Laserfiche WebLink
DIAMOND -J FARMS, INC <br />Nebraska Deed Of Trust <br />NE /4XHERMANN00000000001544022N <br />Wolters Kluwer Financial Services ©1996, 2018 Bankers Page 7 <br />SystemsTe <br />201802064 <br />All insurance policies and renewals shall include a standard "mortgage clause" (or "lender loss <br />payable clause ") endorsement that names Lender as "mortgagee" and "loss payee ". If required <br />by Lender, all insurance policies and renewals will also include an "additional insured" <br />endorsement that names Lender as an "additional insured ". If required by Lender, Grantor <br />agrees to maintain comprehensive general liability insurance and rental loss or business <br />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 <br />business interruption insurance must be in an amount equal to at least coverage of one year's <br />debt service, and required escrow account deposits (if agreed to separately in writing). <br />Grantor will give Lender and the insurance company immediate notice of any loss. All insurance <br />proceeds will be applied to restoration or repair of the Property or to the Secured Debts, at <br />Lender's option. If Lender acquires the Property in damaged condition, Grantor's rights to any <br />insurance policies and proceeds will pass to Lender to the extent of the Secured Debts. <br />Grantor will immediately notify Lender of cancellation or termination of insurance. If Grantor <br />fails to keep the Property insured, Lender may obtain insurance to protect Lender's interest in <br />the Property and Grantor will pay for the insurance on Lender's demand. Lender may demand <br />that Grantor pay for the insurance all at once, or Lender may add the insurance premiums to the <br />balance of the Secured Debts and charge interest on it at the rate that applies to the Secured <br />Debts. This insurance may include lesser or greater coverages than originally required of <br />Grantor, may be written by a company other than one Grantor would choose, and may be <br />written at a higher rate than Grantor could obtain if Grantor purchased the insurance. Grantor <br />acknowledges and agrees that Lender or one of Lender's affiliates may receive commissions on <br />the purchase of this insurance. <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. USE OF PROPERTY. Grantor shall not use or occupy the Property in any manner that would <br />constitute a violation of any state and /or federal laws involving controlled substances, even in a <br />jurisdiction that allows such use by state or local law or ordinance. In the event that Grantor <br />becomes aware of such a violation, Grantor shall take all actions allowed by law to terminate <br />the violating activity. <br />In addition to all other indemnifications, obligations, rights and remedies contained herein, if the <br />Lender and /or its respective directors, officers, employees, agents and attorneys (each an <br />"Indemnitee ") is made a party defendant to any litigation or any claim is threatened or brought <br />against such lndemnitee concerning this Security Instrument or the related property or any part <br />thereof or therein or concerning the construction, maintenance, operation or the occupancy or <br />use of such property, then the Grantor shall (to the extent permitted by applicable law) <br />indemnify, defend and hold each Indemnitee harmless from and against all liability by reason of <br />said litigation or claims, including attorneys' fees and expenses incurred by such lndemnitee in <br />connection with any such litigation or claim, whether or not any such litigation or claim is <br />prosecuted to judgment. To the extent permitted by applicable law, the within indemnification <br />shall survive payment of the Secured Debt, and /or any termination, release or discharge <br />executed by the Lender in favor of the Grantor. <br />Violation of this provision is a material breach of this Security Instrument and thereby <br />constitutes a default under the terms and provisions of this Security Instrument. <br />24. 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 />25. 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 />26. 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 />