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200003119 <br />C. Sums Advanced. All sums advanced and expenses incurred by Lender under the terms of this Security <br />Instrument. <br />4. PAYMENTS. Grantor agrees that all payments' under the Secured Debts will be paid when due and in <br />accordance with the terms of the Secured Debts and this Security Instrument. <br />5. WARRANTY OF TITLE. Grantor warrants that Grantor is or will be lawfully seized of the estate conveyed by <br />this Security Instrument and has the right to irrevocably grant, convey and sell the Property to Trustee, in trust, <br />with power of sale. Grantor also warrants that the Property is unencumbered, except for encumbrances of <br />record. <br />6. PRIOR SECURITY INTERESTS. With regard to any other mortgage, deed of trust, security agreement or other <br />lien document that created a prior security interest or encumbrance on the Property, Grantor agrees: <br />A. To make all payments when due and to perform or comply with all covenants. <br />B. To promptly deliver to Lender any notices that Grantor receives from the holder. <br />C. Not to allow any modification or extension of, nor to request any future advances under any note or <br />agreement secured by the lien document without Lender's prior written consent. <br />7. CLAIMS AGAINST TITLE. Grantor will pay all taxes, assessments, liens, encumbrances, lease payments, <br />ground rents, utilities, and other charges relating to the Property when due. Lender may require Grantor to <br />provide to Lender copies of all notices that such amounts are due and the receipts evidencing Grantor's <br />payment. Grantor will defend title to the Property against any claims that would impair the lien of this Security <br />Instrument. Grantor agrees to assign to Lender, as requested by Lender, any rights, claims or defenses Grantor <br />may have against parties who supply labor or materials to maintain or improve the Property. <br />8. DUE ON SALE. Lender may, at its option, declare the entire balance of the Secured Debts to be immediately <br />due and payable upon the creation of, or contract for the creation of, a transfer or sale of the Property. This <br />right is subject to the restrictions imposed by federal law governing the preemption of state due -on -sale laws, as <br />applicable. <br />9. WARRANTIES AND REPRESENTATIONS. Grantor has the right and authority to enter into this Security <br />Instrument. The execution and delivery of this Security Instrument will not violate any agreement governing <br />Grantor or to which Grantor is a party. <br />10. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Grantor will keep the Property in good condition <br />and make all repairs that are reasonably necessary. Grantor will not commit or allow any waste, impairment, or <br />deterioration of the 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 written consent. <br />Grantor will not permit any change in any license, restrictive covenant or easement without Lender's prior <br />written consent. Grantor will notify Lender of all demands, proceedings, claims, and actions against Grantor, <br />and of any loss or damage to the Property. <br />No portion of the Property will be removed, demolished or materially altered without Lender's prior written <br />consent except that Grantor has the right to remove items of personal property comprising a part of the Property <br />that become worn or obsolete, provided that such personal property is replaced with other personal property at <br />least equal in value to the replaced personal property, free from any title retention device, security agreement or <br />other encumbrance. Such replacement of personal property will be deemed subject to the security interest <br />created by this Security Instrument. Grantor will not partition or subdivide the Property without Lender's prior <br />written consent. <br />Lender or Lender's agents may, at Lender's option, enter the Property at any reasonable time for the purpose of <br />inspecting the Property. Lender will give Grantor notice at the time of or before an inspection specifying a <br />reasonable purpose for the inspection. Any inspection of the Property will be entirely for Lender's benefit and <br />Grantor will in no way rely on Lender's inspection. <br />11. AUTHORITY TO PERFORM. If Grantor fails to perform any duty or any of the covenants contained in this <br />Security Instrument, Lender may, without notice, perform or cause them to be performed. Grantor appoints <br />Lender as attorney in fact to sign Grantor's name or pay any amount necessary for performance. Lender's right <br />to perform for Grantor will not create an obligation to perform, and Lender's failure to perform will not preclude <br />Lender from exercising any of Lender's other rights under the law or this Security Instrument. If any <br />construction on 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 construction. <br />12. ASSIGNMENT OF LEASES AND RENTS. Grantor irrevocably grants, bargains and conveys to Trustee, in <br />trust for the benefit of the Lender, as additional security all the right, title and interest in and to any and all: <br />A. Existing or future leases, subleases, licenses, guaranties and any other written or verbal agreements for <br />the use and occupancy of any portion of the Property, including any extensions, renewals, modifications or <br />substitutions of such agreements (all referred to as Leases). <br />B. Rents, issues and profits (all referred to as Rents), including but not limited to security deposits, minimum <br />rent, percentage rent, additional rent, common area maintenance charges, parking charges, real estate taxes, <br />other applicable taxes, insurance premium contributions, liquidated damages following default, cancellation <br />premiums, "loss of rents" insurance, guest receipts, revenues, royalties, proceeds, bonuses, accounts, <br />contract fights, general intangibles, and all rights and claims which Grantor may have that invany way pertain <br />to or are on account of the use or occupancy of the whole or any part of the Property. <br />In the event any item listed as Leases or Rents is determined to be personal property, this Security Instrument <br />will also be regarded as a security agreement. <br />Grantor will promptly provide Lender with true and correct copies of all existing and future Leases. Grantor may <br />collect, receive, enjoy and use the Rents so long as Grantor is not in default. Except for one lease period's rent, <br />Grantor will not collect in advance any future Rents without Lender's prior written consent. <br />Upon default, Grantor will receive Rents in trust for Lender and Grantor will not commingle the Rents with any <br />other funds. Amounts collected will be applied at Lender's discretion to payments on the Secured Debts as <br />therein provided, to costs of managing, protecting and preserving the Property and to any other necessary <br />related expenses including Lender's attorneys' fees and court costs. <br />Grantor agrees that this assignment is immediately effective between the parties to this Security Instrument and <br />effective as to third parties on the recording of this Security Instrument. This assignment will remain effective <br />RUBY H OPP <br />Nebraska Deed Of Trust Initials <br />. ....................,.,............. ...........---- rL...a KAKI Peep' <br />