Laserfiche WebLink
$5-- -00599" <br />16. APPOINTMENT OF SUCCESSOR TRUSTEE. Beneficiary may, from time to <br />time, by a written instrument executed and acknowledged by Beneficiary, <br />mailed to Trustor and recorded in the County in which the Trust Estate is <br />located and otherwise complying with the provisions of the applicable law <br />of the State of Nebraska substitute a successor or successors'to the <br />Trustee named herein or acting hereunder. <br />17. INSPECTIONS. Beneficiary, or its agents, representatives or <br />workmen, are authorized to enter at any reasonable time upon or-in any part <br />of the Trust Estate for the purpose of inspecting the same and for the <br />purpose of performing any of the acts it is authorized to perform under the <br />terms of any of the Loan Instruments. <br />18. GOVERNING LAW. This Deed of Trust shall be governed by the laws of <br />the State of Nebraska. In the event that any provision or clause of any of <br />the Loan Instruments conflicts with the applicable laws. such conflicts <br />shall not affect other provisions of such Loan Instruments which can be <br />given effect without the conflicting provision, and to this end the <br />provisions of the Loan Instruments are declared to be severable. This <br />instrument cannot be waived, changed, discharged or terminated orally, but <br />only by an instrument in writing signed by the party against whom <br />enforcement of any waiver, change, discharge or termination is sought. <br />19. BENEFICIARY'S POWERS. Without affecting the liability of any other <br />person liable for the payment of any obligation herein mentioned, and <br />without affecting the lien or charge of this Deed of Trust upon any portion <br />of the Property not then or theretofore released as security for the full <br />amount of all unpaid obligations, Beneficiary may, from time to time and <br />without notice (i) release any person so liable, (ii) extend the maturity <br />or alter any of the terms of any such obligations, (iii) grant other <br />indulgences, (iv) release or reconvey, or cause to be released or <br />reconveyed at any time at Beneficiary's opt,.ons any parcel, portion or all <br />of the Trust estate, (v) take or release any other or additional security <br />for any obligation herein mentioned, or (vi) make compositions or other <br />arrangements with debtors in relation thereto. <br />20. APPOINTMENT OF RECEIVER. If an event of default described in Para- <br />graph 7 of this Deed of Trust shall have occurred and be continuing, <br />Beneficiary, as a matter of right and without notice to Trustor or anyone <br />claiming under Trustor, and without regard to the then value of the Trust <br />Estate or the interest of Trustor therein, shall have the right to apply to <br />any court having jurisdiction to appoint a receiver or receivers of the <br />Trust Estate, and Trustor hereby irrevocably consents to such appointment <br />and waives notice of any application therefor. <br />21. INVALIDITY OF CERTAIN PROVISIONS. A. If the lien of this Deed of <br />Trust is invalid or unenforceable as to any part of the debt, or if the <br />lien is invalid or unenforceable as to any part of the Trust Estate, the <br />unsecured or partially secured portion of the debt shall be completely paid <br />prior to the payment of the remaining and secured or partially secured <br />portion of the debt, and all payments made on the debt, whether voluntary <br />or under foreclosure or other enforcement action or procedure, shall be <br />considered to have been first paid on and applied to the full payment of <br />that portion of the debt which is not secured or fully secured by the lien <br />of this Deed of Trust. <br />B. This form of deed of trust combines uniform covenants for national <br />use and non - uniform covenants with limited variations by jurisdiction to <br />constitute a uniform security instrument covering real property. This Deed <br />of Trust shall be governed by the law of the jurisdiction in which the <br />Property is located. In the event that any provision or clause of this <br />Deed of Trust or the Note conflicts with applicable law, such conflict <br />shall not affect other provisions of this Deed of Trust or the Note which <br />can be given effect without the conflicting provision, and to this end the <br />Lprovision of the Deed of Trust and the Note is declared to be severable. , <br />R <br />