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201214)862 <br />parties subject to the Leases have not violated any applicable law on leases, licenses and <br />landlords and tenants. Grantor, at its sole cost and expense, will keep, observe and perform, <br />and require all other parties to the Leases to comply with the Leases and any applicable law. If <br />Grantor or any party to the Lease defaults or fails to observe any applicable law, Grantor will <br />promptly notify Lender. If Grantor neglects or refuses to enforce compliance with the terms of <br />the Leases, then Lender may, at Lender's option, enforce compliance. Grantor will not sublet, <br />modify, extend, cancel, or otherwise alter the Leases, or accept the surrender of the Property <br />covered by the Leases (unless the Leases so require) without Lender's consent. Grantor will <br />not assign, compromise, subordinate or encumber the Leases and Rents without Lender's prior <br />written consent. Lender does not assume or become liable for the Property's maintenance, <br />depreciation, or other losses or damages when Lender acts to manage, protect or preserve the <br />Property, except for losses and damages due to Lender's gross negligence or intentional torts. <br />Otherwise, Grantor will indemnify Lender and hold Lender harmless for all liability, loss or <br />damage that Lender may incur when Lender opts to exercise any of its remedies against any <br />party obligated under the Leases. <br />14. DEFAULT. Grantor will be in default if any of the following events (known separately and <br />collectively as an Event of Default) occur: <br />A. Payments. Grantor or Borrower fail to make a payment in full when due. <br />B. Insolvency or Bankruptcy. The death, dissolution or insolvency of, appointment of a <br />receiver by or on behalf of, application of any debtor relief law, the assignment for the <br />benefit of creditors by or on behalf of, the voluntary or involuntary termination of existence <br />by, or the commencement of any proceeding under any present or future federal or state <br />insolvency, bankruptcy, reorganization, composition or debtor relief law by or against <br />Grantor, Borrower, or any co- signer, endorser, surety or guarantor of this Security <br />Instrument or any other obligations Borrower has with Lender. <br />C. Death or Incompetency. Grantor dies or is declared legally incompetent. <br />D. Failure to Perform. Grantor fails to perform any condition or to keep any promise or <br />covenant of this Security Instrument. <br />E. Other Documents. A default occurs under the terms of any other document relating to <br />the Secured Debts. <br />F. Other Agreements. Grantor is in default on any other debt or agreement Grantor has with <br />Lender. <br />G. Misrepresentation. Grantor makes any verbal or written statement or provides any <br />financial information that is untrue, inaccurate, or conceals a material fact at the time it is <br />made or provided. <br />H. Judgment. Grantor fails to satisfy or appeal any judgment against Grantor. <br />I. Forfeiture. The Property is used in a manner or for a purpose that threatens confiscation <br />by a legal authority. <br />J. Name Change. Grantor changes Grantor's name or assumes an additional name without <br />notifying Lender before making such a change. <br />K. Property Transfer. Grantor transfers all or a substantial part of Grantor's money or <br />property. This condition of default, as it relates to the transfer of the Property, is subject to <br />the restrictions contained in the DUE ON SALE section. <br />L. Property Value. Lender determines in good faith that the value of the Property has <br />declined or is impaired. <br />M. Erosion. Any loan proceeds are used for a purpose that will contribute to excessive <br />erosion of highly erodible land or to the conversion of wetlands to produce or make possible <br />the production of an agricultural commodity, as further explained by federal law. <br />N. Insecurity. Lender determines in good faith that a material adverse change has occurred <br />in Borrower's financial condition from the conditions set forth in Borrower's most recent <br />financial statement before the date of this Security Instrument or that the prospect for <br />payment or performance of the Secured Debts is impaired for any reason. <br />15. REMEDIES. On or after the occurrence of an Event of Default, Lender may use any and all <br />remedies Lender has under state or federal law or in any document relating to the. Secured <br />Debts, including, without limitation, the power to sell the Property. Any amounts advanced on <br />Grantor's behalf will be immediately due and may be added to the balance owing under the <br />Secured Debts. Lender may make a claim for any and all insurance benefits or refunds that <br />may be available on Grantor's default. <br />Subject to any right to cure, required time schedules or any other notice rights Grantor may <br />have under federal and state law, Lender may make all or any part of the amount owing by the <br />terms of the Secured Debts immediately due and foreclose this Security Instrument in a manner <br />provided by law upon the occurrence of an Event of Default or anytime thereafter. <br />MICHAEL J VOSS <br />Nebraska Deed Of Trust Initials <br />NE/ 4LRUDICHA00000000000648044 1 2 1 4 1 2N Wolters Kluwer Financial Services ©1996, 2012 Bankers Page l�v <br />SystemsTM <br />