200205117 - Laserfiche WebLink

Browse

200205117 77. Condemnation. The proceeds of any award or payment or cla rn for damages, direct or consequentia /, in connection with any (,,ondaranation or ocher taking of the Trust Property, or any part tnereof, either temporarily or permanently, or for conveyance in lieu of or in anticipation of condemnation, are hereby assigned to and, ^,hall be paid to Benefi!:/ary. Trustor will file and prosecute, in good faith and with due diligence, its claim for any such award or payment, and will cause the same to be correC'ted and paid to Beneficiary, and should it fail to do so, Trustor irrevocably authorizes and empowers Beneficiary, in the name of Trustor or otherwise, to file, prosecute, settle or compromise any such claim and to collect, receive for and retain the proceeds. if the Trust Property is abandoned by Trustor, or, after notice by Leneficiary to Trustor that the condemnor Offers to make an award or settle a claim for damages, Trustor fails to respond to Beneficiary i ithin thirty (30) days after the date such notice is mal/ed, Beneficiary is authorized !o collect and apply the proceeds in the manner indicated herein. The proceeds of any award or claim may, after deducting all reasonable costs and expenses, including attorneys' fees, which may have been incurred by Beneficiary in the collection thereof, at the sole discretion of Beneficiary; be released to Trustor, applied to restoration of the Trust Property, or zpplied to the payment of the Obligations. Unless Beneficiary and Trustor otherwise agree in writing, any such application of proceeds to the Note or Guaranty, as applicable, shall not extend or postpone the due date of any regular installments called for thereunder or change the amount of any such installments. 72. Environmental Representations and Warranties; Indemnification; Inspection and Testing. Trustor represents and warrants that, except as disclosed in writing to Beneficiary and except where Trustor has obtained the requisite local, state, andror federal permits and approvals, Trustor does not and will not generate nor have in its possession any hazardous or toxic wastes, chemicals or other substances, the generation or possessiara of which are ,governed by local, state and /or environmental laws, ordinances, decrees, regulations and statutes /hereinafter "Environmental Wastes "), Trustor further represents and warrants that it is not presently the subject of any environmental inquiry, litigation, administrative proceeding or threat thereof by a governmental authority, and that Trustor shall promptly notify Beneficiary of same if any of the foregoing does occur. Trustor also represents and warrants to Beneficiary that it is not subject to any judgment, decree, order or citation relating to or, arising out of a violation of local, state or federal environmental laws or regulations. Trustor shall also provide Beneficiary when applicable with copies of all appropriate environmental permits and approvals- Trustor warrants and represents that there are not now, nor to the Truster's knowledge after reasonable investigation have there ever been Environmental Wastes stored, deposited, treated, recycled or disposed of on, under, or at the Trust Property (including tanks or other facilities thereon containing such materials), which materials or contained materials, if known to be present on the property or present in son's or ground .eater, ::col:: rcq:;.r,: ctcatr ug, re. nova,', or other ren',,;c a; action :.ndrr env,: ur;rrrenta/ laws. Trustor will indemnify and hold harmless Beneficiary, its successors, assigns, employees, agents, parent, affiliates and subsidiaries, and each of them, from any and all claims, suits, damages, habiliries and expenses arising out of or in connection with any alleged or actual pollution or contamination of the ground, water or air or, on or near the Trust Property. Beneficiary may at any time hire the services of an environmental consulting and /or testing company to inspect the Trust Property with the costs thereof to be charged to Trustor. Trustor sha /1 nor rely an such inspection nor shat/ Trustor be relieved thereby of conducting its own environmental audit or raking such ottrer.steps as are necessary to comply with environmental laws and regulations. 73. Trustor Not Released. Fxtcns'ion of the time for payment or modification of any amortization of the Obligations granted by Reneficiary to any successor in interest of Trustor shall not operate to release, ir any manner, the liability of Trustor and Trustee's successors in interest. Beneficiary shell nor be required to Commoner: proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the Obligations by reason of any demand made by Trustor and Truster's .successors in interest. 74. Additional Covenants. to addition to any other covenants of Trustor made in any other agreement, instrument or document, Trustor shall comply with the c•ovenaWs set forth in any Rider attached and mode a part of this Deed of Trust. 15. Schedule of Leases. S,Vitlrin ten (10) days after demand, Trustor shall furnish to Beneficiary schedule, certified to by Trustor, setting forth all leases of the Trust Property, or any portion thereof, including in each case, the -ime of the tenants Or occupants, a description of the space occupied by such tenant or occupant, the rental payable for such space, and s. sh other information and documents with respect to such /eases and tenancies as Reneficiary may reasonably request. 76. Covenants of Trustor with Respect to Leases. Without the prior written consent of Beneficiary, Trustor shall not, directly or indirectly, with respect to any lease of space in the Trust Property, or any portion thereof, whether such lease is now or hereafter in existence: (a) Accept or permit any prepayment, discount or advance payment of rent hereunder in excess of one month, (bl Cancel or terminate the same, or accept any cancellation, termination or surrender thereof, or permit any event to occur which would occur thereunder to terminate or cancel the same, other than termination for nonpayment of rent, (c) Amend or modify the same so as to reduce the term thereof, the rental payable thereunder, or to change any renewal provisions therein contained, (e) Give any consent, waiver or approval thereundor or take any other ar.lion in connection therewith, or with a lessee thereunder, which _utcri,a ;, t!,eeffrc••r,f re ;irz. ;hc :;; e/ ess.', r' s.:; te•,. ariiacreuno : %uraimpoperrysubjecriherdto, or of impairing the position of interest of Beneficiary therein. or (f) Sell, assign, pledge, mortgage or otherwise dispose of, or encumber its interest in any said lease or any rents, issues, profits issuing or arising thereunder. 77. Waiver of Statute of Limitations. Time is of the essence in all of Trustor "s obligations and duties hereunder; and to the extent permitted by law, Trusror waives all present or future statutes of Linitation with respect to any debt, demand or obligation secured hereby and any action or proceeding for the purpose Of onforcing this Deed of Trust or any rights or remedies contained herein. 78. Assignment of Deposits, in rho evrnr construction of improvements is contemplated by the Obligations secured hereby, as additional security therefor. Trustor hereby transfers air' assigns to Beneficiary, a /.1 right, title and interest to any and all monies deposited by or on behalf cf Trustor with any city, county, put.` body or agency, sanitary district, utility company, and any other body or agency, for the installation or to secure, the installation of ar, utility by Trustor, pertaining to.the Trust Property, 13. Organizational Existenr.e. If Trustor is an organization organized under the laws of a Mate, it will do all things necessary to preserve its existence arid all rights and privileges under the laws of the state of its organization. 20. Forbearance by Beneficiary Not a Waiver. Any delay by Beneficiary in exercising any right or remedy hereunder, or otherwise afforded by applicable law or equity, shall not be a waiver of or preclude the exercise of such tight or remedy or of any other right or remedy an hereunder or at law or equity. The failure of the Beneficiary to exorcist, any option to accelerate maturity of the Obligations secured by this Deed of Trust, the forbearance by the Beneficiary before or after th° exorcise of such option, or the withdrawal or abandonment of proceedings provided for by this Deed of Trust shall not be a waiver of the right to exercise such option or to accelerate the maturity of such Obligations by reason of any past, present or future event which would permit acceleration under the Section entitled "Acceleration of Debt; Foreclosure " herein. The procurement of insurance, the payment of razes or the discharge of liens or charges by Beneficiary shall not be a waiver of Beneficiary's right to accelerate the maturity of the Obligations hereby secured. The Beneficiary's receipt of any awards, proceeds or damages under the Section entitled "Hazard Insurance" and the Section entitled "Condemnation" herein shall not operate to cure or waive default by the Trustor under the Section entitled "Events of Default" herein. 27. Remedies Cumulative. All rornreies provided in this Deed of Trust are distinct and cumulative to any other right or remedy under this Deed of Trust or afforded by law or equity, and rrray be exercised concurrently, independently or successively, and as often as the occasion therefor arises. 22, Successors and Assigns Bound; Number; Gender; Joint and Several Liability, Captions. The covenants and agreements herein contained shall bind, and the rights hereunder shall irwre to, the respective hairs, local rnrrlecenr;a rive s, successors and acs,inns of Bene`ic :); J, T %Vcc, ar:u Trustor. Wherever used, the singular mincer shall include the plorah• trip pfural rho singular, and the use of any gender shall be applicable to all genders. All covenants and agreements of Trustor Sherr be joint and soveral; provided, however, that if flap Trusror is an individual, nothirg contained in this Deed of 7rust shall in any wth y obligate n ,pause ;+ the Truster ::r pay the, Obligations unless such spouse also signs the ;Vet:: ur the Guaranty. The capriurrs and headings of the SPrtions of this Doerr of Trust are for convenience only and are not to be used to interpret or defino rho provisions hereof. 23. Notice. Except for any netir.'e required under applicable law ru be given in another ruar ;ner, (a) any notice to Trustor provided for in this Deed of Trust shall b0 given by mailing such notice by certified mad, return rc- -ccipt requested addressed to Trusror at its mailing address set forth above or at such other address as Trustor may designate by notice to Beneficiary as provided herein, and (b) any notice to Beneficiary or T'rrrsteo shall be given by certified mail, return receipt requested, to Benr• ficiary's and Trustee's mailing address stated herein or to such other address as Beneficiary or Trustee may designate by notice to Trusror as provided herein. Any notice provided for in this Deed of Trust shall be deemed to have been given to Trustor, Beneficiary or 77us!eo when given in the manner designated herein, 24. Governing Law; Severability. This Deed of Trust shall be ,governed by the laws of the State of Nebraska: In the evert any pro,rision or clause of this Deed of Trust conflicts with applicable law, such conflict shall not affect other provisions of this Deed of Trust which can be given affect without the conflicting provisions and to this end the provisions of this Deed of Trust are declared to be severable. !n the event thaw any applicable law in effect on the date of the execution of this Deed of Trust limits the amount of interest or other items which may be lawfully charged and is interpreted in a manner such that any payment provided for in this Deed of Trust or in the Note or the Guaranty ( whether considored separately or together with other payments that are considered a port of this Deed of Trust arid this transaction) viorrtos such law, such payment is hereby reduced to the extent necessary to eliminate such violation if the Trustor is entitled to the benefit of ouch law.