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200402594 <br />B. All Debts. All present and future debts from Jeff Kokes and Carla Kokes to Lender, even if this <br />Security Instrument is not specifically referenced, or if the future debt is unrelated to or of a different type <br />than this debt. If more than one person signs this Security Instrument, each agrees that it will secure debts <br />incurred either individually or with others who may not sign this Security Instrument. Nothing in this <br />Security Instrument constitutes a commitment to make additional or future loans or advances. Any such <br />commitment must be in writing. In the event that Lender fails to provide any required notice of the right of <br />rescission, Lender waives any subsequent security interest in the Grantor's principal dwelling that is created <br />by this Security Instrument. This Security Instrument will not secure any debt for which a non - possessory, <br />non - purchase money security interest is created in "household goods" in connection with a "consumer loan," <br />as those terms are defined by federal law governing unfair and deceptive credit practices. This Security <br />Instrument will not secure any debt for which a security interest is created in "margin stock" and Lender <br />does not obtain a "statement of purpose," 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 all or any part of the <br />Property. This right is subject to the restrictions imposed by federal law governing the preemption of state due - <br />on -sale laws, as 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 <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 />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 assigns, grants, conveys to Lender as <br />additional security all the right, title and interest in the following (all referred to as Property): existing or future <br />leases, subleases, licenses, guaranties and any other written or verbal agreements for the use and occupancy of <br />the Property, including any extensions, renewals, modifications or replacements (all referred to as Leases); and <br />rents, issues and profits (all referred to as Rents). In the event any item listed as Leases or Rents is determined <br />to be personal property, this Assignment will also be regarded as a security agreement. Grantor will promptly <br />provide Lender with copies of the Leases and will certify these Leases are true and correct copies. The existing <br />Leases will be provided on execution of the Assignment, and all future Leases and any other information with <br />respect to these Leases will be provided immediately after they are executed. Grantor may collect, receive, <br />enjoy and use the Rents so long as Grantor is not in default. Upon default, Grantor will receive any Rents in <br />trust for Lender and Grantor will not commingle the Rents with any other funds. Grantor agrees that this <br />Security Instrument is immediately effective between Grantor and Lender and effective as to third parties on the <br />recording of this Assignment. As long as this Assignment is in effect, Grantor warrants and represents that no <br />Jeff Kokes <br />Nebraska Deed Of Trust Initials <br />IAI4XD71302900725200004266023022004Y 01996 Bankers Systems, Inc., St. Cloud, MN � Page 2 <br />