Laserfiche WebLink
200213580 <br />(d) It is agreed that the fee of the Trustee provided in this paragraph shall be in the amount of <br />one and one -half percent (1 1/2 %) of the obligation then due. <br />12. REMEDIES NOT EXCLUSIVE. Trustee and Beneficiary, and each of them, shall be entitled <br />to enforce payment and performance of any indebtedness or obligations secured hereby and to exercise all <br />rights and powers under this Deed of Trust or under any Loan Instrument or other agreement or any laws <br />now or hereafter in force, notwithstanding some or all of the such indebtedness and obligations secured <br />hereby may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, lien, <br />assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement whether by court <br />action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner <br />affect Trustee's or Beneficiary's right to realize upon or enforce any other security now or hereafter held <br />by Trustee or Beneficiary, it being agreed that Trustee and Beneficiary, and each of them, shall be entitled <br />to enforce this Deed of Trust and any other security now or hereafter held by Beneficiary or Trustee in such <br />order and manner as they or either of them may in their absolute discretion determine. No remedy herein <br />conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein <br />or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy <br />given hereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given <br />by any of the Loan Instruments to Trustee or Beneficiary or to which either of them may be otherwise <br />entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed <br />expedient by Trustee or Beneficiary and either of them may pursue inconsistent remedies. Nothing herein <br />shall be construed as prohibiting Beneficiary from seeking a deficiency judgment against the Trustor to the <br />extent such action is permitted by law. <br />13. REQUEST FOR NOTICE. Trustor, and if more than one, each of them, hereby requests a copy <br />of any notice of default and that any notice of sale hereunder be mailed to it at the address set forth in the <br />first paragraph of this Deed of Trust. <br />14. GOVERNING LAW. This Deed of Trust shall be governed by the laws of the State of Nebraska. <br />In the event that any provision or clause of any of the Loan Instruments conflicts with applicable laws, such <br />conflicts shall not affect other provisions of such Loan Instruments which can be given effect without the <br />conflicting provision, and to this end the provisions of the Loan Instruments are declared to be severable. <br />This instrument cannot be waived, changed, discharged or terminated orally, but only by an instrument in <br />writing signed by the party against whom enforcement of any waiver, change, discharge or termination is <br />sought. <br />15. RECONVEYANCE BY TRUSTEE. Upon written request of Beneficiary stating that all sums <br />secured hereby have been paid, and upon surrender of this Deed of Trust and the Note to Trustee for <br />cancellation and retention and upon payment by Trustor of Trustee's fees, Trustee shall reconvey to Trustor, <br />or the person or persons legally entitled thereto, without warranty, any portion of the Trust Estate then held <br />hereunder. The recitals in such reconveyance of any matters or facts shall be conclusive proof of the <br />truthfulness thereof. The grantee in any reeonveyance may be described as "the person or persons legally <br />entitled thereto ". <br />16. NOTICES. Whenever Beneficiary, Trustor or Trustee shall desire to give or serve any notice, <br />demand, request or other communication with respect to this Deed of Trust, each such notice, demand, <br />request or other communication shall be in writing and shall be effective only if the same is delivered by <br />personal service or mailed by certified mail, postage prepaid, return receipt requested, addressed to the <br />address set forth at the beginning of this Deed of Trust. Any party may at any time change its address for <br />such notice by delivering or mailing to the other parties hereto, as aforesaid, a notice of such change. <br />17. ACCEPTANCE BY TRUSTEE. Trustee accepts this Trust when this Deed of Trust, duly <br />executed and acknowledged, is made a public record as provided by law. <br />18. TRANSFER OF THE PROPERTY' ASSUMPTION. If all or any part of the property or interest <br />therein is sold, transferred, or otherwise conveyed by Trustor without Beneficiary's prior written consent, <br />excluding (a) the creation of a lien or encumbrance subordinate to this Deed of Trust, (b) the creation of <br />a purchase money security interest for household appliances, (c) a transfer by devisee, descent or by <br />operation of law upon the death of a joint tenant or (d) the grant of any leasehold interest of three years or <br />less not containing an option to purchase; such action is a breach of this agreement, and Beneficiary may, <br />at Beneficiary's option, declare all the sows secured by this Deed of Trust to be immediately due and <br />payable, or cause the Trustee to file a notice of default. Beneficiary shall have waived such option to <br />acceleration if, prior to the sale, transfer or conveyance, Beneficiary and the person to whom the property <br />is to be sold or transferred reach agreement in writing that the credit of such person is satisfactory to <br />Beneficiary and that the interest payable on the sums secured by this Deed of Trust shall be at such rate as <br />