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200402594
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Last modified
10/16/2011 1:37:55 PM
Creation date
10/21/2005 12:03:04 AM
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DEEDS
Inst Number
200402594
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200402594 <br />claims. Grantor assigns to Lender the proceeds of any award or claim for damages connected with a <br />condemnation or other taking of all or any part of the Property. Such proceeds will be considered payments and <br />will be applied 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 />18. INSURANCE. Grantor agrees to keep the Property insured against the risks reasonably associated with the <br />Property. Grantor will maintain this insurance in the amounts Lender requires. This insurance will last until the <br />Property is released from this Security Instrument. What Lender requires pursuant to the preceding two <br />sentences can change during the term of the Secured Debts. Grantor may choose the insurance company, <br />subject to Lender's approval, which will not be unreasonably withheld. All insurance policies and renewals will <br />include a standard "mortgage clause" and, where applicable, "loss payee clause." <br />Grantor will give Lender and the insurance company immediate notice of any loss. All insurance proceeds will <br />be applied to restoration or repair of the Property or to the Secured Debts, at Lender's option. If Lender <br />acquires the Property in damaged condition, Grantor's rights to any insurance policies and proceeds will pass to <br />Lender to the extent of the Secured Debts. <br />Grantor will immediately notify Lender of cancellation or termination of insurance. If Grantor fails to keep the <br />Property insured Lender may obtain insurance to protect Lender's interest in the Property. This insurance may <br />include coverages not originally required of Grantor, may be written by a company other than one Grantor <br />would choose, and may be written at a higher rate than Grantor could obtain if Grantor purchased the <br />insurance. <br />19. ESCROW FOR TAXES AND INSURANCE. Grantor will not be required to pay to Lender funds for taxes and <br />insurance in escrow. <br />20. CO- SIGNERS. If Grantor signs this Security Instrument but does not sign the Secured Debts, Grantor does <br />so only to convey Grantor's interest in the Property to secure payment of the Secured Debts and Grantor does <br />not agree to be personally liable on the Secured Debts. If this Security Instrument secures a guaranty between <br />Lender and Grantor, Grantor agrees to waive any rights that may prevent Lender from bringing any action or <br />claim against Grantor or any party indebted under the obligation. These rights may include, but are not limited <br />to, any anti - deficiency or one - action laws. <br />21. SUCCESSOR TRUSTEE. Lender, at Lender's option, may from time to time remove Trustee and appoint a <br />successor without any other formality than the designation in writing. The successor trustee, without <br />conveyance of the Property, will succeed to all the title, power and duties conferred upon Trustee by this <br />Security Instrument and applicable law. <br />22. WAIVERS. Except to the extent prohibited by law, Grantor waives all appraisement and homestead <br />exemption rights relating to the Property. <br />23. APPLICABLE LAW. This Security Instrument is governed by the laws of Iowa, except to the extent <br />otherwise required by the laws of the jurisdiction where the Property is located, and the United States of <br />America. <br />24. JOINT AND INDIVIDUAL LIABILITY AND SUCCESSORS. Each Grantor's obligations under this Security <br />Instrument are independent of the obligations of any other Grantor. Lender may sue each Grantor individually or <br />together with any other Grantor. Lender may release any part of the Property and Grantor will still be obligated <br />under this Security Instrument for the remaining Property. The duties and benefits of this Security Instrument <br />will bind and benefit the successors and assigns of Lender and Grantor. <br />25. AMENDMENT, INTEGRATION AND SEVERABILITY. This Security Instrument may not be amended or <br />modified by oral agreement. No amendment or modification of this Security Instrument is effective unless made <br />in writing and executed by Grantor and Lender. This Security Instrument is the complete and final expression of <br />the agreement. If any provision of this Security Instrument is unenforceable, then the unenforceable provision <br />will be severed and the remaining provisions will still be enforceable. <br />26. INTERPRETATION. Whenever used, the singular includes the plural and the plural includes the singular. <br />The section headings are for convenience only and are not to be used to interpret or define the terms of this <br />Security Instrument. <br />27. NOTICE, FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Unless otherwise required by law, any <br />notice will be given by delivering it or mailing it by first class mail to the appropriate party's address listed in the <br />DATE AND PARTIES section, or to any other address designated in writing. Notice to one party will be deemed <br />to be notice to all parties. Grantor will inform Lender in writing of any change in Grantor's name, address or <br />other application information. Grantor will provide Lender any financial statements or information Lender <br />requests. All financial statements and information Grantor gives Lender will be correct and complete. Grantor <br />agrees to sign, deliver, and file any additional documents or certifications that Lender may consider necessary to <br />perfect, continue, and preserve Grantor's obligations under this Security Instrument and to confirm Lender's lien <br />status on any Property. Time is of the essence. <br />28. AGREEMENT TO ARBITRATE. Lender or Grantor may submit to binding arbitration any dispute, claim or <br />other matter in question between or among Lender and Grantor that arises out of or relates to this Transaction <br />(Dispute), except as otherwise indicated in this section or as Lender and Grantor agree to in writing. For <br />purposes of this section, this Transaction includes this Security Instrument and any other documents, <br />instruments and proposed loans or extensions of credit that relate to this Security Instrument. Lender or <br />Grantor will not arbitrate any Dispute within any "core proceedings" under the United States bankruptcy laws. <br />Lender and Grantor must consent to arbitrate any Dispute concerning the Secured Debt secured by real estate <br />at the time of the proposed arbitration. Lender may foreclose or exercise any powers of sale against real <br />property securing the Secured Debt underlying any Dispute before, during or after any arbitration. Lender may <br />also enforce the Secured Debt secured by this real property and underlying the Dispute before, during or after <br />any arbitration. <br />Jeff Kokes <br />Nebraska Deed Of Trust Initials <br />IA/ 4XD71302900725200004266023022004Y 01996 Bankers Systems, Inc., St. Cloud, MN Ecl5E-W Page 4 <br />
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