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� ; `i �� �} �k ��:0.00�'�D 1 � <br /> ', of title to Lender or any disposition by Lender of any or all of the Property. Any claims and defenses to the : <br /> contrary are hereby waived. <br /> 18. CONDEMNATION. Grantor will give Lender prompt notice of any pending or threatened action by private or <br /> public entities to purchase or take any or all of the Property through condemnation, eminent domain, or any <br /> other means. Grantor authorizes Lender to intervene in Grantor's name in any of the above described actions or <br /> claims. Grantor assigns to Lender the proceeds of any award or claim for damages connected with a <br /> condemnation or other taking of all or any part of the Property. Such proceeds will be considered payments and <br /> will be applied as provided in this Security Instrument. This assignment of proceeds is subject to the terms of <br /> any prior mortgage, deed of trust, security agreement or other (ien document. <br /> 19. INSURANCE. Grantor agrees to keep the Property insured against the risks reasonably associated with the <br /> Property. Grantor will maintain this insurance in the amounts Lender requires. This insurance will last until the <br /> Property is released from this Security Instrument. Grantor may choose the insurance company, subject to : <br /> Lender's approval, which will not be unreasonably withheld. <br /> All insurance policies and renewals will include a standard "mortgage clause" and, where applicable, "loss payee <br /> clause." If required by Lender, Grantor agrees to maintain comprehensive general liability insurance and rental <br /> loss or business interruption insurance in amounts and under policies acceptable to Lender. The comprehensive <br /> general liability insurance must name Lender as an additional insured. The rental loss or business interruption <br /> insurance must be in an amount equal to at least coverage of one year's debt service, and required escrow <br /> account deposits (if agreed to separately in writing.l <br /> Grantor will give Lender and the insurance company immediate notice of any loss. All insurance proceeds will be <br /> applied to restoration or repair of the Property or to the Secured Debts, at Lender's option. If Lender acquires <br /> the Property in damaged condition, Grantor's rights to any insurance policies and proceeds will pass to Lender to <br /> the extent of the Secured Debts. <br /> Grantor will immediately notify Lender of cancellation or termination of insurance. If Grantor fails to keep the <br /> Property insured Lender may obtain insurance to protect Lender's interest in the Property. This insurance may <br /> indude coverages not originally required of Grantor, may be written by a com�any other,t�,i�n one Grantor would <br /> choose, and may be written at a higher rate than Grantor could obiain if Grai�.tof�urcbased fhe insurance. <br /> 20. ESCROW FOR TAXES AND INSURANCE. Grantor will not be reqvr��l,=t�b'�tp�y�tQ:.Lender funds for taxes and <br /> insurance in escrow. • ' _ <br /> k .,......�......�.,..•.,ir+�r.r.•.r.t.�.w.r...,,w, . ..,. , <br /> 21. CO-SIGNERS. If Grantor signs this Security Instrument but d�es r�ot sign the Secured l�ebts, Grartar does <br /> so only to convey Grantor's interest in the Property to secure payment of the Secured Debls and Grantoi does <br /> not agree to be personally liable on the Secured Debts. If this Security Instrument secures a guaranty betv�een <br /> Lender and Grantor, Grantor agrees to waive any rights that may prevent Lender from �ringing any action or <br /> claim against Grantor or any party indebted under the obligation. These rights may include, �ut �re not limited <br /> to, any anti-deficiency or one-action laws. <br /> 22. SUCCESSOR TRUSTEE. Lender, at Lender's option, may from tima to time remove Trustee and a�point a <br /> successor without any other formality than the designation in w�iting. The successor trustee, without <br /> conveyance of the Property, will succeed to all the title, power anc+ duties conferred upon Trustee by this <br /> Security Instrument and applicable law. : <br /> 23. OTHER TE�h1S. Tne foiiowing are applicabie to this Security Instrument: <br /> A. Line of Credit. The Secured Debts include a revolving line of cred�c provision. Although the Secured Debts <br /> , ,. , . ,... <br /> may be reduced to a zero balance, this Security Instrument will [emakn,in effectvuntil t�e Secured Debts and : <br /> all underlying agreements have been terminated in writing by L,�nder.�: .;;;� �;"`; <br /> B. Additional Terms. FUTURE ADVANCE; OTHER INDEBTEDP�}ESS: U�'dI�F�R�Q�JEST OF GRANTOR, LENDER <br /> � wn.: <br /> MAY, AT ITS OPTION, MAKE ADDITtONAL AND FUTU'RE A�DVANCES AND READVANCES TO GRANTOR <br /> PURSUANT TO ONE OR MORE PROMISSORY NOTES OR CREDIT AGREEMENTS AND WHETHER <br /> ADVANCED PURSUANT TO A NOTE OR CREDIT AGREEMENT SPECIFICALLY REFERENCED IN THIS <br /> SECURITY INSTRUMENT, OTHER PROMISSORY NOTES OR CREDIT AGREEMENTS NOW EXISTING OR <br /> PROM�SSORY NOTES OR CREDIT AGREEMENTS HEREAFTER GIVEN BY GRANTOR (OR ANY ONE OR MORE <br /> OF THEM IF MORE THAN ONE) TO LENDER. ALL SUCH FUTURE ADVANCES SHALL BE A SECURED DEBT <br /> FOR PURPOSES OF THIS SECURITY INSTRUMENT. ALL PRESErJT AND FUTURE INDEBTEDNESS AND <br /> OBLIGATIONS OF GRANTOR (OR ANY ONE OR MORE OF THEM IF 11/IOR�: .THAN-ONE) TO LENDER, <br /> WHETHER DIRECT OR INDIRECT, ABSOLUTE OR CONTINGENT AN�,� V�HETHER. •ARISING BY NOTE, ;: <br /> GUARANTEE, OVERDRAFT OR OTHERWISE, SHALL �iE SEC�IRED BY Tk�4'���ECIC�R'I7Y IN.STRUMENT AND <br /> SHALL BE A SECURED DEBT FOR PURPOSES OF THIS SECURITY INSTRUMENT. <br /> 24. APPLICABLE LAW. This Security Instrument is governed by the laws of Nebraska, except to the extent <br /> otherwise required by the laws of the jurisdiction where the Property is located, and the United States of <br /> America. <br /> 25. JOINT AND INDIVIDUAL LIABILITY AND SUCCESSORS. Each Grantor's obligations under this Security : <br /> Instrument are independent of the obligations of any other Grantor. Lender may sue each Grantor individually or <br /> together with any other Grantor. Lender may release any part of the Property and Grantor will still be obligated : <br /> under this Seciirity Instrument for the remaining Property. The duties and benefits o# this Security Instrument : <br /> will bind and benefit the successors and assigns of Lender and Grantor. . <br /> 26. AMENDMENT, INTEGRATION AND SEVERABILITY. This Security Instrument may not be amended or <br /> modified by oral agreement. No amendment or modification of this Security Instrument is effective unless made <br /> in writing and executed by Grantor and Lender. This Security Instrument is the complete and final expression of : <br /> the agreement. If any provision of this Security Instrument is unenforceable, then the unenforceable provision : <br /> will be severed and the remaining provisions will still be enforceable. <br /> 27. INTERPRETATION. Whenever used, the singular includes the plural and the p�ural indudes the singular. The : <br /> section headings are for convenience only and are not to be used to interpret or d«:fine the terms of this Security <br /> Instrument. <br /> 28. NOTICE, FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Unless orherwise required by law, any : <br /> notice will be given by delivering it or mailing it by first class mail to the appropriaie party's address listed in the <br /> DATE AND PARTIES section, or to any other address designated in writing. Noti� e to one party will be deemed <br /> J AND D COMPANY LLC ' <br /> Nebraska Deed Of Trust Inkial� <br /> NE/2nsonj05AA000000000000001 A00000016�2 "'1996 Bankers Systems,Inc.,St.Cloud,MN Page 5 <br /> �_ <br />