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~ ~ <br />DEED OF TRUST <br />Loan No: OIb000001D1$ (Continued) ~ ~ 1(~ ~ 4 3 Q ~ Page 7 <br />Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. In addition to the rights and remedies set <br />forth above, with respect to all or any part of the Property, the Trustee shall have the right to foreclose by notice and sale, and Lender <br />shall have the right to foreclose by judicial foreclosure, in either case in accordance with and to the full extent provided by applicable <br />law. <br />Successor Trustee. Lender, at Lender's option, may from time to time appoint a successor Trustee to any Trustee appointed under <br />this Deed of Trust by an instrument executed and acknowledged by Lender and recorded in the office of the recorder of HALL County, <br />State of Nebraska. The instrument shall contain, in addition to all other matters required by state law, the names of the original <br />Lender, Trustee, and Trustor, the book and page (or computer system reference) where this Deed of Trust is recorded, and the name <br />and address of the successor trustee, and the instrument shall be executed and acknowledged by all the beneficiaries under this Deed <br />of Trust or their successors in interest. The successor trustee, without conveyance of the Property, shall succeed to all the title, <br />power, and duties conferred upon the Trustee in this Deed of Trust and by applicable law. This procedure for substitution of Trustee <br />shall govern to the exclusion of all other provisions for substitution. <br />NOTICES. Any notice required to be given under this Deed of Trust, including without limitation any notice of default and any notice of <br />sale shall be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise <br />required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as <br />first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust. All <br />copies of notices of foreclosure from the holder of any lien which has priority over this Deed of Trust shall be sent to Lender's address, as <br />shown near the beginning of this Deed of Trust. Any party may change its address for notices under this Deed of Trust by giving formal <br />written notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes, Trustor <br />agrees to keep Lender informed at all times of Trustor's current address. Unless otherwise provided or required by law, if there is mare <br />than one Trustor, any notice given by Lender to any Trustor is deemed to be notice given to all Trustors. <br />OTHER DEFAULTS. The "Other Defaults" paragraph in the EVENTS OF DEFAULT section is hereby deleted in its entirety and is re-stated as <br />follows: <br />Trustor fails to comply with or to perform any other term, obligation, covenant or condition contained in or a default occurs under this Deed <br />of Trust or in any of the Related Documents or to comply with or tp perform any term, obligation, covenant or condition contained in any <br />other agreement between Lender and Trustor or a termination event shall occur under, and as defined in, any Swap Contract. <br />FUTURE ADVANCES. In addition to the Note and the Interest Rate Protection Agreement between Trustor and Lender, this peed of Trust <br />secures all future advances made by Lender to Trustor and Swap Contracts beiween Trustor and Lender whether or not the advances or <br />Swap Contracts are made pursuant to a commitment. Specifically, without limitation, this Deed of Trust secures, in addition to the <br />amounts specified in the Note, all future amounts Lender in its discretion may loan to Trustor, together with all interest thereon. <br />INDEBTEDNESS. The "Indebtedness'" paragraph in the Definitions section is hereby deleted in its entirety and is re-stated as follows: <br />The word "Indebtedness" means all principal, interest, and other amounts, casts and expenses payable under the Note or Related <br />Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or Related <br />Documents and any amounts expended or advanced by Lender to discharge Trustor's obligations or expenses incurred by Trustee or <br />Lender to enforce Trustor's obligations under this Deed of Trust, together with interest on such amounts as provided in this Deed of Trust. <br />Specifically, without limitation, Indebtedness includes the future advances set forth in the Future Advances provision of this Daed of Trust, <br />together with all interest thereon. <br />DELETED AND RESTATED PARAGRAPH. <br />The following paragraph located on page one of this Deed of Trust is hereby deleted in its entirety: <br />THIS DEED OF TRUST, INGLUDING THE ASSIGNMENT OF RENTS AND THE SEGURITY INTEREST IN THE RENTS AND PERSONAL <br />PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS, (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS OF THE <br />TRUSTOR UNDER THE NOTE, THE RELATED DOCUMENTS, AND TWIS DEED OF TRUST. THIS DEED OF TRUST 15 GIVEN AND <br />ACCEPTED QN THE FOLLOWING TERMS: <br />and is re-stated as follows: <br />THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL <br />PROPERTY, 15 GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS <br />UNDER THE NOTE, THE RELATEp DOCUMENTS, AND TH15 DEED OF TRUST. THE AMOUNT OF PAYMENTS DUE TO THE BENEFICIARY <br />8Y THE TRUSTOR PURSUANT TO SWAP CONTRACTS, AND ACCORDINGLY THE AMOUNT SECURED BY THIS DEED OF TRUST, WILL <br />VARY FROM TIME TO TIME AS A RESULT OF FLUCTUATIONS IN THE INTEREST RATE MARKET5. THIS DEED OF TRUST 15 GIVEN AND <br />ACCEPTED ON THE FOLLOWING TERMS. <br />RELATED pOCUMENTS. The "Related Documents" paragraph in the Definitions section is hereby deleted in its entirety and is re-stated as <br />follows: <br />The words "Related Documents" mean all prpmissvey notes, credit agreements, loan agreements, environmental agreements, guaranties, <br />security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, Swap Contracts that provide they are secured <br />hereby, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the <br />Indebtedness. <br />SWAP CONTRACT. The words "Swap Contract" mean any interest rate, credit, commodity or equity swap, cap, floor, collar, forward, <br />foreign exchange transaction, currency swap, cross currency swap, currency option, securities puts, calls, collars, options or forwards or <br />any combination of or option with respect to, the foregoing or similar transactions now or hereafter entered into between Lender and <br />Trustor. <br />INTEREST RATE PROTECTION AGREEMENT. The words "Interest Rate Protection Agreement" mean a Swap Contract in a notional amount <br />of $2,522,448.66 evidenced by a confirmation dated as of May 18, 2010. <br />