Laserfiche WebLink
<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> DEED OF TRUST 2 0 0 0 0 3 8 0 3 <br /> Loan No: 101221060 (Continued) Page 2 <br /> <br /> Duty to Maintain. Truster shall maintain the Property in good condition and promptly perform all repairs, replacements, and <br /> maintenance necessary to preserve its value. <br /> Hazardous Substances. Truster represents and warrants that the Property never has been, and never will be so long as this Deed of <br /> Trust remains a lien on the Property, used for the generation, manufacture, storage, treatment, disposal, release or threatened release <br /> of any Hazardous Substance in violation of any Environmental Laws. Truster authorizes Lender and its agents to enter upon the <br /> Property to make such inspections and tests as Lender may deem appropriate to determine compliance of the Property with this <br /> section of the Deed of Trust. Truster hereby (1) releases and waives any future claims against Lender for indemnity or contribution <br /> in the event Truster becomes liable for cleanup or other costs under any such laws, and (2) agrees to indemnify, defend, and hold <br /> harmless Lender against any and all claims and losses resulting from a breach of this paragraph of the Deed of Trust. This obligation <br /> to indemnify and defend shall survive the payment of the Indebtedness and the satisfaction of this Deed of Trust. <br /> DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums secured by this <br /> Deed of Trust upon the sale or transfer, without Lender's prior written consent, of all or any part of the Real Property, or any interest in the <br /> Real Property. A "sale or transfer" means the conveyance of Real Property or any right, title or interest in the Real Property; whether legal, <br /> beneficial or equitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land contract, contract <br /> for deed, leasehold interest with a term greater than three (3) years, lease-option contract, or by sale, assignment, or transfer of any <br /> beneficial interest in or to any land trust holding title to the Real Property, or by any other method of conveyance of an interest in the Real <br /> Property. However, this option shall not be exercised by Lender if such exercise is prohibited by federal law or by Nebraska law. <br /> TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Deed of Trust: <br /> Payment. Truster shall pay when due (end in all events prior to delinquency) all taxes, special taxes, assessments, charges (including <br /> water and sewer), fines and impositions levied against or on account of the Property, and shall pay when due all claims for work done <br /> on or for services rendered or material furnished to the Property. Truster shall maintain the Property free of all liens having priority <br /> over or equal to the interest of Lender under this Dead of Trust, except for the lien of taxes and assessments not due, except for the <br /> Existing Indebtedness referred to below, and except as otherwise provided in this Deed of Trust. <br /> PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Deed of Trust. <br /> Maintenance of Insurance. Truster shall procure and maintain policies of fire insurance with standard extended coverage <br /> endorsements on a fair value basis for the full insurable value covering all Improvements on the Real Property in an amount sufficient <br /> to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender, together with such other <br /> hazard and liability insurance as Lender may reasonably require. Policies shall be written in form, amounts, coverages and basis <br /> reasonably acceptable to Lender and issued by a company or companies reasonably acceptable to Lender. Truster, upon request of <br /> Lender, will deliver to Lender from time to time the policies or certificates of insurance in form satisfactory to Lender, including <br /> stipulations that coverages will not be cancelled or diminished without at least ten (10) days prior written notice to Lender. Each <br /> insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any <br /> act, omission or default of Truster or any other person. Should the Real Property be located in an area designated by the Director of <br /> the Federal Emergency Management Agency as a special flood hazard area, Truster agrees to obtain and maintain Federal Flood <br /> Insurance, if available, for the maximum amount of Truster's credit line and the full unpaid principal balance of any prior liens on the <br /> property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required <br /> by Lender, and to maintain such insurance for the term of the loan. <br /> LENDER'S EXPENDITURES. If Trustor fails (A) to keep the Property free of all taxes, liens, security interests, encumbrances, and other <br /> claims, (B) to provide any required insurance on the Property, (C) to make repairs to the Property or to comply with any obligation to <br /> maintain Existing Indebtedness in good standing as required below, then Lender may do so. If any action or proceeding is commenced that <br /> would materially affect Lender's interests in the Property, then Lender on Truster's behalf may, but is not required to, take any action that <br /> Lender believes to be appropriate to protect Lender's interests. All expenses incurred or paid by Lender for such purposes will then bear <br /> interest at the rate charged under the Credit Agreement from the date incurred or paid by Lender to the date of repayment by Truster. All <br /> such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; (B) be added to the <br /> balance of the Credit Agreement and be apportioned among and be payable with any installment payments to become due during either (1) <br /> the term of any applicable insurance policy; or (z) the remaining term of the Credit Agreement; or (C) be treated as a balloon payment <br /> which will be due and payable at the Credit Agreement's maturity. <br /> WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Deed of Trust: <br /> Title. Truster warrants that: (a) Truster holds good and marketable title of record to the Property in fee simple, free and clear of all <br /> liens and encumbrances other than those set forth in the Real Property description or in the Existing Indebtedness section below or in <br /> any title insurance policy, title report, or final title opinion Issued in favor of, and accepted by, Lender in connection with this Deed of <br /> Trust, and (b) Truster has the full right, power, and authority to execute and deliver this Deed of Trust to Lender. <br /> Defense of Title. Subject to the exception in the paragraph above, Truster warrants and will forever defend the title to the Property <br /> against the lawful claims of all persons. <br /> EXISTING INDEBTEDNESS. The following provisions concerning Existing Indebtedness are a part of this Deed of Trust: <br /> Existing Lien. The lien of this Deed of Trust securing the Indebtedness may be secondary and inferior to an existing lien. Truster <br /> expressly covenants and agrees to pay, or see to the payment of, the Existing Indebtedness and to prevent any default on such <br /> indebtedness, any default under the instruments evidencing such indebtedness, or any default under any security documents for such <br /> indebtedness. <br /> EVENTS OF DEFAULT. Truster will be in default under this Deed of Trust if any of the following happen: (A) Truster commits fraud or <br /> makes a material misrepresentation at any time in connection with the Credit Agreement. This can include, for example, a false statement <br /> about Truster's income, assets, liabilities, or any other aspects of Truster's financial condition. (B) Truster does not meet the repayment <br /> terms of the Credit. Agreement. (C) Truster's action or inaction adversely affects the collateral or Lender's rights in the collateral. This <br /> can include, for example, failure to maintain required insurance, waste or destructive use of the dwelling, failure to pay taxes, death of all <br />