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201104431
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6/15/2011 9:05:33 AM
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6/15/2011 9:05:33 AM
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DEEDS
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201104431
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20�iO443i <br />Ins�rument and in return Grantor will provide Lender with collateral of at least equal value to the Property <br />without prejudice to any of Lender's rights under this Security Instrument. <br />L. Notwithstanding any of the language contained in this Security Instrument to the contrary, the terms of <br />this section will sunrive any foreclosure or satisfaction of this Security Instrument regardless of any passage <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 />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 />18. INSURANCE. Grantor agrees to keep the Property insured against the risks reasonably associated with the <br />Property. Grantor will maintain this insurance in the amounts Lender requires. This insurance will last until the <br />Property is released from this Security Instrument. What Lender requires pursuant to the preceding two <br />sentences can change during the term of the Secured Debts. Grantor may choose the insurance company, <br />subject to Lender's approval, which will not be unreasonably withheld. <br />All insurance policies and renewals shall include a standard "mortgage clause" (or "lender loss payable clause") <br />endorsement that names Lender as "mortgagee" and °loss payee". If required by Lender, all insurance policies <br />and renewals will also include an "additional insured" endorsement that names Lender as an "additional <br />insured". If required by Lender, Grantor agrees to maintain comprehensive general liability insurance and rental <br />loss or business interruption insurance in amounts and under policies acceptable to Lender. The comprehensive <br />general liability insurance must name Lender as an additional insured. The rental loss or business interruption <br />insurance must be in an amount equal to at least coverage of one year's debt service, and required escrow <br />account deposits (if agreed to separately in writingl. <br />Grantor will give Lender and the insurance company immediate notice of any loss. Alf insurance proceeds will <br />be applied to restoration or repair of. the Property or to the Secured Debts, at Lender's option. If Lender <br />acquires the Property in damaged condition, Grantor's rights to any insurance policies and proceeds will pass to <br />Lender to the extent of the Secured Debts. <br />Grantor will immediately notify Lender of cancellation or termination of insurance. If Grantor fails to keep the <br />Property insured, Lender may obtain insurance to protect Lender's interest in the Property and Grantor will pay <br />for the insurance on Lender's demand. Lender may demand that Grantor pay for the insurance all at once, or <br />Lender may add the insurance premiums to the balance of the Secured Debts and ch�rge interest on it at the <br />rate that applies to the Secured Debts. This insurance may include coverages not originally required of <br />Grantor, may be written by a company other than one Grantor would choose, and may be written at a higher <br />rate than Grantor could obtain if Grantor purchased the insurance. Grantor acknowledges and agrees that <br />Lender or one of Lender's affiliates may receive commissions on the purchase of this insurance. <br />19. ESCROW FOR TAXES AND INSURAIVCE. Grantor will not be required to pay to Lender funds for taxes and <br />insurance in escrow. <br />20. 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 />21. 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, including, without limitation, the right to appoint a successor or <br />substitute trustee at any time and from time to time. <br />22. OTHER TERMS. The following are applicable to this Security Instrument: <br />A. Line of Credit. The Secured Debts include a revolving line of credit provision. Although the Secured <br />Debts may be reduced to a zero balance, this Security Instrument will remain in effect until the Secured <br />Debts and all underlying agreements have been terminated in writing by Lender. <br />B. No Action by Lender. Nothing contained in this Security Instrument shall require Lender to take any <br />action. <br />23. 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 />24. 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 />KENNETH A KOHLHOF <br />Nebraska Deed Of Trust <br />NE/4AMOSEMAN00000000000621065060817 N Wolters Kluwer Financial Services �t 996, 2011 Bankers Systems'" Page 6 <br />l�� <br />
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