Laserfiche WebLink
. 99 �10878 <br /> Deed of Trust. At no time shall the principal amount of the indebtedness secured by this Deed of Trust,not including <br /> sums advanced to protect the security of this Deed of Trust, exceed the original principal amount stated herein. <br /> 16. Miscellaneous Provisions. <br /> (a) Borrower Not Released. E�ension of the time for payment or modification of amortization of <br /> the sums secured by this Deed of Trust granted by Lender to any successor in interest of Borrower shall not operate <br /> to release,in any manner,the liability of the original Bonower and Borrower's successors in interest. Lender shall <br /> not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise <br /> modify amortization of the sums secured by this Deed of Trust by reason of any demands made by the original <br /> Borrower and Borrower's successors in interest. <br /> (b) Lender's Powers. Without affecting the liability of any other person liable for the payment of <br /> any obligation herein mentioned, and without affecting the lien or charge of this Deed of Trust upon any portion of <br /> the Property not then or theretofore released as a security for the full amount of all unpaid obligations,Lender may, <br /> from time to time and without notice,(i)release any person so liable;(ii)extend the maturity or alter any of the terms <br /> of any such obligations;(iii)grant other indulgences,(iv)release or reconvey,or cause to be released or reconveyed <br /> at any time at Lender's option any parcel,portion or all of the Property;(v)take or release any other or additional <br /> security for any obligation herein mentioned;or(vi)make compositions or other arrangements with debtors in <br /> relation thereto. <br /> (c) Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or <br /> remedy hereunder or otherwise afforded by applicable law shall not be a waiver of,or preclude the exercise of, any <br /> such right or remedy. The procurement of insurance or the payment of taxes or other liens or chazges by Lender sha11 <br /> not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this Deed of Trust. <br /> (d) Successors and Assigns Bound;Joint and Several Liabilit,y:Captions. The covenants and <br /> agreements herein contained shall bind,and the rights hereunder shall inure to,the respective successors and assigns <br /> of Lender and Trustor. All covenants and agreements of Trustor shall be joint and several. The captions and <br /> headings of the paragraphs of this Deed of Trust are for convenience only and are not to be used to interpret or define <br /> the provisions hereof. <br /> (e) Req.uest for Notices. The parties hereby request that a copy of any notice of default hereunder <br /> and a copy of any notice of sale hereunder be mailed to each party to this Deed of Trust at the address set forth above <br /> in the manner prescribed by applicable law. Except for any other notice required under applicable law to be given in <br /> another manner, any notice provided for in this Deed of Trust shall be given by mailing such notice by certified maii <br /> addressed to the other parties, at the address set forth above. Any notice provided for in this Deed of Trust sha11 be <br /> effective upon mailing in the manner designated herein. If Trustor is more than one person, notice sent to the address <br /> set forth above shall be notice to all such persons. <br /> (fj Inspection. Lender may make,or cause to be made,reasonable entries upon and inspections of <br /> the Property,provided that Lender shall�ive Trustor notice prior to any such inspection specifying reasonable cause <br /> therefor related to Lender's interest in the Property. <br /> (g) Reconveyance. Upon payment of all sums secured by this Deed of Trust,Lender sha11 request <br /> Trustee to reconvey the Property and sha11 surrender this Deed of Trust and a11 notes evidencing indebtedness secured <br /> by this Deed of Trust to Trustee. Trustee shall reconvey the Property without warranty and without charge to the <br /> person or persons legally entitled thereto. Trustor shall pay all costs of recordation,if any. <br /> (h) Personal Property: Security A�reement. As additional security for the payment of the Note, <br /> Trustor hereby grants Lender,under the Nebraska Uniform Commercial Code, a security interest in all fixtures, <br /> equipment and other personal property used in connection with the real estate or improvements located thereon and <br /> not otherwise declared or deemed to be a part of the real estate secured hereby. This instrument shall be construed as <br /> a Security Agreement under said Code,and the Lender shall have a11 the rights and remedies of a secured party under <br /> said Code in addition to the rights and remedies created under and accorded the Lender pursuant to this Deed of <br /> Trust,provided that Lender's rights and remedies under this paragraph sha11 be cumulative with,and in no way a <br /> limitation on,Lender's rights and remedies under any other security agreement signed by Borrower or Trustor. <br /> (i) Liens and Encumbrances. Trustor hereby wanants and represents that there is no default under <br /> the provisions of any mortgage, deed of trust,lease or purchase contract describing all or any part of the Property,or <br /> other contract,instrument or agreement constituting a lien or encumbrance against a11 or any part of the Property <br /> (collectively, "Liens")existing as of the date of this Deed of Trust, and that any and a11 existing Liens remain <br /> unmodified except as disclosed to Lender in Trustor's written disclosure of liens and encumbrances provided for <br /> herein. Trustor shall timely perform all of Trustor's obligations, covenants,representation and warranties under any <br /> and a11 existing and future Liens,and shall not without Lender's prior written consent in any manner modify the <br /> provisions of or allow any future advances under any existing or future Liens. <br /> (j) Annlication of Pavments. Uriless otherwise required by law, sums paid to Lender hereunder, <br /> including,without limitation,payments of principal and interest,insurance proceeds, condemnation proceeds and <br /> rents and profits, sha11 be applied by Lender to the amounts due and owing from Trustor and Borrower in such order <br /> as Lender in its sole discretion deems desirable. <br /> Page 4 of 5 <br /> �� <br />