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<br />200511051 <br /> <br />B. Except as previously disclosed and acknowledged in writing to lender, Grantor and every tenant have <br />been, are, and will remain in full compliance with any applicable Environmental law. <br />C. Grantor will immediately notify lender if a release or threatened release of a Hazardous Substance occurs <br />on, under or about the Property or there is a violation of any Environmental law concerning the Property. In <br />such an event, Grantor will take all necessary remedial action in accordance with any Environmental law. <br />D. Grantor will immediately notify lender in writing as soon as Grantor has reason to believe there is any <br />pending or threatened investigation, claim, or proceeding relating to the release or threatened release of any <br />Hazardous Substance or the violation of any Environmental law. <br />18. CONDEMNATION. Grantor will give lender prompt notice of any pending or threatened action by private or <br />public entities to purchase or take any or all of the Property through condemnation, eminent domain, or any <br />other means. Grantor authorizes lender to intervene in Grantor's name in any of the above described actions or <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 />19. 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 />20. ESCROW FOR TAXES AND INSURANCE. Grantor will not be required to pay to lender funds for taxes and <br />insurance in escrow. <br />21. 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 />22. 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 />23. WAIVERS. Except to the extent prohibited by law, Grantor waives all appraisement and homestead <br />exemption rights relating to the Property. <br />24. OTHER TERMS. The following are applicable to this Security Instrument: <br />A. Construction loan. This Security Instrument secures an obligation created for the construction of an <br />improvement on the Property. <br />25. APPLICABLE lAW. This Security Instrument is governed by the laws of Nebraska, 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 />26. 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 />27. 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 />28. 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 />29. 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 /> <br />C & v, L.L.C. <br />Nebraska Deed Of Trust <br />N84XX28333000815100004558033110105Y <br /> <br />@1996 Bankers Systems, Inc., St. Cloud, MN ~ <br /> <br />Initials <br />Page 4 <br />