200808234 - Laserfiche WebLink

Browse

SEP/26/200B/FRI 03: 11 PM HARDING & SCHULTZ FAX No. 402 434 3030 P. 007 200808234 would be unlawful or ifthe payment thereof would constitute usury or render the Loan wholly or partially usurious under any of the terms or provisions ofthe Credit Agreement, Note, or this Deed of Trust, or otherwise, the Be.neficiary may. at its sole option, upon thirty (30) days I written notice to the Trustor, declare the whole indebtedness secured by this Deed ofTl1lSt~ with interest thereon, to be immediately due and payable. Such taxes, assessments or other charges shall be part of the Obligations and shall be secured by this Deed of TrusL ARTICLE V DEF AUL TS. REMEDIES AND RIGHTS SEeTl ON 5.01. Events of Default. The OCCun'ence of any of the following events shall be deemed an eveIlt of default (l'Event of Defaul:l;") hereunder and shall, at the option of Beneficiary make all amounts then remaining unpaid on the Obligations immediately due and payable, all without further demand, presentment, notice or other requirements of any kind, all of which are expressly wa.ived by Trustor, and the lien, encumbrance and security interest evidenced or created hereby shall be subject to foreclosure in anYlnanner provided for herein or provided for by law and all other remedies available at law or in equity: (a) The occurrence of any Event of Default (as defined in the Credit Agreement) under the Credit Agreement; or (b) Trustor shall default in the performance Of observance of any te~ CQvenao.t Dr bondition reQu~ed to be observed by Trustor under this Deed of Trust and such default continues for thirty {3D) days after the earlier of (1) notice of such default is delivered to Trustor by the Beneficiary or ell) Trustor has actual knowledge of such default. SECTION 5.02. Fixtures. Upon the occurrence of any Event of Default, or at any time thereafter~ Beneficiary may, to the extent pennitted under appiicable la.w, elect to treat the fixtures included in the Mortgaged Property either as real property or personal property, or bo~ and proceed to exercise such rights as apply thereto. With respect to any sale of real property included in the Mortgaged Property m8.de under the power of sale herein granted and conferred, Beneficiary may, to the exteitt permitted by applicable law, include in such sale any p6rsonal property and fixtures included in the Mortgaged Property relating to such real property. SECTION 5.03. Remedies Cumulative. All notice and cure periods provided in this Deed of Trust, the Credit Agreement or any other Loan Document shall run concurrently with any notice or cure periods provided under applicable law. No remedy or right of Beneficiary or Trustee hereunder, under the Credit Agreement and any other Loan Document Or otherwise, or available under applicable law, shall be exclusive of any other right or remedy, but each such remedy or right shall be in addition to every other remedy or right now or hereafter existing at law Or in equity under any such document or under applicable law. No failure oX' delay by Beneficiary in exercising any right hereunder shall operate as a waiver thereof or of any other right nor sha.ll any single or partial exercise of any such right preclude any other further exercise thereof or of any other right. Unless otherwise specified in such waiver or consent, a waiver or consent given hereunder shall be effective only in the specific instance and for the specific purpose for which given. Every such remedy or right may be exercised concurrently or independently, and when and as often as may be deemed -13~