201008588 - Laserfiche WebLink

Browse

201008588 Beneficiary, at its option, at the request of, and to or for the account of Trustor(s), the parties liable under the Note(s) or any of them, for any purpose, plus interest thereon, all payable according to the terms af th� Note(s) or other instrument(s) modifying the same. E3ene�ciary is the Lender under the Note(s). Date of Note(s) Principal Amount Npvember 17, 2010 187,000.00 Provided, however, that the total principal indebtedness outstanding and secured hereby at any one time will not exceed the Sum of pne Hundred Eighty sev�n Thousand and nd/10o . ,($ �. s 7, o 0 0. o o ), exclusive of interest and protective advances authorized herein or in the loan agreement(s); provided further, that THIS PARAGF2APH SHALL NOT CONSTITUTE A COMMITMENT TO MAKE FURTH�R OR ADDITIONAL ADVANCES IN ANY AMOUNT A7 ANY TIME, WHETHER OR NOT THE TOTAL PRINGII'AL IND�BT�bNESS ABOVE HAS BEEN ADVANGED, This Trust C7eed will be due pecember ist, zo�o Trustor(s) hereby warrants that Trustor(s) holds fee simple title to the above described property, that Trustor(s) has good and lawful authority to deed and encumber the same, that the property is free and clear of all liens and encumbrances, except encumbrances of record, and that Trustor(s) will warrant and defend the praperty, at Trustor(s) expense, against all claimants whomsoever. Trustor(s) also hereby waives and relinquishes all rights of dower, hamestead, distributive share, and exemption in and to the above described praperty. 7rustor(s) and each of them further cavenants and agrees with Beneficiary as follows: 1. To pay all liens, judgments, or other assessments against the property, and to pay when due all assessments, taxes, rents, fees, or charges upon the property or under any lease, permit, license, or privilege assigned to Beneficiary as additional security to this Trust Deed, including those in or on public domain. 2. To insure and keep insured buildings and other improvements including fixtures and attachments now on or hereafter placed on the property to the satisfaction of Beneficiary. 5uch insurance will b� approved by and deposited with Beneficiary, and endorsed with loss payable clause to Beneficiary. Any sums sp received by Beneficiary may be used to pay for reconstructian of the d�stroyed improvements or if not so applied may be applied, at the option of Beneficiary, in payment of any indebtedness matured or unmatured secured by this Trust Deed. Such insurance will be in an amount at least equal to the lesser nf the loan balance, the actual cash value vf the collateral, ar the replacement cost of the prpperty, and will at a minimum, cav�r losses caused by fire, lightning, explosion, riot, aircraft, vehicles, vandalism, civil commation, smoke, windstorm, and hail. 7rustar(s) will obtain and keep fload insurance in farce to cov�r losses by flood as required by Beneficiary and by th� National Flood Insurance Act of 1968, as amended, and by regulations implementing the same. Trustor(s) further agree that Beneficiary is not and will not be liabl� fqr any failure by Trustor(s) pr by any insur�r, for whatever reasnn, to obtain and kesp this insurance in force. 3. To keep all buildings, fixtures, attachments, and other improvements now on or hereafter placed on the property occupied and in good repair, maintenance, and condition and to neither commit nor permit any acts pf waste or any impairm�nt nf the value af the property. Beneficiary may enter upon the prop�rty to inspect the same or tn perform any acts authorized herein or in th� credit agreement(s). 4. In the event Trustor(s) fails to pay any liens, judgments, assessments, taxes, rents, fees, or charges or maintain any insurance on the property, buildings, fixtures, attachments, or improvements as provided herein or in the loan agreement(s), Beneficiary, at its aption, may make such payments or provide insurance, maintenance, or repairs and any amounts paid therefor will become part of the principal indebtedness secured hereby, be immediately due and payable and bear interest at the default rate provided in the Note(s) from the date of payment until paid. The advancement by Beneficiary of any such amounts will in no manner limit the right of Beneficiary to declare Trustor(s) in default or exercise any of Beneficiary's ath�r rights and remedies. 5. In the event Beneficiary is a party to any litigation affecting the property ar the lien of this Trust D�ed, including any action by Beneficiary ta enforce this Trust Deed or any suit in which Ben�ficiary is named a defendant (including condemnation and bankruptcy proceedings) Beneficiary may incur expenses and advance payments for abstract fees, attorneys fess (tn the extent allqwed by law), costs, expenses, appraisal fees, and other charges and any amounts so advanced will become part of the principal indebt�dness s�cured hereby, be immediately due and payable and bear interest at the default rate provided in the Note(s) from the date of advance until paid. 6. Any awards made to Trustor(s) or their successors by the exercise of eminent domain are hereby assigned to Beneficiary; and Beneficiary is hereby authorized to collect and apply the same in payment of any indebtedness, mature or unmatured, secured by this T"rust Deed. 7. In the event of default in the payment when due of any sums secured hereby (principal, interest, advancements, or protective advances), or failure to perform or observ� any covenants and conditions contained herein, in the Note(s), or any other instruments, or any proceedings is brought under any Bankruptcy laws, Beneficiary, at its option, may declare the entire indebtedness secured hereby to be immediately due and payable and the whole will bear interest at the default rate as provided in the Nnte(s) and B�neficiary may immediately authorize Trustee to exercise the Power of Sale granted herein in the manner provided in th� Nebraska Trust Deeds Act, or, at the option of the Beneficiary, may foreclose this Trust Deed in the manner provided by law for the foreclasure of mortgages on real property, including the appointment of a Receiver upon ex parte application, notice being hereby expressly waived, without regard to the value of the property or the sufficiency thereof to discharge the