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<br />200902870 <br /> <br />of title to Lender or any disposition by lender of any or all of the Property. Any claims and defenses to the <br />contrary are hereby waived. <br /> <br />17 . CONDEMNATION. Grantor will give lender prompt notice of any pending or threatened action by private <br />or 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 <br />or 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 <br />and will be applied as provided in this Security Instrument. This assignment of proceeds is subject to the terms <br />of any prior mortgage, deed of trust, security agreement or other lien document. <br /> <br />18. ESCROW FOR TAXES AND INSURANCE. Grantor will not be required to pay to lender funds for taxes and <br />insurance in escrow. <br /> <br />19. CO-SIGNERS. If Grantor signs this Security Instrument but is not otherwise obligated to pay the Secured <br />Debts, Grantor does so only to convey Grantor's interest in the Property to secure payment of the Secured <br />Debts and Grantor does not agree by signing this Security Instrument to be personally liable on the Secured <br />Debts. If this Security Instrument secures a guaranty between lender and Grantor, Grantor agrees to waive <br />any rights that may prevent Lender from bringing any action or claim against Grantor or any party indebted <br />under the obligation. These rights may include, but are not limited to, any anti-deficiency or one-action laws. <br /> <br />20. 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 /> <br />21. APPLICABLE LAW. This Security Instrument is governed by the laws of Nebraska, the United States of <br />America, and to the extent required, by the laws of the jurisdiction where the Property is located, except to the <br />extent such state laws are preempted by federal law . <br /> <br />22. 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 <br />or together with any other Grantor. lender may release any part of the Property and Grantor will still be <br />obligated under this Security Instrument for the remaining Property. If this Security Instrument secures a <br />guaranty between Lender and Grantor, Grantor agrees to waive any rights that may prevent Lender from <br />bringing any action or claim against Grantor or any party indebted under the obligation. These rights may <br />include, but are not limited to, any anti-deficiency or one-action laws. Grantor agrees that Lender and any <br />party to this Security Instrument may extend, modify or make any change in the terms of this Security <br />Instrument or any evidence of debt without Grantor's consent. Such a change will not release Grantor from <br />the terms of this Security Instrument. The duties and benefits of this Security Instrument will bind and benefit <br />the successors and assigns of lender and Grantor. <br /> <br />23. 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 <br />made in writing and executed by Grantor and lender. This Security Instrument and any other documents <br />relating to the Secured Debts are the complete and final expression of the agreement. If any provision of this <br />Security Instrument is unenforceable, then the unenforceable provision will be severed and the remaining <br />provisions will still be enforceable. <br /> <br />24. 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 /> <br />25. NOTICE, FINANCIAL REPORTS, ADDITIONAL DOCUMENTS AND RECORDING TAXES. Unless otherwise <br />required by law, any notice will be given by delivering it or mailing it by first class mail to the appropriate <br />party's address listed in the DATE AND PARTIES section, or to any other address designated in writing. Notice <br />to one Grantor will be deemed to be notice to all Grantors. Grantor will inform lender in writing of any change <br />in Grantor's name, address or other application information. Grantor will provide Lender any financial <br />statements or information Lender requests. All financial statements and information Grantor gives lender will <br />be correct and complete. Grantor agrees to pay all expenses, charges and taxes in connection with the <br />preparation and recording of this Security Instrument. Grantor agrees to sign, deliver, and file any additional <br />documents or certifications that lender may consider necessary to perfect, continue, and preserve Grantor's <br />obligations under this Security Instrument and to confirm Lender's lien status on any Property, and Grantor <br />agrees to pay all expenses, charges and taxes in connection with the preparation and recording thereof. Time <br />is of the essence. <br /> <br />26. DESIGNATION OF HOMESTEAD. Pursuant to the Farm Homestead Protection Act, designation of <br />homestead has been waived; the waiver is attached to this Security Instrument and made a part hereof. <br /> <br />;l(j( <br /> <br />C & I CATTLE COMPANY <br />Nebraska Deed Of Trust <br /> <br />NE/4AMOSEMAN00000000000111047041409N <br /> <br />@1996 Bankers Systams, Inc., St. Cloud, MN ~ <br /> <br />Paga 6 <br /> <br />, 'j"\ ",'\ . 'J . <br />d ),'0')..',.., 'I <br />