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200409268 <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 />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 />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. DEFAULT. Grantor will be in default if any of the following occur: <br />A. Payments. Grantor fails to make a payment in full when due. <br />B. Insolvency. Grantor makes an assignment for the benefit of creditors or becomes insolvent, either <br />because Grantor's liabilities exceed Grantor's assets or Grantor is unable to pay Grantor's debts as they <br />become due. <br />C. Death or Incompetency. Grantor dies or is declared legally incompetent. <br />D. Failure to Perform. Grantor fails to perform any condition or to keep any promise or covenant of this <br />Security Instrument. <br />E. Other Documents. A default occurs under the terms of any other transaction document. <br />F. Other Agreements. Grantor is in default on any other debt or agreement Grantor has with Lender. <br />G. Misrepresentation. Grantor makes any verbal or written statement or provides any financial information <br />that is untrue, inaccurate, or conceals a material fact at the time it is made or provided. <br />H. Judgment. Grantor fails to satisfy or appeal any judgment against Grantor. <br />I. Forfeiture. The Property is used in a manner or for a purpose that threatens confiscation by a legal <br />authority. <br />J. Name Change. Grantor changes Grantor's name or assumes an additional name without notifying Lender <br />before making such a change, <br />K. Property Transfer. Grantor transfers all or a substantial part of Grantor's money or property. This <br />condition of default, as it relates to the transfer of the Property, is subject to the restrictions contained in the <br />DUE ON SALE section. <br />L. Property Value. The value of the Property declines or is impaired. <br />M. Insecurity. Lender reasonably believes that Lender is insecure. <br />wyiaa m vv asleroy <br />Nebraska Deed of Trust <br />Initials <br />NE/ 4XX28333000725200004364015091704Y °1996 Bankers Systems, Inc., St. Cloud, MN Eu er T,"' Page 2 <br />