Laserfiche WebLink
2O1rO8? 8 <br />any of the foregoing. The Related Documents are hereby made a part of this Security Instrument by reference <br />thereto, with the same force and effect as if fully set forth herein. <br />INDEBTEDNESS. This Security Instrument secures the principal amount shown above as may be evidenced by a <br />promissory note or notes of even, prior or subsequent date hereto, including future advances and every other <br />indebtedness of any and every kind now or hereafter owing from 3801 NEBRASKA HIGHWAY 2, LLC to <br />Home Federal Savings & Loan Association of Grand Island, howsoever created or arising, whether primary, <br />secondary or contingent, together with any interest or charges provided in or arising out of such indebtedness, as <br />well as the agreements and covenants of this Security Instrument and all Related Documents (hereinafter all <br />referred to as the "Indebtedness "). <br />FUTURE ADVANCES. To the extent permitted by law, this Security Instrument will secure future advances as if <br />such advances were made on the date of this Security Instrument regardless of the fact that from time to time there <br />may be no balance due under the note and regardless of whether Lender is obligated to make such future advances. <br />CROSS COLLATERALIZATION. It is the expressed intent of Grantor to cross collateralize all of its <br />Indebtedness and obligations to Lender, howsoever arising and whensoever incurred, except any obligation <br />existing or arising against the principal dwelling of any Grantor. <br />WARRANTIES. Grantor, for itself, its heirs, personal representatives, successors, and assigns, represents, <br />warrants, covenants and agrees with Lender, its successors and assigns, as follows: <br />Performance of Obligations. Grantor promises to perform all terms, conditions, and covenants of this <br />Security Instrument and Related Documents in accordance with the terms contained therein. <br />Defense and Title to Property. At the time of execution and delivery of this instrument, Grantor is lawfully <br />seised of the estate hereby conveyed and has the exclusive right to mortgage, grant, convey and assign the <br />Property. Grantor covenants that the Property is unencumbered and free of all liens, except for encumbrances <br />of record acceptable to Lender. Further, Grantor covenants that Grantor will warrant and defend generally <br />the title to the Property against any and all claims and demands whatsoever, subject to the easements, <br />restrictions, or other encumbrances of record acceptable to Lender, as may be listed in the schedule of <br />exceptions to coverage in any abstract of title or title insurance policy insuring Lender's interest in the <br />Property. <br />Condition of Property. Grantor promises at all times to preserve and to maintain the Property and every <br />part thereof in good repair, working order, and condition and will from time to time, make all needful and <br />proper repairs so that the value of the Property shall not in any way be impaired. <br />Removal of any Part of the Property. Grantor promises not to remove any part of the Property from its <br />present location, except for replacement, maintenance and relocation in the ordinary course of business. <br />Alterations to the Property. Grantor promises to abstain from the commission of any waste on or in <br />connection with the Property. Further, Grantor shall make no material alterations, additions or improvements <br />of any type whatsoever to the Property, regardless of whether such alterations, additions or improvements <br />would increase the value of the Property, nor permit anyone to do so except for tenant improvements and <br />completion of items pursuant to approved plans and specifications, without Lender's prior written consent, <br />which consent may be withheld by Lender in its sole discretion. Grantor will comply with all laws and <br />regulations of all public authorities having jurisdiction over the Property including, without limitation, those <br />relating to the use, occupancy and maintenance thereof and shall upon request promptly submit to Lender <br />evidence of such compliance. <br />Due on Sale - Lender's Consent. Grantor shall not sell, further encumber or otherwise dispose of, except as <br />herein provided, any or all of its interest in any part of or all of the Property without first obtaining the <br />written consent of Lender. If any encumbrance, lien, transfer or sale or agreement for these is created, <br />Lender may declare immediately due and payable, the entire balance of the Indebtedness. <br />Insurance. Grantor promises to keep the Property insured against such risks and in such form as may within <br />the sole discretion of Lender be acceptable, causing Lender to be named as loss payee or if requested by <br />Lender, as mortgagee. The insurance company shall be chosen by Grantor subject to Lender's approval, <br />which shall not be unreasonably withheld. All insurance policies must provide that Lender will get a <br />minimum of 10 days notice prior to cancellation. At Lender's discretion, Grantor may be required to produce <br />receipts of paid premiums and renewal policies. If Grantor fails to obtain the required coverage, Lender may <br />do so at Grantor's expense. Grantor hereby directs each and every insurer of the Property to make payment of <br />loss to Lender with the proceeds to be applied, only at Lender's option, to the repair and replacement of the <br />damage or loss or to be applied to the Indebtedness with the surplus, if any, to be paid by Lender to Grantor. <br />Payment of Taxes and Other Applicable Charges. Grantor promises to pay and to discharge liens, <br />encumbrances, taxes, assessments, lease payments and any other charges relating to the Property when levied <br />or assessed against Grantor or the Property. <br />Environmental Laws and Hazardous or Toxic Materials. Grantor and every tenant have been, are <br />presently and shall continue to be in strict compliance with any applicable local, state and federal <br />environmental laws and regulations. Further, neither Grantor nor any tenant shall manufacture, store, handle, <br />discharge or dispose of hazardous or toxic materials as may be defined by any state or federal law on the <br />Property, except to the extent the existence of such materials has been presently disclosed in writing to <br />Lender. Grantor will immediately notify Lender in writing of any assertion or claim made by any party as to <br />© 2004 -2015 Compliance Systems, Inc. 1E1B -FFFD - 2015.11.0.1019 <br />Commercial Real Estate Security Instrument - DL4007 Page 2 of 5 www.compliancesystems.com <br />