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<br />200702816 <br /> <br />J. Lender has the right, but not the obligation, to perform any of Grantor's obligations under this section at <br />Grantor's expense. <br />K. As a consequence of any breach of any representation, warranty or promise made in this section, (1) <br />Grantor will indemnify and hold Lender and Lender's successors or assigns harmless from and against all <br />losses, claims, demands, liabilities, damages, cleanup, response and remediation costs, penalties and <br />expenses, including without limitation all costs of litigation and attorneys' fees, which Lender and Lender's <br />successors or assigns may sustain; and (2) at Lender's discretion, Lender may release this Security <br />Instrument and in return Grantor will provide Lender with collateral of at least equal value to the Property <br />without prejudice to any of Lender's rights under this Security Instrument. <br />L. Notwithstanding any of the language contained in this Security Instrument to the contrary, the terms of <br />this section will survive any foreclosure or satisfaction of this Security Instrument regardless of any passage <br />of title to Lender or any disposition by Lender of any or all of the Property. Any claims and defenses to the <br />contrary are hereby waived. <br />18. CONDEMNATION. Grantor will give Lender prompt notice of any pending or threatened action by private or <br />public entities to purchase or take any or all of the Property through condemnation, eminent domain, or any <br />other means. Grantor authorizes Lender to intervene in Grantor's name in any of the above described actions or <br />claims. Grantor assigns to Lender the proceeds of any award or claim for damages connected with a <br />condemnation or other taking of all or any part of the Property. Such proceeds will be considered payments and <br />will be applied as provided in this Security Instrument. This assignment of proceeds is subject to the terms of <br />any prior mortgage, deed of trust, security agreement or other lien document. <br />19. INSURANCE. Grantor agrees to keep the Property insured against the risks reasonably associated with the <br />Property. Grantor will maintain this insurance in the amounts Lender requires. This insurance will last until the <br />Property is released from this Security Instrument. What Lender requires pursuant to the preceding two <br />sentences can change during the term of the Secured Debts. Grantor may choose the insurance company, <br />subject to Lender's approval, which will not be unreasonably withheld. <br />All insurance policies and renewals will include a standard "mortgage clause" and, where applicable, "loss payee <br />clause." If required by Lender, Grantor agrees to maintain comprehensive general liability insurance and rental <br />loss or business interruption insurance in amounts and under policies acceptable to Lender. The comprehensive <br />general liability insurance must name Lender as an additional insured. The rental loss or business interruption <br />insurance must be in an amount equal to at least coverage of one year's debt service, and required escrow <br />account deposits (if agreed to separately in writing). <br />Grantor will give Lender and the insurance company immediate notice of any loss. All insurance proceeds will <br />be applied to restoration or repair of the Property or to the Secured Debts, at Lender's option. If Lender <br />acquires the Property in damaged condition, Grantor's rights to any insurance policies and proceeds will pass to <br />Lender to the extent of the Secured Debts. <br />Grantor will immediately notify Lender of cancellation or termination of insurance. If Grantor fails to keep the <br />Property insured, Lender may obtain insurance to protect Lender's interest in the Property and Grantor will pay <br />for the insurance on Lender's demand. Lender may demand that Grantor pay for the insurance all at once, or <br />Lender may add the insurance premiums to the balance of the Secured Debts and charge interest on it at the <br />rate that applies to the Secured Debts. This insurance may include coverages not originally required of Grantor, <br />may be written by a company other than one Grantor would choose, and may be written at a higher rate than <br />Grantor could obtain if Grantor purchased the insurance. Grantor acknowledges and agrees that Lender or one <br />of Lender's affiliates may receive commissions on the purchase of this insurance. <br />20. ESCROW FOR TAXES AND INSURANCE. As provided in a separate agreement, Grantor agrees to pay to <br />Lender funds for taxes and insurance in escrow. <br />21. CO-SIGNERS. If Grantor signs this Security Instrument but is not otherwise obligated to pay the Secured <br />Debts, Grantor does so only to convey Grantor's interest in the Property to secure payment of the Secured <br />Debts and Grantor does not agree by signing this Security Instrument to be personally liable on the Secured <br />Debts. If this Security Instrument secures a guaranty between Lender and Grantor, Grantor agrees to waive any <br />rights that may prevent Lender from bringing any action or claim against Grantor or any party indebted under <br />the obligation. These rights may include, but are not limited to, any anti-deficiency or one-action laws. <br />22. SUCCESSOR TRUSTEE. Lender, at Lender's option, may from time to time remove Trustee and appoint a <br />successor without any other formality than the designation in writing. The successor trustee, without <br />conveyance of the Property, will succeed to all the title, power and duties conferred upon Trustee by this <br />Security Instrument and applicable law. <br />23. APPLICABLE LAW. This Security Instrument is governed by the laws of Nebraska, the United States of <br />America, and to the extent required, by the laws of the jurisdiction where the Property is located, except to the <br />extent such state laws are preempted by federal law. <br />24. JOINT AND INDIVIDUAL LIABILITY AND SUCCESSORS. Each Grantor's obligations under this Security <br />Instrument are independent of the obligations of any other Grantor. Lender may sue each Grantor individually or <br />together with any other Grantor. Lender may release any part of the Property and Grantor will still be obligated <br />under this Security Instrument for the remaining Property. If this Security Instrument secures a guaranty <br />between Lender and Grantor, Grantor agrees to waive any rights that may prevent Lender from bringing any <br />action or claim against Grantor or any party indebted under the obligation. These rights may include, but are <br />not limited to, any anti-deficiency or one-action laws. Grantor agrees that Lender and any party to this Security <br />Instrument may extend, modify or make any change in the terms of this Security Instrument or any evidence of <br />debt without Grantor's consent. Such a change will not release Grantor from the terms of this Security <br />Instrument. The duties and benefits of this Security Instrument will bind and benefit the successors and assigns <br />of Lender and Grantor. <br />25. AMENDMENT. INTEGRATION AND SEVERABILITY. This Security Instrument may not be amended or <br />modified by oral agreement. No amendment or modification of this Security Instrument is effective unless made <br />in writing and executed by Grantor and Lender. This Security Instrument and any other documents relating to <br />the Secured Debts are the complete and final expression of the agreement. If any provision of this Security <br />Instrument is unenforceable, then the unenforceable provision will be severed and the remaining provisions will <br />still be enforceable. <br /> <br />Le Meridien, L.L.C. <br />Nebraska Deed Of Trust <br />NE/4XX28333000005900005586012040 1 07Y <br /> <br />""1996 Bankers Systems, Inc" St. Cloud, MN ~ <br /> <br />InitialS <br />Page 5 <br />