99110911 - Laserfiche WebLink

Browse

� y9 71v� 11 principal amount of the indebtedness secured by this Deed of Trust, not including sums advanced to protect the security of this Deed of • Tru�t,exceed the original principal amount stated herein,or$ ,whichever is greater. 16. Miscellaneous Provisions. (a) Borrower Not Released. Extension of the time for payment or modification of amortization of the sums secured by this Deed of Trust granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner,the liabili- ry of the original Borrower and Borrower's successors in interest. Lender shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Deed of Trust by reason of any demands made by the original Borrower and Borrower's successors in interest. (b) Lender's Powers.Without affecting the liability of any other person liable for the payment of any obligation herein men- tioned, and without affecting the lien or charge of this Deed of Trust upon any portion of the Property not then or theretofore � � released as securiry for the full amount of all unpaid obligations, Lender may, from time to time and without notice (i) release x 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 convey, or cause to be released or reconveyed at any time at Lender's option any parcel, portion or all of the 1 Property, (v)take or release any other or additional security or reconveyed at any time at Lender's option any parcel, portion or � all of the Property, (vi)take or release any other or additional securiry for any obligation herein mentioned,or(vii)make compo- � sitions of 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 oth- � erwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. The procure- � ment of insurance or the payment of taxes or other liens or charges by Lender shall not be a waiver or Lender's right to acceler- ate the maturiry of the indebtedness secured by this Deed of Trust j (d)Successors and Assigns Bound;Joint and Several Liabllity; Captlons.The covenants and agreements herein con- tained 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 to this Deed of Trust 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 address 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 inter- est 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 legally entitled thereto.Trustor shall pay all costs or 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 Securiry 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 under this paragraph shall be cumulative with, and in no way a limitation on, Lender's rights and remedies under any other security agree- ment 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 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 disclosed to Lender in Trustor's writ- ten disclosure of liens and encumbrances provided for herein. Trustor shall timely perform all of Trustor's obligations, covenants, representations and warranties under any and all existing and future Liens, shall promptly forward to Lender copies of all notices of default sent in connection with any and all existing or future Liens, and shall not without Lender's prior written conseni in sny manner modify the provisions of or allow any future advances under any existing or future liens. (j) Applications of Payments. Unless othervvise required by law, sums paid to Lender hereunder, including without imita- tion payments of principal and interest, insurance proceeds, condemnation proceeds and rents and profits, shall be applied by �ender to the amounts due and owing from Trustor and borrower in such order as Lender in its sole discretion deems desir- able. (k) Severability. If any provision of this Deed of Trust conflicts with applicable law or is declared invatid or otherwise unen- forceable, such conflict or invalidity shall not affect the other provisions of this Deed of Trust or the Note which can be given effect without the conflicting provision,and to this end the provisions of this Deed of Trust and the Note are declared to be sev- erable. (I)Terms.The terms"Trustor'and"Borrowe�'shall include both singular and plural,and when the Trustor and Borrower are the same person(s),those terms as used in this Deed of Trust shall be interchangeable. (m)Governing Law.This Deed of Trust shall be governed by the laws of the State of Nebraska. Trustor has executed this Deed of Trust as of the date written above. ~' � _ \ /, � (MURRAY R. CARSTENS, PRESIDENT) Trustor ( EF E . ROMSA, VICE—PRESID��Q� Trustor Trustor _ ; ..