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200004'782 <br />Instrument will not secure any debt for which a non - possessory, non - purchase money security interest is <br />created in "household goods" in connection with a "consumer loan," as those terms are defined by federal <br />law governing unfair and deceptive credit practices. This Security Instrument will not secure any debt for <br />which a security interest is created in "margin stock" and Lender does not obtain a "statement of purpose," <br />as defined and required by federal law governing securities. <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 <br />other 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, <br />as applicable. <br />9. TRANSFER OF AN INTEREST IN THE GRANTOR. If Grantor is an entity other than a natural person (such as <br />a corporation or other organization), Lender may demand immediate paymbnt if: <br />A. A beneficial interest in Grantor is sold or transferred. <br />B. There is a change in either the identity or number of members of a partnership or similar entity. <br />C. There is a change in ownership of more than 25 percent of the voting stock of a corporation or similar <br />entity. <br />However, Lender may not demand payment in the above situations if it is prohibited by law as of the date of <br />this Security Instrument. <br />10. WARRANTIES AND REPRESENTATIONS. Grantor makes to Lender the following warranties and <br />representations which will continue as long as this Security Instrument is in effect: <br />A. Power. Grantor is duly organized, and validly existing and in good standing in all jurisdictions in which <br />Grantor operates. Grantor has the power and authority to enter into this transaction and to carry on <br />Grantor's business or activity as it is now being conducted and, as applicable, is qualified to do so in each <br />jurisdiction in which Grantor operates. <br />B. Authority. The execution, delivery and performance of this Security Instrument and the obligation <br />evidenced by this Security Instrument are within Grantor's powers, have been duly authorized, have received <br />all necessary governmental approval, will not violate any provision of law, or order of court or governmental <br />agency, and will not violate any agreement to which Grantor is a party or to which Grantor is or any of <br />Grantor's property is subject. <br />C. Name and Place of Business. Other than previously disclosed in writing to Lender, Grantor has not <br />changed Grantor's name or principal place of business within the last 10 years and has not used any other <br />trade or fictitious name. Without Lender's prior written consent, Grantor does not and will not use any other <br />name and will preserve Grantor's existing name, trade names and franchises. <br />11. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Grantor will keep the Property in good <br />condition and make all repairs that are reasonably necessary. Grantor will not commit or allow any waste, <br />impairment, or deterioration of the Property. Grantor will keep the Property free of noxious weeds and grasses. <br />Grantor agrees 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 easement without <br />Lender's prior written consent. Grantor will notify Lender of all demands, proceedings, claims, and actions <br />against Grantor, 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 <br />Property that become worn or obsolete, provided that such personal property is replaced with other personal <br />property at least equal in value to the replaced personal property, free from any title retention device, security <br />agreement or other encumbrance. Such, replacement of personal property will be deemed subject to the <br />security interest created by this Security Instrument. Grantor will not partition or subdivide the Property <br />without Lender's prior 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 />Northcott Company <br />r Nebraska Deed Of Trust Initials J <br />NE/ 302Sb1064C000000000000002E0000002Fn2 ®1996 Bankers Systems, Inc., St. Cloud, MN Page 2 <br />