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.be ~'t~r'~ t ~ :. 201005693 <br />5. WARRANTY OF TITLE. Grantor warrants that Grantor is or will be lawfully seized of the estate conveyed by <br />this Security Instrument and has the right to irrevocably grant, convey and sell the Property to Trustee, in trust, <br />with power of sale. Grantor also warrants that the Property is unencumbered, except for encumbrances of <br />record. <br />6. PRIOR SECURITY INTERESTS. With regard to any other mortgage, deed of trust, security agreement or <br />other lien document that created a prior security interest or encumbrance on the Property, Grantor agrees: <br />A. To make all payments when due and to perform or comply with all covenants. <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 />$. DUE ON SALE. Lender mays-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 112 C.F,R, 5911, as applicable. <br />9. WARRANTIES AND REPRESENTATIONS. Grantor has the right and authority tD 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 oat 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 <br />right to perform for Grantor will not create an obligation to perform, and Lender's failure to perform will not <br />preclude 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 <br />steps 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 (Propertyl: existing or future leases, <br />subleases, licenses, guaranties and any other written or verbal agreements for the use and occupancy of the <br />Property, including any extensions, renewals, modifications or replacements (Leases-; and rents, issues and <br />profits (Rentsl. In the event any item listed as Leases or Rents is determined to be personal property, this <br />Assignment will also be regarded as a security agreement. Grantor will promptly provide Lender with copies of <br />the Leases and will certify these Leases are true and correct copies. The existing Leases will be provided on <br />execution of the Assignment, and all future Leases and any other information with respect to these Leases will <br />be provided immediately after they are executed. Grantor may collect, receive, enjoy and use the Rents so <br />long as Grantor is not in default. Upon default, Grantor will receive any Rents in trust for Lender and Grantor <br />STEVEN A RETZLAFF <br />Nebraska Deed Of Trust <br />NE/aXLTIRREL00000000D00601052090210N Wolters Kluwer Financial Services "1996, 2010 Bankers SystemsT"' Page 3 <br />III III IIIIIIII III II Illllllll III IIIIII IIII III IIIIIIIIII iIIIIIII illl,Ill II I !IIII III I IIIIIII IIIIIIIIIII,II III ll <br />