200507874 - Laserfiche WebLink

Browse

200507874 (d) The Trustee may sell and convey the Property under the power aforesaid, although the Trustee has been, may now be or may hereafter be attorney or agent of Lender in respect to the loan made by Lender evidenced by the Note or this Security Instrument or in respect to any matter of business whatsoever. (e) The Trustee hereby lets the Property to the Borrower until a sale be had under the foregoing provisions, upon the following terms and conditions, such letting being to -wit: The Borrower and every and all persons claiming or possessing the Property, or any part thereof, by, through or under Borrower shall pay rent therefor during said term at the rate of one cent (1¢) per month, payable monthly upon demand, and shall surrender immediate peaceable possession of said premises, to the purchaser thereof, under such sale, without notice or demand therefor. Should possession not be surrendered as provided for herein the purchaser shall be entitled to institute proceedings for possession as aforesaid. (f) The following notice is provided pursuant to Section 432.045 of the Missouri Revised Statutes: Oral agreements or commitments to loan money, extend credit or to forbear from enforcing repayment of a debt including promises to extend or renew such debt are not enforceable. To protect you (borrower) and us (lender) from misunderstanding or disappointment, any agreements we reach covering such matters are contained in this Security Instrument, which is the complete and exclusive statement of the agreement between the parties hereto, except as we may later agree in writing to modify it. (g) In the event any person legally entitled thereto shall at any time deliver or cause to be delivered to Lender a notice pursuant to subsection 6 or 8 of Section 443.055 of the Missouri Revised Statutes electing to terminate the operation of this Security Instrument as security for future advances or future obligations made or incurred after the date of such notice, then upon receipt of such notice Lender shall have no further obligation under the Note, this Security Instrument or otherwise to advance monies to or for the account of Borrower, notwithstanding anything in the Note or this Security Instrument to the contrary. Moreover, any request by Borrower for an advance under the Note or hereunder shall constitute a certification that no such notice of lien termination has been given. (h) This Security Instrument constitutes a financing statement filed as a fixture filing under Sections 9 -313 and 9 -402 of the Uniform Commercial Code, as amended or recodified from time to time, covering any of the Fixtures which now is or later may become fixtures attached to the Premises. The addresses set forth in Section 11.01 hereof are the mailing address of Borrower, as debtor under the Uniform Commercial Code, and Lender, as secured party under the Uniform Commercial Code, respectively and the organizational identification number of Borrower is set forth on the signature page hereof. Section 18.42. Certain Matters Relating to Propeily Located in the State of Nebraska. With respect to the Property which is located in the State of Nebraska, notwithstanding anything contained herein to the contrary: (a) Future Advances. Upon request of Borrower, Lender, at Lender's option, prior to reconveyance of the Property to the Borrower, may make future advances to Borrower. Such future advances, with interest thereon, shall be secured by this Security Instrument whether or not evidenced by a promissory note or promissory notes stating that the note or notes are secured hereby; providing that at no time shall the secured principal and future advances, not including sums advanced to protect the security, exceed one hundred percent (100 %) of the original principal amount secured hereby. If Borrower fails to perform the covenants and agreements herein contained, Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's right in the Property, including, but not limited to, the payment of any sums secured by a lien which has priority over this security instrument, court appearances, payment of attorney's fees, and entering the Property to make repairs. Any amount disbursed by Lender under this Section shall become an additional debt of Borrower secured by this Security Instrument to bear interest from the date of disbursement; and said amount shall bear interest at the highest lawful rate until refunded by Borrower. .11