90107111 - Laserfiche WebLink

Browse

`t` 3 .i •y. 90-- 107111 10. R MWES NOT EXCLUSIVE. Trusts* and Beneficiary, and each of them, shall tie entitled to enforce payment and performance of any Indebledneeeor obllgalions secured hereby and to *aercise all lights and powers under this Trust Deedor under any other agreement executed in connection herewith or any laws now or hereafter in force, notwithstanding sort* or all of the such indebtedness and obligations secured hereby may now or hereafter bis otherwise secured, whether by mortgage, trust deed, pledge, lien, assignment or otherwise. Neither the acceptance of this Trust Deed nor Its enforcement wh other by court action or pursuant laths power of select other powers herein conlained. shall prejudice or In any manner affect Trustee's or Beneficiary's right to reslizs upon or enforce any other security nowor hereafter held by Trusleeor Beneficiary, ilbeing agreed that Trustee and Beneficiary, andesch olthem, shallbe entitled to enforce this Trust Do" and any other security now or hereafter held by Beneficiary or Trustee in such order and manner as they or either of them may In their absolute discretion determine. No remedy herein conferredupon or reserved to Trustee or Beneficiary is intendedlo be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulatty* and shall be in addition to every other remedy given hereunder or now, or hereafter existing at law or In equily or by statute. Every pliwor of remedy provided under this Trust Deed to Trustee or Beneliciary or to which either of them maybe otherwise entitled, may be exerclsedreAticwrenNyor independently, from time tc lime end s& often as may be deemed expedient by Trustee or Beneficiary and either of th*m may purVAe Inttbtteistenl remedies. Nothing herein shall be construed as prohiblling Beneficiary from seeking a deficiency judgment against the Trusloi to Ihi'exl*nt such action is permitted by law. 11. TRANSFER OF THE frI10PERTY; ASSUMPTION. 11 all or any part of the Property or interest therein is sold. transferred or otherwise conveyed by Trustor without Beneficiary's prior written consent, excluding jai the creation of a lien or encumbrance subordinate to this trust Dead, (b) stransf*rby operatign ollaw upon the death of a Truslor who is &joint tenant or Ic)the grant of any lessehold interest of three 131 yearsor less which does not contain on option to purchase, such action is a breach of this agreement. and Beneficiary may, at Beneficiary's option. declare all the sums secured by this Trust Deed to be immediately due and payable, provided, further, this Trust Deed may, al Beneficiary's option, be declared immediately due and payable, if 11) Trustor is a partnership and any interest in The partnership Is sold or assigned by any means whatsoever, or (2) it the Trustor is a corporation and a transfer of the majority stock ownership interest In the corporation occurs, or the Truslor corporation merges in any form with another corporation or entity. Beneficiary shall have waived such option to accelerate it• prior to the sale. transfer or conveyance. Beneficiary andthe person to whom the Properly is to be sold or transferred reach agreement in writing that the credit of such person is satisfactory to Beneflcrary ardthal the Interest payable on the sums secured by this Trust Deed shall be at such rate as Beneficiary shall request. 12. ACCELERATION UPON DEFAULT; REMEDIES; SALE. The failure by theTruster,ro make any payment or to perform any of the forms and conditions oflhis Trust Deed, or the terms and conditions of the Note. of any renewals. mew1cations or extensions thereof, or the failure to make payment of any other indebtedness, pricier subsequ ant tothis Trust Deed. and secured bythis property, ?!• thedealh of one or more Trustors shall be a breach and default of this Trust Deed and the Beneficiary may declare a default and may declare all s umS secured hereby immediately due and payable and the same shall thereupon becomedue and paysblewithoarpTesentment, demand, protest or notice of any kind, provided, Truslor shall have any statutory right to cure the default before any notice of default and demand for sale may be delivered to the Trustee. Thereafter. Beneficiary may deliver to Trustee a written declaration of default and demand for sale. Trustor agrees and hereby grants that the Trustee shall havethe power of Sale of the Property and of beneficiary decides ire Frvpurdp is robe sold itshall depositwith Trusteethis Trust Deed and the Note or notes and any other documents evidencing expenditures secured hereby. and shall deliver to Trustee a written notice of default and election to cause the proporlyto be sold, andTrustee, inturn, shall prepare a similar police m the form required by iasi, which shall be duly filed for record by Trustee. jai After the lapse of such time as may be requered by law following the recortla^.,cr o,, Wot.ce of Detaull. and Notice of Delaull and Notice of Sale having been given as required by iaw. Trustee, without demand on Trustor. shell sell eta property, it pct redeemed, in one or more parcels and in such order as Trustee may determine on the date and the lime and place designated in said Notice of Sale. At public auction according to law. (b) When Trustee sells pursuanttothepowersherein. Trusteeshallapplytbmproceedsofthesaletopaymentofthecostsandexpenses of exercising the power of sale and of the sale, including. without limitation, attorney's fees and the payment of Trustee's Fees incurred, which Trustee's Fees shall not in the aggregate exceed the following amounts based upon the amou ^r secured hereby and remaining unpaid at the lime scheduled for sale: 5 percentum on the balance 11hereoh and then to the items In subparagraph let in the order there stated. (c) After paying the Items specified in subparagraph lb). it the sale is by Trustee. or if the sale is pursuant to judicial foreclosure. l^Ie proceeds of sale shall to applied in the following order (t I Cost of any ev:denns of tills procured in connection with such sale and of any revenue transfer fee required to be paid: (2) Ait obligations secured by this Trust Deed; 134 Junier trust deeds. mortgages. or other Irenholders. 14! T he remainder• if any, to the person legally entitled theretc 13- APPOINTMENT OF SUCCESSOR TRUSTEE. Beneficiary may, from time to limo, by a written Instrument executed and acknowledged by Beneficiary, mailed to Trustor and recorded in the county or counties In which the Property is located and by otherwise complying with the provisions of the applicable laws of the State of Nebraska substitute a successoro r successors to the Trustee named herein or acting hereunder 14. INSPECTIONS. Beneficiary, or Its agents. representatives or employees, are authorized to enter at any reasonable time upon cr in any part of the Properly for the purpose of inspecting the same and for the purpose of performing any of the acts a is authorized to perform underthe terms of the Trust Dead. 15. OPTION TO FORECLOSURE. Upon the occurrence of any breach one uponI'M t: eclnral, onofdefault hereunder, Beneficiary shall have Ing option to foreclose this Trust Deed in the manner provided oy law for the lase closure of mortgages on real property. 18. FOREBIEARANCE BY BENEFICIARY CA TRUSTEE NOT A WAIVER. 4 ^y forebearance by Benhhc i ary or Trustee in exercising any remedy hereunder. of otherwise afforded byapoix ablelaw. shallnotbeawaw efof orprecludetheexe •reiseofanysuchrightorremeov Ll <ewise. the waiver by Beneficiary or Trustee of any default of Trustor under tri; ' •ust Deed shall not be deemed to be a waiver of any Otner O•' similar defaults subsequently occurring. 17 BENEFICIARY'S POWERS. Without affecting or releasing the haodity of the Trustor or any other person liable for the payment of ally obligation "rein mentioned, and without affecting the lien or charge of Iris Tfust Deed upon any port.cir of the Property. Beneficiary mail. ffom time tolfine a n*j without notice ai the renuesi Gt one or more Trustors.1.1 telease any person liable. iii' o -c-p -d or renew the maturity of ai te, any of nr cause t a ".v- 'eleased or reconveVed at a,7,i t;me all Beneficiary's option any parcel or all of the Property. ivy take or release any other or additional security for any obligation herein mentioned. !vs. make settlements or other arrangements with Trustor in relation thereto All Tru &tors small be jointly and severally obligated and bound by toe actions of the Beneficiary or any one or more Trustor as stated In this paragraph 18- ATTORNEY FEES, COSTS AND EXPENSES. The Beneficiary of this Trust Deed is entitled to the payment of attorney s fees. costs and expenses as provided in this Trust Deed. except as otherwise prohibited by law 19 RECONVEYANCE BY TRUSTEE. Upon written request of Beneficiary and upon payment by Trustor of Trustee s lees Trustee shall reconvey to T ruslor. or the person or persons legally entitled thereto. without warranty. any portion of the Property then held hereunder Recitalsin such feconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof The grantee in any reconveyance may be described as "the person or persons legally entilfed thereto tea•= Y,L• i� •rerun. _:. ILI- 1' �, 111 r „„ • f f