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2000 76 <br />13. FORBEARANCE BY LENDER NOT A WAIVER. Any forbearance by <br />Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable law, <br />shall not be a waiver of or preclude the exercise of any other right or remedy. The acceptance by <br />Lender of payment of any sum secured by this Instrument after the due date of such payment <br />shall not be a waiver of Lender's right to either require prompt payment when due of all other <br />sums so secured or to declare a default for failure to make prompt payment. The procurement of <br />insurance or the payment of taxes or other liens or charges by Lender shall not be a waiver of <br />Lender's right to accelerate the maturity of the Indebtedness secured by this Instrument, nor shall <br />Lender's receipt of any awards, proceeds or damages under Sections 5 and 11 hereof operate to <br />cure or waive Borrower's default in payment of sums secured by this Instrument. <br />14. UNIFORM COMMERCIAL CODE SECURITY AGREEMENT. This <br />Instrument is intended to be a security agreement pursuant to the Uniform Commercial Code as <br />enacted in the State of Nebraska for any of the items specified above as part of the Property <br />which, under applicable law, may be subject to a security interest pursuant to the Uniform <br />Commercial Code, and Borrower hereby grants and conveys to Lender a first and prior security <br />interest in all of the Property that constitutes personalty ( "Collateral ", for purposes of this <br />Section 14), whether now owned or hereafter acquired. Borrower agrees that Lender may file <br />this Instrument, or a reproduction thereof, in the real estate records or other appropriate index, as <br />a financing statement for any of the items specified above as part of the Collateral. Any <br />reproduction of this Instrument or of any other security agreement or financing statement shall be <br />sufficient as a financing statement. In addition, Borrower shall execute and deliver to Lender, <br />upon Lender's request, any financing statements, as well as extensions, renewals and <br />amendments thereof, and reproductions of this Instrument in such form as Lender may require to <br />perfect a security interest with respect to the foregoing items. Borrower shall pay all costs of <br />filing such financing statements and any extensions, renewals, amendments and releases thereof, <br />and shall pay all costs and expenses of any record searches for financing statements Lender may <br />require. <br />Borrower expressly warrants and covenants: <br />(a) Except for the security interest granted hereby, Borrower is the owner of <br />the Collateral free from any lien, security interest or encumbrance. <br />Borrower understands that any further encumbrance of the Collateral is <br />prohibited. Borrower shall defend the Collateral against all claims and <br />demands of all persons at any time claiming the same or any interest <br />therein. <br />(b) The Collateral is used or bought primarily for use in the business of <br />Borrower and not for consumer purposes. <br />(c) Borrower's business address is as stated above. The Collateral is located <br />at or on or is used or owned for or in connection with the Premises and <br />other Property. <br />(d) Borrower shall promptly notify Lender of any change in the location of the <br />Collateral or any change in Borrower's principal place of business. <br />11 <br />01- 288814.04 <br />Grand Island, NE <br />