200704125 - Laserfiche WebLink

Browse

200704125 PARAGRAPH IN ANY PROCEEDING AS CONCLUSIVE EVIDENCE OF THIS WAIVER BY GRANTOR. 41.10. GOVERNING LAW. THIS DEED OF TRUST SHALL BE GOVERNED AND CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE INTERNAL LAW OF THE STATE IN WHICH THE LAND IS LOCATED (THE "STATE") WITHOUT GIVING EFFECT TO THE CONFLICTS-OF-LAW RULES AND PRINCIPLES OF THE STATE. 42. Submission To Jurisdiction. Grantor hereby submits to the nonexclusive jurisdiction of the United States Federal and of any State court sitting in the State where the Trust Property is located for the purposes of all legal proceedings arising out of or relating to this mortgage, any of the other loan documents to which it is a party or any of the transactions contemplated hereby or thereby. Grantor hereby irrevocably waives, to the fullest extent permitted by law, any objection which it may now or hereafter have to the laying of the venue of any such proceeding brought in such a court and any claim that any such proceeding brought in such a court has been brought in an inconvenient forum. 43. Non-Recourse. The provisions of this Deed of Trust are, notwithstanding anything to the contrary herein, subject to the provisions of Section 8.24 of the Loan Agreement, which are incorporated herein in reference as if herein set forth in full. 44. Nebraska Specific Provisions. 44.1. INCONSISTENCIES. In the event of any inconsistencies between the terms and conditions of the other articles and provisions of this Deed of Trust and this Article 44 for Nebraska Specific Provisions, the terms and conditions of this Article 44 shall control and be binding. 44.2. RECONVEYANCE OF DEED OF TRUST. When the obligations secured by this Deed of Trust have been satisfied, the Beneficiary shall, upon receipt of a written request by the Grantor or the Grantor's successor in interest or designated representative or by the holder of a junior trust deed or junior mortgage, deliver to the Grantor or Grantor's successor in interest or designated representative a reconveyance of the Trust Property in recordable form duly executed by the Trustee. The reconveyance may designate the grantee therein as the person or persons entitled thereto. The Beneficiary shall, upon receipt of a written request, deliver to Grantor or Grantor's successor in interest, as directed in the written request, this Deed of Trust and the Note or other evidence of the obligations so satisfied. 44.3. ApPOINTMENT OF SUCCESSOR TRUSTEE. The Beneficiary may appoint a successor trustee at any time by filing for record in the office of the register of deeds of each county in which the trust property or some part thereof is situated a notice of substitution of trustee. From the time the substitution is filed for record, the new trustee shall succeed to all the power, duties, authority, and title of the trustee named in the deed of trust and of any successor trustee. The 22