200503788 - Laserfiche WebLink

Browse

200503788 be conclusive proof of the truthfulness thereof. The grantee in the reconveyance may be described as "the person or person legally entitled thereto ". Grantor shall pay any Trustee's fees or recording fees. 31. Powers of Beneficiary. Without affecting the obligations of any party under the Loan Documents and without affecting the lien of this Deed of Trust and Beneficiary's security interest in the Property, Beneficiary may from time to time, without notice (a) release any Grantor and any other party now or hereafter liable for the payment or performance of any obligations under the Loan Documents, including guarantors of the Loan, (b) release all or any part of the Property, (c) subordinate the lien of this Deed of Trust or Beneficiary's security interest in the Property, (d) take or release any other security or guaranty, (e) postpone, grant an extension of time or accelerate the time for performance of the obligations owed under the Loan Documents, (f) modify, waive, forbear, delay or fail to enforce any obligations owed under the Loan Documents, (g) sell or otherwise realize on any other security or guaranty prior to, contemporaneously with or subsequent to a sale of all or any part of the Property, (h) make advances pursuant to the Loan Documents including advances in excess of the Note amount, (i) consent to the making of any map or plat of the Real Property, and (j) join in the grant of any easement on the Real Property. Any subordinate lienholder shall be subject to all such releases, extensions or modifications without notice to or consent from the subordinate lienholder. Grantor shall pay any fees, title insurance premiums or recording charges in connection with any of the foregoing. 32. Nonwaiver of Terms and Conditions. TIME IS OF THE ESSENCE with respect to performance of the obligations due under the Loan Documents. Beneficiary's failure to require prompt enforcement of any required obligations shall not constitute a waiver of the obligations due or any subsequent required performance of the obligation. No term or condition of the Loan Documents may be waived, modified or amended except by a written agreement signed by Grantor and Beneficiary. Any waiver of any term or condition of the Loan Documents shall apply only to the time and occasion specified in the waiver and shall not constitute a waiver of the term or condition at any subsequent time or occasion. 33. Use of Real Property. The Real Property is not used principally, or at all, for agricultural or farming purposes. 34. Joint and Several Liability. If there is more than one Grantor of this Deed of Trust, their obligations shall be joint and several. 35. Operating and Financial Statements. Grantor will deliver to Beneficiary (i) within ninety (90) days following the end of each fiscal year of Grantor during the term of the Loan, at Grantor's expense, Grantor's certified financial statement for such fiscal year prepared on a consistent basis and fairly, accurately and completely stating the financial condition of Grantor as of the end of such year and the results of its operations for the period covered; and (ii) upon Beneficiary's request, operating statements and occupancy reports for the Real Property in a form and for periods satisfactory to Beneficiary certified as correct by Grantor. Grantor shall permit Beneficiary to examine all books and records of Grantor pertaining to the Real Property and deliver to Beneficiary upon request all financial statements, credit reports and other documents in the possession of Grantor relating to the financial condition of Grantor, any tenant of the Real Property and any guarantor of the Loan, including rental, income and expense statements pertaining to the Real Property and tax returns and audits. 36. Maximum Interest Rate. The Loan Documents are expressly limited so that in no contingency or event whatsoever shall the amount paid, or agreed to be paid, to Beneficiary for the use, forbearance or detention of the money loaned under the Note or otherwise, or for the performance or payment of any indebtedness, exceed the maximum amount permitted under applicable law. If the loan secured by this Deed of Trust is subject to a law which sets maximum interest or loan charges, and that law is finally interpreted so that interest or other loan charges collected or to be collected exceed the maximum amount Doff'- Nebraska -12/04 NC LGL 10 Symetra Loan No. SB01A508