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20120072� <br />DEED OF TRUST <br />Loan No: 0898354492 (COfltinUed) Page 3 <br />bond, reasonably satisfactory to Lender, to protect Lender's interest <br />Duty to Protect Trustor agrees neither to abandon or leave unattended the Property. Trustor shall do all other <br />acts, in addition to those acts set forth above in this section, which ftom the character and use of the Property are <br />reasonably necessary to protect and preserve the Property. <br />DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums <br />secured by this Deed of Trust upon the sale or transfer, without Lender's prior written consent, of all or any part of the <br />Real Property, or any interest in the Real Property. A"sale or transfer° means the conveyance of Real Property or any <br />right, title or interest in the Real Property; whether legal, beneflcial or equitable; whether voluntary or involuntary; <br />whether by outright sale, deed, installment sale conUact, land contract, conVact for deed, leasehold interest with a <br />term greater than three (3) years, lease-option contract, or by sale, assignment, or transfer of any beneflcial interest in <br />or to any land trust holding tiUe 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 <br />Nebraska law. <br />TAXES AND LIENS. The following provisions relaUng to the taxes and liens on the Property are part of this Deed of <br />Trust: <br />Payment. Trustor shall pay when due (and in all events prior to delinquency) all taxes, special taxes, assessments, <br />charges (including water and sewer), fines and imposiUons levied against or on account of the Property, and shall <br />pay when due all claims for work done on or for services rendered or material fumished to the Property. Trustor <br />shall maintain the Property free of all liens having priority over or equal to the interest of Lender under this Deed of <br />Trust, except for the Ifen of taxes and assessments not due and except as othervvise provided in this De� of <br />Trust. <br />Rlght to Contest. Trustor may withhold payment of any tax, assessment, or claim in connection with a good faith <br />dispute over the obligation to pay, so long as Lender's interest in the Property is not jeopardized. If a I(en arises or <br />is flled as a result of nonpayment, Trustor shall within fifteen (15) days after the lien arfses or, if a lien is flled, <br />within fifteen (15) days after Trustor has notice of the filing, secure the discharge of the lien, or if requested by <br />Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an <br />amount sufficient to discharge the lien plus any costs and attomeys' fees, or other charges that could accrue as a <br />result of a foreclosure or sale under the lien. In any contest, Trustor shall defend itself and Lender and shall satisfy <br />any adverse judgment before enforcement against the Property. Trustor shall name Lender as an addifional obligee <br />under any surety bond fumished in the contest proceedings. <br />Evldence of Payment Trustor shall upon demand fumish to Lender satisfactory evidence of payment of the taxes <br />or assessments and shall authorize the appropriate govemmental official to deliver to Lender at any Ume a written <br />statement of the taxes and assessments against the Property. <br />Notice of Constructlon. Trustor shall notify Lender at least fifteen (15) days before any work is commenced, any <br />services are fumished, or any materials are supplied to the Property, if any mechanic's lien, materlalmen's lien, or <br />other lien could be asserted on account of the work, services, or materials. Trustor will upon request of Lender <br />fumish to Lender advance assurances satisfactory to Lender that Trustor can and will pay the cost of such <br />improvements. <br />PROPERTY DAMAGE INSURANCE. The following provisions relatlng to insuring the Property are a part of this Deed of <br />Trust. <br />Maintenance of Insurance. Trustor shall procure and maintain policies of fire insurance with standard extended <br />coverage endorsements on a fair value basis for the full insurable value covering all Improvements on the Real <br />Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee <br />clause in favor of Lender. Trustor shall also procure and maintain comprehensive general liabflfty insurance in such <br />coverage amounts as Lender may request with Trustee and Lender being named as additional insureds in such <br />liability insurance policies. Additionally, Trustor shall maintain such other insurance, including but not limited to <br />hazard, business interruption, and boiler insurance, as Lender may reasonabiy require. Polfcies shall be wrltten in <br />form, amounts, coverages and basis reasonabiy acceptable to Lender and issued by a company or companies <br />reasonably acceptable to Lender. Trustor, upon request of Lender, will deliver to Lender from time to time the <br />policies or certiflcates of insurance in form saUsfactory to Lender, including stipulatlons that coverages will not be <br />cancelled or diminished without at least thirty (30) days prior written notice to Lender. Each insurance poiicy also <br />shall include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any act, <br />omission or default of Trustor or any other person. Should the Real Property be located in an area designated by <br />the Director of the Federal Emergency Management Agency as a special flood hazard area, Trustor agrees to obtain <br />and maintaln Federal Flood Insurance, if avallable, wlthin 45 days aftar noUce is given by Lender that the Property <br />is located in a special flood hazard area, for the full unpaid principal balance of the loan and 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 <br />otherwise required by Lender, and to maintain such insurance for the terzn of the loan. <br />ApplicaUon of Proceeds. Trustor shall prompUy notify Lender of any loss or damage to the Property. Lender may <br />make proof of loss if Trustor fails to do so within flfteen (15) days of the casualry. Whether or not Lender's <br />security is impaired, Lender may, at Lender's election, receive and retain the proceeds of any insurance and apply <br />the proceeds to the reduction of the Indebtedness, payment of any lien affecting the Property, or the restoreUon <br />