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200304928 <br />A. Specific Debts. The following debts and all extensions, renewals, refinancings, modifications and <br />replacements. A promissory note, No. 6285254-6 dated April 14, 2003 from Grantor to <br />Lender, with a maximum credit limit of $ 40, 500. 00 with an Interest rate based on the then <br />current indexvalue as the promissory note prescribes and maturing onnpril 13, 2013 <br />One or more of the debts secured by this Security Instrument contains a future advance provision. <br />B. All Debts. All present and future debts from Grantor to Lender, even if this Security Instrument is not <br />specifically referenced, or if the future debt is unrelated to or of a different type than this debt. If more than <br />one person signs this Security Instrument, each agrees that it will secure debts incurred either individually or <br />with others who may not sign this Security Instrument. Nothing in this Security Instrument constitutes a <br />commitment to make additional or future loans or advances. Any such commitment must be in writing. In the <br />event that Lender fails to provide notice of the right of rescission, Lender waives any subsequent security <br />interest in the Grantor's principal dwelling that is created by this Security Instrument. This Security Instrument <br />will not secure any debt for which a non - possessory, non - purchase money security interest is created in <br />"household goods" in connection with a "consumer loan." as those terms are defined by federal law <br />governing unfair and deceptive credit practices. This Security Instrument will not secure any debt for which a <br />security interest is created in "margin stock" and Lender does not obtain a "statement of purpose," as defined <br />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 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 <br />ale. Grantor has the right to <br />that the Property its unencumbered, except for encumbrances antes of record. <br />with <br />S. 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 10 perform or comply with all covenants. <br />B. To promptly deliverto 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, ground <br />rents, utilities, and other charges relating to the Property when due. Lender may require Grantor to provide to Lender <br />copies of all notices that such amounts are due and the receipts evidencing Grantor's payment. Grantor will defend <br />title to the Property against any claims that would impair the lien of this Security Instrument. Grantor agrees to assign <br />to Lender, as requested by Lender, any rights, claims or defenses Grantor may have against part ies who supply <br />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 due <br />and payable upon the creation of, or contract for the creation of, a transfer or sale of the Property. This right is <br />subject to the restrictions imposed by federal law governing the preemption of state due-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 Grantor <br />or to which Grantor is a party. <br />10. 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 Properly 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 />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 reasonable <br />purpose for the inspection. Any inspection of the Property will be entirely for Lenders benefit and Grantor will in no <br />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 ney, without notice, perform or cause them to be performed. Grantor appoints Lender as <br />attorney in fact to sign Grantor's name or pay any amount necessary for performance. Lender's right to perform for <br />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 Properly is <br />discontinued or not carried on in a reasonable manner, Lender may take all steps necessary to protect Lenders <br />security interest in the Property, including completion of the construction. <br />12. ASSIGNMENT OF LEASES AND RENTS. Grantor irrevocably assigns, grants, conveys to Trustee, in trust for <br />the benefit of Lender as additional security all the right, title and interest in the following (all referred to as Property): <br />existing or future leases, subleases, licenses, guaranties and any other written or verbal agreements for the use and <br />occupancy of the Property, including any extensions, renewals, modifications or replacements (all referred to as <br />Leases); and rents, issues and profits (all referred to as Rents). In the event any item listed as Leases or Rents is <br />determined to be personal property, this Assignment will also be regarded as a security agreement. Grantor will <br />promptly provide Lender with copies of the Leases and will certify these Leases are true and correct copies. The <br />existing Leases will be provided on execution of the Assignment, and all future Leases and any other information <br />with respect to these Leases will be provided immediately after they are executed. <br />he2102 -2ne "Q—ry <br />Nebraska HELOC Mortgage page <br />IA /4x ©1996 Bankers Systems, Inc., St Claud, MN <br />