Laserfiche WebLink
W%/ vv41JOW A0, <br />16. Option to Foreclose. Upon the occurrence of any default hereunder. Beneficiary shall have the option to <br />foreclose this Deed of Trust in the manner provided ov law for the foreclosure of mortgages on real property. <br />17. Forebearance by Beneficiary or Trustee Not a Waiver. Any forebearance by Beneficiary or Trustee in <br />exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or pre- <br />clude the exercise of any such right or remedy hereunder. Likewise, the waiver by Beneficiary or Trustee of any <br />defauh of Trustor under this Deed of Trust shall not be deemed to be a waiver of any other or similar defaults <br />subsequently occurring. <br />16. Trustor Not Released. Extension of the time for payment or modification or amortization of the sums <br />secured by this Deed of Trust granted by Beneficiary to any successor in interest of Trustor shall not operate to <br />release, in any manner, the liability of the original Trustor and Trustor's successor in interest Beneficiary shall <br />not be required to commence proceedings against such successor or refuse to extend time for payment or other- <br />wise modify amortization of the sums secured by this Deed of Trust by reason of any demand made by the original <br />Trustor and Trustorrs successors in interest. <br />19. Beneficiary's Powers. Without affecting the liability of the Trustor or any other person liable for the <br />payment of any obligation herein mentioned, and without affecting the lien or charge of this Deed of Trust upon <br />any portion of the Property not then or theretofore released as security for the full amount of all unpaid obligations, <br />Beneficiary may, from time to time and without notice (i) release any person so liable, (ii) extend the maturity or <br />alter any of the terms of any such obligations, (iii) grant other indulgences, (iv) release or retxmvtry, or cause to be <br />released or recorweyed at arty time at Beneficiary's options any parcel, portion or all of the Property, (v) take or <br />release any other or additional security for any obligation herein mentioned, or (vi) make compositions or other <br />arrangements with debtors in relation thereto. <br />20. Reconveyance by Trustee. Upon written request of Beneficiary stating that all sums secured hereby have <br />been paid, and upon surrender of this Deed of Trust and the Note to Trustee for cancellation and retention and <br />upon payment by Trustor of Trustees fees, Trustee shall reconvey to Trustor, or the person or persons Irgally <br />entitled thereto, without warranty, any portion of the Property then held hereunder. The recitals in such recon- <br />veyanee of any matters or facts shall be conclusive proof of the truthfulness thereof. The grantee in any reconvey- <br />ance may be described as "the person or persons legally entitled thereto ". <br />21. Notices. Except for any notices, demands, requests or other communications required under applicable <br />law to be given in another manner, whenever Beneficiary. Trustor or Trustee gives or serves any notice (including, <br />without limitation, notice of default and notice of sale), demands, requests or other communication with respect <br />to this Deed of Trust, each such notice, demand, request or other communication shall be in writing and shall be <br />effective only if the same is delivered by personal service or mailed by certified mail, postage prepaid, return rtceipt <br />requested, addressed to the address as set forth at the beginning of this Deed of Trust. Trustor hereby requests <br />that a copy of any notice of default, any notice of sale, required or permitted to be given the Trustor hereunder, <br />be mailed to it in the address set forth at the beginning of this Deed of Trust Any party may at any time clsange <br />its address for such notices by delivering or mailing to the other parties `)ereto, as aforesaid, a notice of such change. <br />Any notice hereunder shall be deemed to have been given to Trustor or Beneficiary, when given in the manner <br />designated hereirL <br />22. Go'ernino Law. This Deed of Trust shall be governed by the lavws of the State of Nebraska. <br />23. Successors and Assigns. This Deed of Trust and all terms, conditions and obligations herein apply to and <br />inure to the benefit of and bind all parties hereto, their heirs, legatees, devisees, personal representatives, Successors <br />and assigns The term "Beneficiary" shall mean the owner and holder of the Note, whether or not named as Sene- <br />ficiary herein, <br />24. Joint and Several Liability. All covenants and agreements of Trustor shall be joint and several. <br />25. Severability. In the event any one or more of the provisions contained in this Deed of Trust, or the <br />Note or any other security instrument given in connection with this transaction shall for any reason be held to be <br />invalid, illegal or unenforceable in any respect, such invalidity, illegality, or unenforceability shall, at the option of <br />Beneficiary, not affect. any other provision of this Deed of Trust, but this Deed of Trust shall be construed as if such <br />invalid, illegal, or unenforceable provision had never been contained herein or therein, if the lien of this Deed of <br />Trust is invalid or unenforceable as to any part of the debt, or if the lien is invalid or unenforceable as to any part <br />of the Property, the unsecured or partially secured portion of the debt shall be completely paid prior to the pay- <br />ment of the remaining and secured or partially secured portion of the debt, and all payments nt ®Ce on he debt, <br />whether voluntary or under foreclosure or other enforcement action or procedure, shall be considerec to have been <br />first paid on and applies to the full payment of that portion of the debt which is not secured or rot fully secured <br />by the lien of this Deed of Trust. <br />26. Number s^d Gender. Whenever used herein, the singular number shall incluve the cal, the plural, <br />the singular, and the use of any gender shall be applicable to all genders. ## <br />27. Acceptance by Trustee. Trustee accepts this Trust when this Gerd of Trvsf, duly e%rvted and ac <br />knowledged, is made a pubiic record as provided by law. <br />u <br />