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200412207 <br />deceptive credit practices. This Security Instrument will not secure any debt for which a security interest is <br />created in "margin stock" and Lender does not obtain a "statement of purpose," as defined and required by <br />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 accordance <br />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 this <br />Security Instrument and has the right to irrevocably grant, convey and sell the Property to Trustee, in trust, with <br />power of sale. Grantor also warrants that the Property is unencumbered, except for encumbrances of record. <br />6. PRIOR SECURITY INTERESTS. With regard to any other mortgage, deed of trust, security agreement or other <br />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 agreement <br />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 provide <br />to Lender copies of all notices that such amounts are due and the receipts evidencing Grantor's payment. Grantor <br />will defend title to the Property against any claims that would impair the lien of this Security Instrument. Grantor <br />agrees to assign to Lender, as requested by Lender, any rights, claims or defenses Grantor may have against parties <br />who supply labor or materials to maintain or improve the Property. <br />8. DUE ON SALE OR ENCUMBRANCE. Lender may, at its option, declare the entire balance of the Secured Debt <br />to be immediately due and payable upon the creation of, or contract for the creation of, any lien, encumbrance, <br />transfer or sale of all or any part of the Property. This right is subject to the restrictions imposed by federal law (12 <br />C.F.R. 591), as applicable. <br />9. TRANSFER OF AN INTEREST IN THE GRANTOR. If Grantor is an entity other than a natural person (such as a <br />corporation or other organization), Lender may demand immediate payment 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 entity. <br />However, Lender may not demand payment in the above situations if it is prohibited by law as of the date of this <br />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 Grantor <br />operates. Grantor has the power and authority to enter into this transaction and to carry on Grantor's business or <br />activity as it is now being conducted and, as applicable, is qualified to do so in each jurisdiction in which Grantor <br />operates. <br />B. Authority. The execution, delivery and performance of this Security Instrument and the obligation evidenced <br />by this Security Instrument are within Grantor's powers, have been duly authorized, have received all necessary <br />governmental approval, will not violate any provision of law, or order of court or governmental agency, and will not <br />violate any agreement to which Grantor is a party or to which Grantor is or any of Grantor's property is subject. <br />C. Name and Place of Business. Other than previously disclosed in writing to Lender, Grantor has not changed <br />Grantor's name or principal place of business within the last 10 years and has not used any other trade or <br />fictitious name. Without Lender's prior written consent, Grantor does not and will not use any other name and will <br />preserve Grantor's existing name, trade names and franchises. <br />11. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Grantor will keep the Property in good condition <br />and make all repairs that are reasonably necessary. Grantor will not commit or allow any waste, impairment, or <br />deterioration of the Property. Grantor will keep the Property free of noxious weeds and grasses. Grantor agrees that <br />the nature of the occupancy and use will not substantially change without Lender's prior written consent. Grantor will <br />not permit any change in any license, restrictive covenant or easement without Lender's prior written consent. <br />Grantor will notify Lender of all demands, proceedings, claims, and actions against Grantor, and of any loss or <br />damage to the Property. <br />No portion of the Property will be removed, demolished or materially altered without Lender's prior written consent <br />except that Grantor has the right to remove items of personal property comprising a part of the Property that become <br />worn or obsolete, provided that such personal property is replaced with other personal property at least equal in <br />value to the replaced personal property, free from any title retention device, security agreement or other <br />encumbrance. Such replacement of personal property will be deemed subject to the security interest created by this <br />Security Instrument. Grantor will not partition or subdivide the Property 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 />12. 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 Lender <br />as attorney in fact to sign Grantor's name or pay any amount necessary for performance. Lender's right to perform <br />for Grantor will not create an obligation to perform, and Lender's failure to perform will not preclude Lender from <br />exercising any of Lender's other rights under the law or this Security Instrument. If any construction on the Property <br />Komer, LLC <br />Nebraska Deed Of Trust Initials <br />NE/ 4XX26386900815100004558020120804Y -1996 Bankers Systems, Inc., St. Cloud, MN C Page 2 <br />