201108742 - Laserfiche WebLink

Browse

201108742 DEED OF TRUST Loan No: 0428844947 (Continued) Page 13 security interests securing such indebtedness and obligations, shall remain fully valid and enforceable. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust Amendments. This Deed of Trust, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the metters set forth in this Deed of Trust. No alteration of or amendment to this Deed of Trust shatl be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Annual Reports. If the Property is used for purposes other than Trustor's residence, Trustor shall fumish to Lender, upon request, a certified statement of net operating income received from the Property during Trustor's previous flscal year in such form and detail as Lender shalt require. "Net operating income" shall mean all cash receipts from the Property less all cash expenditures made in connection with the operation of the Property. Captlon Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be used to interpret or define the provisions of this Deed of Trust Merger. There shalt be no merger of the interest or estate created by this Deed of Trust with any other interest or estate in the Property at any time held by or for the benefit of Lender in any c�apacity, without the written consent of Lender. Goveming Law. This D�d of Trust will be govemed by federal law applicable to Lender and, to th� extent not preempted by fed�ral law, the laws of the State of Nebraska without regard to its conflicts of law provislons. This Deed of Trust has been acceptad by Lender in the State of Nebraska. Joint and Several Llability. All obligations of Borrower and Trustor under this Deed of Trust shall be joint and several, and all references to Trustor shall mean each and every Trustor, and all references to Borrower shall mean each and every BoROwer. This means that each Trustor signing below is responsible for all abligations in this Deed of Trust. No Wa(ver by Lend�r. Lender shall not be deemed to have waived any rights under this Deed of Trust unless such waiver is given in writing and signed by Lander. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right A waiver by Lender of a provision of this Deed of Trust shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Deed of Trust. No prior waiver by Lender, nor any course of dealing between Lender and Trustor, shell constitute a waiver of any of Lender's rights or of any of Trustor's obligations as to any future transactions. Whenever the consent of Lender is required under this Deed of Trust, the granting of such consent by Lender in eny instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. Saverability. If e court of competent jurisdiction flnds any provision of this Deed of Trust to be illegal, invalid, or unenforceable as to any person or circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other person or circumstance. If feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so modfied, it shall be considered deleted from this Deed of Trust Unless otherwise required by law, the illegality, invalidity, or unenforceability of any provision of this Deed of Trust shali not affect the legality, validiry or enforceability of any other provision of this Deed of Trust. Successors and Assigns. Subject to any IimitaUons stated in this Deed of Trust on Vansfer of Trustor's interest, this Deed of Trust shall be binding upon and inure to the benefit of the parties, their successors and assigns. If awnership of the Property becomes vested in e person other than Trustor, Lender, without notice to Trustor, may deal with Trustor's successors with reference to th(s Deed of Trust and the Indebtedness by way of forbearance or extension without releasing Trustor from the obligations of this Deed of Trust or liability under the Indebtedness. Tfine is of tho Essence. Time is of the essence in the pertortnance of this Deed of Trust. Waiver of Homestead Ex�mpUon. Trustor hereby releases and waives all rights and benefits of the homestead exemption laws of the State of Nebraska as to all Indebtedness secured by this Deed of Trust. DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Deed of Trust Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms used in the singular shall include the plural, and the plural shall include the singutar, as the context may require. Words and terms not othenivise defined in this Deed of Trust shall have the meanings attributed to such terms in the Uniform Commerciat Code: Beneflciary. The word "Beneficiary" means Wells Fargo Bank, National Association, and its successors and assigns. Bonower. The word "BorroweP' means B.P. Oil, LLC and inGudes all co-slgners and co-makers signing the Note and all their successors and assigns. Deed of Trust The words "Deed of TrusY' mean this Deed of Trust among Trustor, Lender, and Trustee, and inGudes without limitation all assignment and security interest provisions relating to the Personal Property and Rents.