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201305312 <br />7. CLAIMS AGAINST TITLE. Grantor will pay all taxes, assessments, liens, encumbrances, <br />lease payments, ground rents, utilities, and other charges relating to the Property when due. <br />Lender may require Grantor to provide to Lender copies of all notices that such amounts are due <br />and the receipts evidencing Grantor's payment. Grantor will defend title to the Property against <br />any claims that would impair the lien of this Security Instrument. Grantor agrees to assign to <br />Lender, as requested by Lender, any rights, claims or defenses Grantor may have against <br />parties who supply labor or materials to maintain or improve the Property. <br />8. DUE ON SALE OR ENCUMBRANCE. Lender may, at its option, declare the entire balance of <br />the Secured Debt to be immediately due and payable upon the creation of, or contract for the <br />creation of, any lien, encumbrance, transfer or sale of all or any part of the Property. This right <br />is subject to the restrictions imposed by federal law (12 C.F.R. 591), as applicable. <br />9. WARRANTIES AND REPRESENTATIONS. Grantor has the right and authority to enter into <br />this Security Instrument. The execution and delivery of this Security Instrument will not violate <br />any agreement governing Grantor or to which Grantor is a party. <br />10. PROPERTY CONDITION, ALTERATIONS, INSPECTION, VALUATION AND APPRAISAL. <br />Grantor will keep the Property in good condition and make all repairs that are reasonably <br />necessary. Grantor will not commit or allow any waste, impairment, or deterioration of the <br />Property. Grantor will keep the Property free of noxious weeds and grasses. Grantor agrees <br />that the nature of the occupancy and use will not substantially change without Lender's prior <br />written consent. Grantor will not permit any change in any license, restrictive covenant or <br />easement without Lender's prior written consent. Grantor will notify Lender of all demands, <br />proceedings, claims, and actions against Grantor, and of any loss or damage to the Property. <br />Lender or Lender's agents may, at Lender's option, enter the Property at any reasonable time <br />and frequency for the purpose of inspecting, valuating, or appraising the Property. Lender will <br />give Grantor notice at the time of or before an on -site inspection, valuation, or appraisal for <br />on -going due diligence or otherwise specifying a reasonable purpose. Any inspection, valuation <br />or appraisal of the Property will be entirely for Lender's benefit and Grantor will in no way rely <br />on Lender's inspection, valuation or appraisal for its own purpose, except as otherwise provided <br />by law. <br />11. AUTHORITY TO PERFORM. If Grantor fails to perform any duty or any of the covenants <br />contained in this Security Instrument, Lender may, without notice, perform or cause them to be <br />performed. Grantor appoints Lender as attorney in fact to sign Grantor's name or pay any <br />amount necessary for performance. Lender's right to perform for Grantor will not create an <br />obligation to perform, and Lender's failure to perform will not preclude Lender from exercising <br />any of Lender's other rights under the law or this Security Instrument. If any construction on <br />the Property is discontinued or not carried on in a reasonable manner, Lender may take all steps <br />necessary to protect Lender's security interest in the Property, including completion of the <br />construction. <br />12. ASSIGNMENT OF LEASES AND RENTS. Grantor irrevocably assigns, grants, conveys to <br />Lender as additional security all the right, title and interest in the following (Property): existing <br />or future leases, subleases, licenses, guaranties and any other written or verbal agreements for <br />the use and occupancy of the Property, including any extensions, renewals, modifications or <br />replacements (Leases); and rents, issues and profits (Rents). In the event any item listed as <br />Leases or Rents is determined to be personal property, this Assignment will also be regarded as <br />a security agreement. Grantor will promptly provide Lender with copies of the Leases and will <br />certify these Leases are true and correct copies. The existing Leases will be provided on <br />execution of the Assignment, and all future Leases and any other information with respect to <br />these Leases will be provided immediately after they are executed. Grantor may collect, <br />receive, enjoy and use the Rents so long as Grantor is not in default. Upon default, Grantor will <br />receive any Rents in trust for Lender and Grantor will not commingle the Rents with any other <br />funds. Grantor agrees that this Security Instrument is immediately effective between Grantor <br />and Lender and effective as to third parties on the recording of this Assignment. As long as <br />this Assignment is in effect, Grantor warrants and represents that no default exists under the <br />Leases, and the parties subject to the Leases have not violated any applicable law on leases, <br />licenses and landlords and tenants. <br />13. 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 fails 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 />MICHAEL <br />�J7 WAGONER <br />R WAGONER <br />Nebraska Deed Of Trust <br />NE/ 4XJWILSON000000000006 5403 606 25 1 3N Wolters Kluwer Financial Services 0 1996, 2013 Bankers Page 3 <br />SystemsTM <br />