Laserfiche WebLink
<br />B. To promptly dellve, to Lende!y notices tha7 ~a~t:' ~e~e~e~ 20m th!Olde<. <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 Debt to be immediately <br />due and payable upon the creation of, or contract for the creation of, any transfer or sale of all or any part of <br />the Property. This right is subject to the restrictions imposed by federal law (12 C.F.R. 591), 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 />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. 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 />13. DEED OF TRUST COVENANTS. Grantor agrees that the covenants in this Security Instrument are material <br />obligations under the Secured Debts and this Security Instrument. If Grantor breaches any covenant in this <br />Security Instrument, lender may refuse to make additional extensions of credit or may reduce the credit limit. <br />By not exercising either remedy on Grantor's breach, Lender does not waive Lender's right to later consider the <br />event a breach if it happens again. <br />14. DEFAULT. Grantor will be in default if any of the following occur: <br />A. Fraud. Grantor engages in fraud or material misrepresentation in connection with the Secured Debts. <br />B. Payments. Any party obligated on the Secured Debts fails to make a payment when due. <br />C. Property. Any action or inaction occurs that adversely affects the Property or lender's rights in the <br />Property. <br />15. REMEDIES ON DEFAULT. In addition to any other remedy available under the terms of this Security <br />Instrument, Lender may accelerate the Secured Debts and foreclose this Security Instrument in a manner <br />provided by law if Grantor is in default. In some instances, federal and state law will require lender to provide <br />Grantor with notice of the right to cure, or other notices and may establish time schedules for foreclosure <br />actions. <br />At the option of the lender, all or any part of the agreed fees and charges, accrued interest and principal will <br />become immediately due and payable, after giving notice if required by law, upon the occurrence of a default or <br />anytime thereafter. Lender will be entitled to, without limitation, the power to sell the Property. <br />If there is a default, Trustee will, at the request of the lender, advertise and sell the Property as a whole or in <br />separate parcels at public auction to the highest bidder for cash. Trustee will give notice of sale including the <br />time, terms and place of sale and a description of the Property to be sold as required by applicable law in effect <br />at the time of the proposed sale. Upon any sale of the Property, Trustee will make and deliver a special or <br />limited warranty deed that conveys the property sold to the purchaser or purchasers. Under this special or <br />limited warranty deed, Trustee will covenant that Trustee has not caused or allowed a lien or an encumbrance <br />to burden the Property and that Trustee will specially warrant and defend the Property's title of the purchaser or <br />purchasers at the sale against all lawful claims and demand of all persons claiming by, through or under Trustee. <br /> <br />Mary Krista Burling <br />Nebraska Deed Of Trust <br />NE/4XX2B366000005900005586020061207Y <br /> <br />@1996 Bankers Systems, Inc., St. Cloud. MN ~ <br /> <br />Initials <br />Page 2 <br />