|
99 � 0`7 '758
<br /> 18. ASSIGNMENT; SUCCESSORS AND ASSIGNS BOUND; JOINT AND
<br /> SEVERAL LIABILITY; CAPTIONS. Lender may assign its rights and obligations hereunder
<br /> by notice to Borrower. Borrower may not assign its rights or obligations hereunder, whether by
<br /> contract or operation of law, without the prior written consent of Lender, which may be withheld
<br /> in Lender's sole discretion. The covenants and agreements herein contained shall bind, and the
<br /> rights hereunder shall inure to, the respective successors and permitted assigns of Lender and
<br /> Borrower. All covenants and agreements of Borrower shall be joint and several. The captions
<br /> and headings of the paragraphs of this Deed of Trust are for convenience only and are not to be
<br /> used to interpret or define the provisions hereof.
<br /> 19. NOTICE. Except for any notice required under applicable law to be given in
<br /> another manner, (i) any notice to Borrower provided for in this Deed of Trust shall be in writing
<br /> to be effective and given by mailing such notice by first class U.S. mail, postage prepaid, to
<br /> Borrower at 6840 Forest Lake Boulevard, Lincoln,Nebraska 68516-1500 or at such other address
<br /> as Borrower may designate by notice to Lender as provided herein, and (ii) any such notice to
<br /> Lender shall be in writing to be effective and given by mailing such notice by first class U.S.
<br /> mail, postage prepaid, to Lender c/o Commercial and Income Property Loan Servicing, P. O. Box
<br /> 83009, Lincoln, Nebraska 68501-3009, or to such other address as Lender may designate by
<br /> notice to Borrower as provided herein. Any such notice shall be effective upon deposit with U.S.
<br /> mail. Any notice provided for in this Deed of Trust shall be deemed to have been given to
<br /> Borrower or Lender only when given in the manner designated herein.
<br /> 20. UNIFORM DEED OF TRUST; GOVERNING LAW; SEVERABILITY. This
<br /> form of Deed of Trust combines uniform covenants for national use and non-uniform covenants
<br /> with limited variations by jurisdiction to constitute a uniform security instrument covering real
<br /> property. In the event that any provision or clause of this Deed of Trust or the Note or any other
<br /> Loan Document conflicts with applicable law, such conflict shall not affect the other provisions
<br /> of this Deed of Trust or the Note or any other Loan Document which can be given effect without
<br /> the conflicting provision, and to this end the provisions of the Deed of Trust and the Note and the
<br /> Loan Documents are declared to be severable. This Deed of Trust cannot be waived, changed,
<br /> discharged or terminated orally, but only by an instrument in writing signed by the party against
<br /> whom enforcement of any waiver, change, discharge or termination is sought. This Deed of
<br /> Trust shall be governed by and construed in accordance with the Laws of the State in which the
<br /> Property is located, except to the extent that Federal laws or the rules and regulations of the
<br /> Office of Thrift Supervision, or its successor, preempt the laws of the State in which the Property
<br /> is located, in which case Lender shall be entitled to such Federal rights and remedies without
<br /> regard to conflicting limitation imposed by State law.
<br /> 21. BORROWER'S COPY. Borrower acknowledges receipt of a conformed and
<br /> completed copy of the Note and of this Deed of Trust at the time of execution or after recordation
<br /> hereof.
<br /> 22. TRANSFER OF THE PROPERTY; ASSUMPTION. If the Borrower or any
<br /> successor in interest to Borrower or the Property described in this Deed of Trust should, without
<br /> the prior written consent of the Lender, assign the Note or sell, convey, transfer, or alienate the
<br /> Property, or any part thereof, or any interest therein, or be divested of its title or any interest
<br /> therein in any manner, whether voluntary or involuntary, by contractual arrangement or operation
<br /> of law, or if the Borrower or any successor in interest to Borrower or the Property is a
<br /> corporation, partnership, limited liability company, or joint venture, and more than fifty percent
<br /> (50%) of the equity ownership of such corporation, partnership, limited liability company, or
<br /> joint venture is, without the prior written consent of Lender, sold, conveyed, transferred or
<br /> alienated, either voluntarily or involuntarily, by contractual arrangement or operation of law, then
<br /> the Lender shall have the right at its sole option to declare any and all indebtedness due
<br /> hereunder, or any other obligation secured by this Deed of Trust, immediately due and payable.
<br /> Not less than thirty (30) days prior to any such sale or other transfer, Borrower shall
<br /> notify Lender in writing of the proposed sale or transfer and shall provide Lender with such
<br /> information concerning the terms and conditions of the sale or transfer and the creditworthiness
<br /> 9
<br />
|