|
201100111
<br />(b) the receipt by Trustor of any notice or• other comamunication frorn any governmental entity or
<br />autharity or from any tenants or other occupant or from any other person or source with respect to
<br />any alleged or actual rclease, contamination ar ot�,er event involving a hazardous substance on, in,
<br />under, onta, or from the Pre:mises, and �
<br />(c) shall promptly send Trustee copies of all results of tests of underground storage tatilcs at the
<br />Prem�ises.
<br />13. A.PPOINTMENT OF SUCCESSOR TRUSTEE. Beneficiary may, from time to time, by a
<br />written ins�ent executed and acknowledged by Beneficiary, mailed to Trustor and recorded in the caunry vr
<br />counties in which th� Pmperty is located and by otherwise complying with the provisions af the applicable laws of
<br />the state of Nebraska, substitute a successor or successors to the Trustee named herein or acting hereunder.
<br />14. INSPECTIONS. Beneficiary, or its agents, representatives, or employees, are suthorized to enter
<br />at any reasonable time and in accordance with the te�ns of existing leases and the Nebraska Landlord Tenant Act
<br />upon or in an�y part of the Property For the purpose of inspecting the same and for the purpose af parformiug any of
<br />the acts it is authori2sd to perform under the terms of the Tnist Deed,
<br />15. OFTION TO FORECLOSURE. LTpon thc occurrence o£ any breach and upon the declaration of
<br />default hercunder, Beneflciary sha11 have the option to foreclos� this Trust Deed in the manner provided by law for
<br />the fareclosure of trust deeds on real property.
<br />16. FORBEARANCE SY BEN��'ICIARY OR TRUSTEE NUT A WAIVER. An.y forbearance
<br />by Bcneficiary vr Trustee in exercising any right or remedy hereunder, or otherwise affarded by applicable law;
<br />shall not be a waiver of or preclude t}ie exercise of any such right or remedy. Likewise, the vvaiver by Beneficiary
<br />or Trustee of any default of Trustor under this Trust Deed shall not be deemed to be a waiver of any other or similar
<br />defaults subsequently occurring.
<br />17. BEIV�FICIARY'S POWERS. Without affecting or reteasing the liability of the Trustor or any
<br />other persan liable �vr the payment of any obligation herein mentioned, and withaut affecting the lien or charge of
<br />this Trust Deed upon any poxtion nF the Property. BEneficiary rnay, from kime to time and without notice at t�ae
<br />request of one or more Trustors, (i) release any person liable, (ii) extend or renew the maturity or alter any of the
<br />terms of any such obligations, (iii) grant other indulgences, (iv) release or reconvey, or cause. to be released or
<br />reconveyed, at any time at Beneficiaty's option any parcel or all af the Property, (v) take or rclease any other or
<br />additional security for any obligation herein mentioned, (vi) mialce settlements or other arrangements with Trustor in
<br />relation theretv. All TrusWrs shall be jointly and severally obligated and bound by ths actaons of the Beneficiary or
<br />any one or more Trustor as stated in this paragraph.
<br />19. ATTORNEY FEES, COSTS, AND EXPEN5�S. The Beneficiary of this Trust Deed is entitled
<br />to the payment of attorneys' fees, costs, and expenses as provided in. this Trust Deed, except as othexwise prohibited
<br />by law.
<br />19. RECUNVEYANCE SY TRLTSTEE, Upon written requcst of Beneficiary and u�on payment by
<br />'Y'rustor of Tnutce's fees, Trustee shall reconvey to Trustar, or tha person or persons legally entitled thereto, without
<br />war,ranty, any portion of the Property then held hereunder. Recitals in such reconveyance of any matters or facts
<br />shall be conclusive proof of the truthfiilness thereof. The grantee in any reconveyance may be descraibed as "the
<br />person or persons legalIy entitted thereto."
<br />20. NOTICES. Except far notices, demands, requests, or other communications required under
<br />applicable law to be given in anotl�er manner, whenever Seneficiary, Trustor or Trustee gives or serves any r�otice
<br />(including, without limitation, notiee of dsfault and notice of sale), demands, requests, or other comnczunication with
<br />respect to this Trust Decd, each such notice, demand, request, or other communication shalt be in wriring and shall
<br />be effective only if the sano�� is detivered by personal service or is mailed by ceRi�ed mail, postage prepaid,
<br />addressed to the address as set forth at t}�e beginning of this Trust Deed. .Any party may at any time change its
<br />address for such notices by delivering or mailing to the other party hereto, as aforesaid, a notice of such change.
<br />Any norice hereunder shall be de�med to b�ave been given to Trustor or Beneficiary, when given in the manner
<br />designated herein.
<br />2i. REQUEST FOR NOTICE. Trustor and Beneficiary hereby request a copy of any notice af
<br />default, and a copy of any notice of sale thereundex, be mailed to each p�son who is a party hereto at the address for
<br />such person set forth in the first paragraph of this Trust Deed.
<br />ZZ. GOVERNING LAW. . This Trust Deed shall be governed by the laws of thc state of Nebraska.
<br />23. SUCCESSORS AND ASSIGNS. This Tntst Deed, and all terms, conditions, and obligations
<br />herein, apply to and inure to the bene�it of and binds all partaes hereto, their heirs, legatees, devisees, personal
<br />representatives, successors, and assigns. Th� term "Bene�ciary" shall mean the owner and holder of the Note,
<br />whether or not named as Beneficiary herein.
<br />24. JOINT AND SEVE�tAL LIABILITY. All cavenants and agreements of Trustor sha11 be jaint
<br />and several.
<br />Z5. SEVERABIL�TY. In the event of any o�xe or more of the provisions contsined in this Trust Deed
<br />or tlxe Note or any other secutity instrument given i.0 connection with this transaction shall for any reason be invalid,
<br />illegal, or un�nforceable in any respect, such invalid�ty, illegality, or unenforceability shall, at the option of
<br />{1324410.2}
<br />
|