^lay become a purcnaser at any sate of the rrutmri► v- CtGlal ar
<br />the au or any portion of the Property, as provided by law: or sell the
<br />under 1 -e power of sale granted herein). postpone sale or
<br />Property as a wla•e ,r 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 apply
<br />any sa'•e proceeds first to payment of all costs and expenses coil iexercising power of sale, including all Trustee's fees. and Lender's
<br />and 'r, attorney's fees, actually incurred to extent permitted by applicable law In thee r�n1 Borrower or Trustor exercises any
<br />Default. Lender shad be enfitlod to recover from stator all costs and expenses actually
<br />•r,i
<br />t. •
<br />rig1V p,,w4ed by law to cure an Event of
<br />Incurred as a result of Truator's default, including without )irritation all Trustee's and attorneys lees, to the extent permitted by
<br />i
<br />� i
<br />,.; .
<br />applicable law
<br />15. Future Advances. Upon request of Borrower. Lender may, at its option, make additional and future advances and re
<br />with interest thereon, shall be sec -.'ltd .'. ;r this Deed of Trust. At no time shall
<br />advances to Borrower. Such advances and readvances.
<br />the principal amount of the indebtedness secured by this Deed of Trust. not including sun•.s adv.an:ed to protect the p�curity of this
<br />;
<br />Deed of Trust, exceed the original principal amount stated her Ylin. or $ 250.000.00_ wnicreve• :1 greater.
<br />
|