99111236 - Laserfiche WebLink

Browse

99 111236 (a) Bonower 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 sha11 not operate to release, in any manner, the liability 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 mentioned, and without affecting the lien or charge of this Deed of Trust upon any portion of the Property not then or theretofore released as a security for the full amount of all unpaid obligations, Lender may, from time to time and without notice, (i)release 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 reconvey, or cause to be released or reconveyed at any time at Lender's option any parcel, portion or a11 of the Property; (v) take or release any other or additional security for any obligation herein mentioned; or (vi) make compositions or other arrangements with debtors in relation thereto. (c) Forbearance bv Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder or otherwise afforded by applicable law shall not be a waiver of, or preclude the exercise of, any such right or remedy. The procurement of insurance or the payment of taxes or other liens or charges by Lender shall not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this Deed of Trust. (d) Successors and Assigns Bound: Joint and Several Liability; Captions. The covenants and agreements herein contained sha11 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. (fl 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 interest in the Property. (�) Reconveyance. Upon payment of a11 sums secured by this Deed of Trust, Lender sha11 request Trustee to reconvey the Property and sha11 surrender this Deed of Trust and a11 notes evidencing indebtedness secured by this Deed of Trust to Trustee. Trustee shall reconvey the Property without warranty and without charge to the person or persons legally entitled thereto. Trustor shall pay all costs of recordation, if any. (h) Personal Property; Security A�reement. 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 sha11 be construed as a Security Agreement under said Code, and the Lender sha11 have all the rights and remedies of a secured party under said Code in addition to the rights and remedies created under and accorded the Lender pursuant to this Deed of Trust, provided that Lender's 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 agreement 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 a11 or any part of the Property (collectively, "Liens") existing as of the date of this Deed of Trust, and that any and a11 e�cisting Liens remain unmodified except as disclosed to Lender in Trustor's written disclosure of liens and encumbrances provided for herein. Trustor sha11 timely perform all of Trustor's obligations, covenants, representation and warranties under any and a11 existing and future Liens, and sha11 not without Lender's prior written consent in any manner modify the provisions of or a11ow any future advances under any existing or future Liens. (j) Annlication of Payments. Unless otherwise required by law, sums paid to Lender hereunder, including, without limitation, payments of principal and interest, insurance proceeds, condemnation proceeds and rents and profits, shall be applied by Lender to the amounts due and owing from Trustor and Borrower in such order as Lender in its sole discretion deems desirable. (k) Severabilitv. If any provision of this Deed of Trust conflicts with applicable law or is declared invalid or otherwise unenforceable, such conflict or invalidity sha11 not affect the other provisions of this Deed of Page 4 of 5