202103657 - Laserfiche WebLink

Browse

202103657 (b) Lender's Powers. Without affecting the liability of any other person liable for the payment of any obligation mentioned herein, and without affecting the lien or charge of this Deed of Trust upon any portion of the Property not then or theretofore released as a security for the full amount of all unpaid obligations, Lender may from time to time and without notice (i) release any person so liable; (ii) extend the maturity or alter any of the terms of any such obligations; (iii) grant other indulgences; (iv) release or reconvey, or cause to be released or reconveyed, 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 mentioned herein; or (vi) make compositions or other arrangements with debtors in relation thereto. (c) Forbearance by Lender Not a Waiver. 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 liens or charges by Lender shall not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this Deed of Trust. (d) Successors and Assigns Bound; Joint and Several Liability; Captions. The covenants and agreements contained herein shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Trustor. All covenants and agreements of Trustor shall be joint and several. The captions and headings of the paragraphs of this Deed of Trust 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 hereto at the address set forth above, in the manner prescribed by 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 Mail addressed to the other parties at the addresses set forth above. Any notice provided for in this Deed of Trust shall be effective upon mailing in the manner designated herein. If Trustor is more than one person, notice sent to the address set forth above shall be notice to all such persons. (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 reasonable cause therefor related to Lender's interest in the Property. (g) Reconveyance. Upon payment of all sums secured by this Deed of Trust, Lender shall request Trustee to reconvey the Property and shall 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. (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 Lender shall have all the rights and remedies of a secured party under said Code in addition to the rights and remedies created under and accorded to 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) Liens and Encumbrances. Trustor hereby warrants and represents that there is no default under the provisions of any mortgage, deed of trust, lease, or purchase contract describing all or any part of the Property, or any other contract, instrument, or agreement constituting a lien or encumbrance against all or any part of the Property, (collectively, "Liens") existing as of the date of this Deed of Trust; and that any and all existing Liens remain unmodified except as may be disclosed to Lender by Trustor in writing. Trustor shall timely perform all of Trustor's obligations, covenants, representations, and warranties under any and all existing and future Liens, and shall not, without Lender's prior written consent, in Page 5 of 6