87103664 - Laserfiche WebLink

Browse

6. EnMeal 0*maln. Lender is hereby assigned all compensation. awards, damages and other payments or (after thereinafter "Proceeds') In connection with condemnation or other aking of the Property or part thereof, or for conveyance in lieu of condemnation Lender shall be entitled at its option to commence. appear in and Prosecute in its own name any action or proceedings. and shall also be entitled to make any compromise or settlement In connection with such taking or damage. In the event any portion of the Property is so taken or damaged. Lender shall have the option, in its sole and absolute discretion, to apply all such Proceeds, after deducting therefrom all Costs and expenses incurred by it in connection with such proceeds, upon any indebtedness secured hereby and in such order as Lender may determine, or to apply all such Proceeds, alter such deductions, to the restoration of the Property upon such conditions as Lender may determine. Any application of Proceeds to mdabtedr ess shall not extend or postpone the due date of any payments under the Note, or cuts any default thereunder or hereunder. 7. peflarelanes by Leader. In the event of Borrower's failure to perform any of the covenants herein or make any payments required hereby. ord any sells taken or "I proceeding commenced which materially affects Landers interest in the Property. Lender may in its own discretion. but without obligation to do so. and without notice tow demand upon Borrower and without releasing Borrower from any obligation, do any act which the Borrower has agreed but fails to do and may also do any otheract it deems necessary to protect the security hereof. Borrower shall, immediately upon demand therefor by Lender. pay to Lender all costs and expenses incurred and sums expended by Li nderin connection with the exercise by Lender of the loregoing rights. together with interest thereon at the rate provided in the Note. which shall be added to the indebtedness secured hereby. Lender shall not incur any personal liability because of anything it may do or omit to do hereunder. 9. Eaaals N Oafatd . The following shall constitute an event of default under this Deed of Trust: nA (a) Failure to pay any installment of principal or interest or any other sum secured hereby when due, or failure to pay when due any other indebtednen Of r' " wwW�� Borrower to Lender. Note. Deed Trust. the Note, and any Other (D) A breach of or default under any provision contained in the this of any document which sallies r.•y encumbrance upon the Property. 0 (C) A writ of execution or attachment or ans similar process shall be entered against Borrower which shall become alien on the Property or any portion V4 thereof thereof or mWroat therein: w; , (d) There shall be filed by of against Borrower an action under any present or future laderat• state or other statute, law or regulation relating to - bankruptcy, insolvency or other relief for debtors. or there shall be appoinlell any trustee. receiver or liquidator of Borrower or all Or any part of the Property. or ' the rents. issues or profits thereof. or Borrower shall make any general assignment for the benefit of creditors. (o) Tne sale, transfer. assignment, conveyance or further encumbrance of an or any bat of or any interest in l:.e Property, either voluntarily ork��$ ! involuntarily, without the express written consent of Lender. -' . . (1) If Borrower is not an Individual the sale transfer . assignment conveyance or encunlbranCe of more than _.__ ._ .._ percent Of (if a corporation) its , M Issued and outstanding slot% or (it a partnership) _._..... percent of partnership interests g Remedies; Acceteraban Upon Oeleutt. In the event of any Event or Default Lender may declare all indebtedness secured hereby to be due and payable and the ssime shall thereupon become due and payable without any presentment, demand. protest Or nol+ce of any kind Thereafter Lender may ' (a) Demand that Trustee exercise the POWER OF SALE granted herein and Trustee shall thereafter cause Borrower's in the Properly lobe sold ti and the proceeds to be d!stribulect . all in the manner provided in the Nebraska Trust Deeds Act.? (b) Either m person or by agent, with or without bnng,ng any action or proceeding or by a receiver appointed by a court and without regard to the - adequacy or its s0Curay. enter upon and take possession of The Properly . or any part thereof .inits own name Or in the name of the Trustee. and do anyaetawhich it deems necessary or desirable to preserve the value marketability of rentability of the Properly or part thereof or interest therein, increase the income therefrom or protect the Security hereof and with Or w,tnout Taking possession Of the P, opert V. sue for or otherwise collect The rents, issues and profits thereof, ecradmg those past due and unpaid. and a only the same less costs and e.pensesol operation and collection including attorneys' lees. upon any indebtedness secured hereby, ail in such order as Lender may delermme The entering upo ^and taking possession of the Property, the collection of such rents. issues and profits and the application Thereof e5 aforesaid shallnot cure or sea ive any detaor or nohce of default hereunder or,nvaldale any act done in response to such - default or pursuant to such notice OI default and nOlwdh5land+ng the conh rills rice m possession or the Property or the collection. recelpt and application of rents. issues or profits. Trustee or Lender shalt be entitled to e. a ft Ise every I qPI pr ov+ded Tot n, any Of the Lcan instruments or by law upon occ urence or any event of default including the fight to exercise the power of sale and to) Commence an action to foreclose this Deed of Trr+st is a morlgag. apvooi i receiver or sPerihcally enforce any of The covenants haraot: - NoremedyheferncoolaTied upon or reserved To Trustee Or Lenders mle.nded to ne exc lusveof any nine, r emeoy herein or by taw provided or permitted. but each shall be cumulative. she be rn addihon fo every Other remedy given hereunder hereafter r.,snng a! law or ,n egiwy or by statute and maybe exercised concurrently, independently or Su...,..,v. 10 Trtwbt. The Trustee may resign at any time wit ho,;l ca e and T Pndei rnav a! a.'y rime and wrtnovl cause appoe+T a successor or subsirtWP Trustee Trustee shall not be liable for any lose or damage unless 7. - to ail h g 7 -. 1.,c1 and shall not no requ, (1 1, take any action ,n connection with the emorCement Of this Deed of Trust unless eicemo,f,erl w .1 nil or al dip .. e•pense4 Which may b¢ as4n C,aled therewith In addition. Trustee may fleeome a purchaser at any sale of the Properly tiud,c,al0 under The Powt rsateq,ar e.hl a nl coslpon, the sate (if ali or any porno!+ of The properly as provided bylaw. _.. or sell the Property as a whole- or in separate parcels or QoVi. 11 Fuh"Adgnces. Upon request of Borrower l ender may a+ is p 'n m.a dda onal and future advances and n,ach,r s to Borrower Such advances and reaCvsencee. with Interest iherson, shall Da secured by This Deed of T s! A, n, rimes a e p,•n ria! arnol nt of the mdebledness secured by this Deed of Trust. hot in- CluWng bUma adyanC*d tD p101eCi iris SBGUtly of th iS Deeds ,s, e.r. Pr t r r ,. + .r .n, tSrAled hprmn �,,$ - wh:Cheyeris greater 12 1WgMnww Previsions. (at Derreater MM @*Wawa. E lens -f, lenf, : I i :. 1 t ,. t _.. - rnrai vi, of The s;.ms secured by this Deed of Trust granted by nder La t0 successor in .,interest of Borrowers A rc,t r.[n? nt ,eiNesc , mgr• ,xr ,hilt liab�!,fy of tits original Bor:owfr and Borrower's successors in interest Lender shall nor be required 10Cornits¢ncP prute.�6;ng'v a gai.,M sui:ns C[Pssor r,r rehire IO ex fund t+nie for payment or otherwise modify amgrlrratwo W the sums secured by this Deed of Trust by rexso, ,;I any dame^.15 n+adv r'.v me and Borrower -s SOcce", orl ,o interest ' (b) Leads IPeeess. Without aifecting the l 1-h I-1, o, any. -�I pere•?ni w,. for tar payrn«•nl of any obl,gluon flerem mentioned. arid without affecting {i the lien or charge of This Deed of Trust upon any o,I—.,f the* 1"!y i;r rnerPf !ore raieascil as recur,ly for the full amount of all unpaid obligations. Lender may !Tom time to time and Wdho't nol:ce f � ,etea Se y [ - ab e ( e.iPnd the malunly of alter any of the terms of any such obligations. (tit) grant Otharrndulgencas t tv)reeasao,reconreya ssl asrd < Pydata YT dal Lendersoptidns any parcel portion Or all of the Property, lv) resew re{ease any other of additional sec.u'ity fO, ij,y Othqal )I n -.. "en?,,ilel •. lake con,posnions or other arrangements with debtors in retation }hereto 5_� 0.< {C) Forbearaneeby Lender 1'1W a wafyer Any forbearance t +f ..stale, ,, ert.tl r e any right or remedy hereunder . or otherwise afforded by applicable taut, shall not be a **,"tot or preclude th w,exerc,sPOfany sir. (; ,1;:r rPr y'ne C.r,- ..ant of+nsurance or the payment of taxes or other liens or charges by Lender Map not be a warver of Lenders I+gh1 to ac c elet ale tit¢ ma'un• .iT Tff ,rid Ph'Pd P94 recure..d by this Deed of Trust lot Saccesset ale fla t f a Beanat JoRd and Seseral Ltabany. Capbens. Tne covenants and agreements herein Contained shall hind. and the tolls hereunder shall inure to. the respective successors and assigns of Lender and Bonowe' sUb;ect to tits pnons,Ons pt paragraph S le) hereof All covenants and '.. agilementsof Borrower shall be joint and several ThecapnO ns and headings o! +ne paragiaptisC!Tn,s Deed of Trust are tot convenience only and are not lobe used to interpret or delete the provisions hereof . ( *I RgYaal lorNONDM. The parlies hereby r eq ueStthaTac. pv ! am n-,nc of de laUlthr•,PUndP, and a CopyoT any rill Uce of Sale hereunder be mailed 10 each Perry to this Deed at Trust at the address set lorth above ..n The ^snits: [!rPSC,lbe!0 f>y aGp!' =ante taw E..0 ept for any other notice required Under applicable taw lit be given rb another manner any Route provided 1pr ,1 fnls Creed :;l ' nr st snail he g ten CIy mdding such nonce by Ceriled ma,l addressed to the other panWS. at the address set forth above Any notice provided form this Deed of Trust shall be deemed to nave been given to Borrower Or lender when given in the manner designated herein ifI InspseNall. Lender may make or cause to be made reasonable entries upon and Inspections o! the Properly. prOV:dP.d that Lender snail give Borrower notice prior 10 any such inspection specifying reasonable cause therefor re,ated to i. ender s ,nterest in The Property (g) Note neeyanee. Upon payment of all sums secured by this Deed Jf Trust l rid ®r Shan request Trustee TO rP¢Onv @y the Prp(>Briy and shall 5urfandar This Deed Of Trusl and all notes evidencing indebtedness secured by This Deed el 1'llsl in T,usree T r, snail re.(. onus, Ina Prop.:,iy wuno uT .."Tin,, and without charge 10 the person or persons legally entitled tr a rho Such person or persons Shall . pay all Costs :,! 11 ordanon ,1 any - Ibl FMSa11N D /apaAy.Sftvrlty. Agreement- As additional security for the payment of lite Note all h.tures equipment antl other personal proparty used in connection with the real estate of rnprovemants located l hereon, and not Otherwise declared or deemed TO he a part of Thereat estate. secured hereby. shall be suD!act toasacurity setaresttn favor of the Lender under the Nebraska Uniform Commercial Code Th:sir +s!rumenlshatt ne construed assSecutty Agreement under Said Code. and The Lender shall nave all the rights and remedies of a secured party under said Code ,n ado -non to the rights and remedies created ender and accoadad the Lender pursuant to this Deed of Trust fit S*safabfsfy. In the mart Intel any provision of This Deed of Trust conlhrt with applicable law or are dficeed,nvand or olherwlseunenloncebte SuCn cool or invalidity span not affect the other p,Ihn,dns of this DeeoOI Trust or The Note which can he given PHec1ii!houl The rOnilic Ting provision. and Ir +his edit the proygeiens of the Deed of Trust and the Note are declared to be severable Borrower ha4 eenEfarad this Deed Of Truat the date wrtten .rve - _ (Rel;ltoC. Paz) '1 'ii(tJAne F. Paz) rm - M