200500131
<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 />Upon sale of the Property and to the extent not prohibited by law and after first paying all fees, charges and
<br />costs, Trustee will pay to Lender all moneys advanced for repairs, taxes, insurance, liens, assessments and prior
<br />KATHRYN LYN VANDEBERG
<br />Initials
<br />Nebraska Deed Of Trust
<br />NE/ 4XX283 2 50008 1 5 1 000045 5 802 2 1 2 2304Y °1996 Bankers Systems, Inc., St. Cloud, MN E.15E�," Page 2
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