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<br />t 200611057 <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 OR ENCUMBRANCE. Lender may, at its option, declare the entire balance of the Secured <br />Debt to be immediately due and payable upon the creation of, or contract for the creation of, any lien, <br />encumbrance, transfer or sale of all or any part of the Property. This right is subject to the restrictions imposed <br />by federal law (12 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 <br />a 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 <br />entity. <br />However, Lender may not demand payment in the above situations if it is prohibited by law as of the date of <br />this 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 <br />Grantor operates. Grantor has the power and authority to enter into this transaction and to carryon <br />Grantor's business or activity as it is now being conducted and, as applicable, is qualified to do so in each <br />jurisdiction in which Grantor operates. <br />B. Authority. The execution, delivery and performance of this Security Instrument and the obligation <br />evidenced by this Security Instrument are within Grantor's powers, have been duly authorized, have received <br />all necessary governmental approval, will not violate any provision of law, or order of court or governmental <br />agency, and will not violate any agreement to which Grantor is a party or to which Grantor is or any of <br />Grantor's property is subject. <br />11. 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 />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 <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 />13. ASSIGNMENT OF LEASES AND RENTS. Grantor irrevocably assigns, grants, conveys to Lender as <br />additional security all the right, title and interest in the following (Property): existing or future leases, subleases, <br />licenses, guaranties and any other written or verbal agreements for the use and occupancy of the Property, <br />including any extensions, renewals, modifications or replacements (Leases); and rents, issues and profits <br />(Rents). In the event any item listed as Leases or Rents is determined to be personal property, this Assignment <br />will also be regarded as a security agreement. Grantor will promptly provide Lender with copies of the Leases <br />and will certify these Leases are true and correct copies. The existing Leases will be provided on execution of <br />the Assignment, and all future Leases and any other information with respect to these Leases will be provided <br />immediately after they are executed. Grantor may collect, receive, enjoy and use the Rents so long as Grantor <br />is not in default. Upon default, Grantor will receive any Rents in trust for lender and Grantor will not <br />commingle the Rents with any other funds. Grantor agrees that this Security Instrument is immediately <br />effective between Grantor and Lender and effective as to third parties on the recording of this Assignment. As <br />long as this Assignment is in effect, Grantor warrants and represents that no default exists under the Leases, <br />and the parties subject to the Leases have not violated any applicable law on leases, licenses and landlords and <br />tenants. <br />14. DEFAULT. Grantor will be in default if any of the following occur: <br />A. Payments. Grantor or Borrower fail to make a payment in full when due. <br />B. Insolvency or Bankruptcy. The death, dissolution or insolvency of, appointment of a receiver by or on <br />behalf of, application of any debtor relief law, the assignment for the benefit of creditors by or on behalf of, <br />the voluntary or involuntary termination of existence by, or the commencement of any proceeding under any <br />present or future federal or state insolvency, bankruptcy, reorganization, composition or debtor relief law by <br />or against Grantor, Borrower, or any co-signer, endorser, surety or guarantor of this Security Instrument or <br />any other obligations Borrower has with Lender. <br /> <br />Susan E. Wheeler <br />Nebraska Deed Of Trust <br />NE/4XX28424000937100005187024111706Y <br /> <br />@1996 Bankers Systems, Inc., St. Cloud, MN ~ <br /> <br />Initials <br />Page 2 <br />