99110402 - Laserfiche WebLink

Browse

. 99 110402 herea(ter 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 conferred upon or reserved to Trustee oc Beneficiary is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be i�addition to every other remedy given hereunder or now o� hereafter existing at law or in equity or by statute. Every power or remedy given by any of the loan Instruments to T�ustee or Beneficiary or to which either of them may be Otherwise entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Trustee or Beneficiary and either of them may pursue inconsistent remedies. Nathing herein shall be construed as prohibiting Beneficiary from seeking a deficiency judgment agai�st the Trustor to the extent such action is permitted by law. 13. Requesf ForNotice. Trustor and all other parties set forth herein hereby requests a copy of any Notice of Default and a copy of any Notice of Sale hereunder be mailed to them at the address set farth i� the first paragraph of this Second Deec of Trust. 14. Governing Law. This Second Deed of Trust shall be governed by and construed in accordance with the laws of the State of Nebraska. In the event that any provision or clause of a�y of the Loan Instruments conflicts with applicable laws, suct conflict shall not affect other provisions of such Loan Instruments which can be given effect without the conflicting provision, anc to this end the provisions of the Loan Instruments a�e declared to be severable. This instrument cannot be waived, changed, discharged or termiFlated orally, but only by an instrument in writing signed by the party against whom enforcement of any waiver, change, discharge or termination is sought. 15. Reconveyance by Tiustee. Upon written request af Beneficiary stating that all sums secured hereby have beer paid and upon surrender of this Second Deed of Trust and any note to Trustee for cancellation and retention and upon payment b� Trustor of Trustee's fees,Trustee shall reconvey to Trustor, or the perso�or persons legally entitled thereto, without warranty, an� portion of the Trust Estate then held hereunder. The recitals in such reconveyance of any matters or facts shall be conclusive proo of the truthfulness thereof. The grantee in any reconveyance may be described as "the person or persons Iegally entitfed thereto.' 16. Nodces. Whenever Beneficiary, Trustor or Trustee shall desire to give or serve any notice, demand, request o other communication with respect to this Second Deed of Trust, each such notice, demand, request or other communication shai be in writing and shall be effeciive only if the same is delivered by personal service or mailed by certified mail, postage prepaid return receipt requested, addressed to the address set forth at the beginning of this Second Deed of Trust. Any party may at am. time change its address for such notices by delivering or maili�g to the other parties hereto, as aforesaid, a notice of such change 17. Acceptance by Trusiee. Trustee accepts this Trust when this Second Deed of Trust, duly executed anc acknowledged, is made a public record as provided by law. HBA-9