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201701243
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Last modified
7/3/2017 5:40:38 PM
Creation date
2/27/2017 10:54:52 AM
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DEEDS
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201701243
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201701243 <br />costs of litigation and attorneys' fees, which Lender and Lender's successors or assigns may <br />sustain; and (2) at Lender's discretion, Lender may release this Security Instrument and in <br />return Grantor will provide Lender with collateral of at least equal value to the Property <br />without prejudice to any of Lender's rights under this Security Instrument. <br />L. Notwithstanding any of the language contained in this Security Instrument to the <br />contrary, the terms of this section will survive any foreclosure or satisfaction of this Security <br />Instrument regardless of any passage of title to Lender or any disposition by Lender of any or <br />all of the Property. Any claims and defenses to the contrary are hereby waived. <br />20. CONDEMNATION. Grantor will give Lender prompt notice of any pending or threatened <br />action by private or public entities to purchase or take any or all of the Property through <br />condemnation, eminent domain, or any other means. Grantor authorizes Lender to intervene in <br />Grantor's name in any of the above described actions or claims. Grantor assigns to Lender the <br />proceeds of any award or claim for damages connected with a condemnation or other taking of <br />all or any part of the Property. Such proceeds will be considered payments and will be applied <br />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 lien document. <br />21. ESCROW FOR TAXES AND INSURANCE. Grantor will not be required to pay to Lender <br />funds for taxes and insurance in escrow. <br />22. SUCCESSOR TRUSTEE. Lender, at Lender's option, may from time to time remove Trustee <br />and appoint a successor without any other formality than the designation in writing. The <br />successor trustee, without conveyance of the Property, will succeed to all the title, power and <br />duties conferred upon Trustee by this Security Instrument and applicable law. <br />23. OTHER TERMS. The following are applicable to this Security Instrument: <br />A. Line of Credit. The Secured Debts include a revolving line of credit provision. Although <br />the Secured Debts may be reduced to a zero balance, this Security Instrument will remain in <br />effect until the Secured Debts and all underlying agreements have been terminated in writing <br />by Lender. <br />B. No Action by Lender. Nothing contained in this Security Instrument shall require Lender <br />to take any action. <br />24. APPLICABLE LAW. This Security Instrument is governed by the laws of Nebraska, the <br />United States of America, and to the extent required, by the laws of the jurisdiction where the <br />Property is located, except to the extent such state laws are preempted by federal law. <br />25. JOINT AND INDIVIDUAL LIABILITY AND SUCCESSORS. Each Grantor's obligations under <br />this Security Instrument are independent of the obligations of any other Grantor. Lender may <br />sue each Grantor individually or together with any other Grantor. Lender may release any part <br />of the Property and Grantor will still be obligated under this Security Instrument for the <br />remaining Property. Grantor agrees that Lender and any party to this Security Instrument may <br />extend, modify or make any change in the terms of this Security Instrument or any evidence of <br />debt without Grantor's consent. Such a change will not release Grantor from the terms of this <br />Security Instrument. The duties and benefits of this Security Instrument will bind and benefit <br />the successors and assigns of Lender and Grantor. <br />26. AMENDMENT, INTEGRATION AND SEVERABILITY. This Security Instrument may not be <br />amended or modified by oral agreement, No amendment or modification of this Security <br />Instrument is effective unless made in writing and executed by Grantor and Lender. This <br />Security instrument and any other documents relating to the Secured Debts are the complete <br />and final expression of the agreement. If any provision of this Security Instrument is <br />unenforceable, then the unenforceable provision will be severed and the remaining provisions <br />will still be enforceable. <br />27. INTERPRETATION. Whenever used, the singular includes the plural and the plural includes <br />the singular. The section headings are for convenience only and are not to be used to interpret <br />or define the terms of this Security Instrument. <br />28. NOTICE, ADDITIONAL DOCUMENTS AND RECORDING FEES. Unless otherwise required <br />by law, any notice will be given by delivering it or mailing it by first class mail to the appropriate <br />party's address listed in the DATE AND PARTIES section, or to any other address designated in <br />writing. Notice to one Grantor will be deemed to be notice to all Grantors. Grantor will inform <br />Lender in writing of any change in Grantor's name, address or other application information. <br />Grantor will provide Lender any other, correct and complete information Lender requests to <br />effectively mortgage or convey the Property. Grantor agrees to pay all expenses, charges and <br />taxes in connection with the preparation and recording of this Security Instrument. Grantor <br />agrees to sign, deliver, and file any additional documents or certifications that Lender may <br />consider necessary to perfect, continue, and preserve Grantor's obligations under this Security <br />Instrument and to confirm Lender's lien status on any Property, and Grantor agrees to pay all <br />Kenan Farms, L.L.C. <br />Nebraska Deed Of Trust <br />NE /4XRATHMAN00000000009966013N Wolters Kluwer Financial Services ® 1996, 2017 Bankers Page 7 <br />Systeme' <br />
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