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2012U5323 <br />{' . �° ' ' � DEED OF TRUST <br />Loan No: 101254117 (Continued) Page 3 <br />Compliance with f3overnmental Requirements. Trustor shell promptly comply with ell laws, ordinances, end <br />reguletions, now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the <br />Property, including without limitetion, the Americans �th Disabil(ties Act. Trustor mey contest in good faith any <br />such lew, ordinance, or reguletion and withhold compliance during any proceeding, including approprfate appeals, <br />so long as Trustor hes notified Lender in writing prior to doing so and so long as, in Lender's sole opinion, Lender's <br />interests in the Property are not jeopardized. Lender mey require Trustor to post adequate security or a surety <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 from the character and use of the Property ere <br />reasonably necessary to protect and preserve the Property. <br />DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declere immediately due and payeble all sums <br />secured by this Deed of Trust upon the sele 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 eny <br />right, title or interest in the Real Property; whether legal, beneficial or equitable; whether voluntery or involuntary; <br />whether by outright sale, deed, instaliment sale contrect, lend contract, contract for deed, leasehold interest with a <br />term greater than three (3) years, lease-option contract, or by sale, assignment, or trensfer of any beneficfal interest in <br />or to eny land trust holding title to the Real Property, or by any other method of conveyance of an intereat in the Real <br />Property. If any Trustor is a corporation, partnership or limited liability company, transfer also includes any change in <br />ownership of more than twenty-five percent (25%) of the voting stock, partnership interests or limited liabiflty company <br />interests, as the case mey be, of such Trustor. However, this option shall not be exercised by Lender if such exercise <br />is prohibited by federal law or by Nebraska law. <br />TAXES AND LIENS. The following provis(ons relating to the taxes end 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 weter and sewerl, fines and impositions levied egainst or on account of the Property, end shall <br />pay when due all claims for work done on or for services rendered or meterial furnished 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 lien of taxes end essessments not due and except as otherwise provided in this Deed of <br />Trust. <br />Right to Contast. Trustor may withhold payment of eny 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 jeoperdized. If a Uen ariaes or <br />is filed as a result of nonpeyment, Trustor shell within fifteen (15) days efter the lien ariaes or, if a Ifen fs filed, <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 en <br />amount sufficient to discharge the lien plus any costs and attorneys' fees, or other charges that could accrue as a <br />result of a foreclosure or sale under the lien. In any cantest, Trustor shall defend itself and Lender and shall satisfy <br />any adverse judgment before enforcement against the Property. Trustor shall neme Lender as an edditional obUgee <br />under any surety bond furnished in the contest proceedings. <br />Evidanca of Payment. Trustor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes <br />or assessments and shall authorize the appropriate governmentel official to deliver to Lender at eny tima a written <br />stetement of the taxes and assessments against the Property. <br />Nottce of Construction. Trustor shall notify Lender at least fifteen (15) days before any work is commenced, any <br />services are furnished, or any meterials are supplied to the Property, if any mechanic's Ifen, materialmen's Ifen, or <br />other lien could be asserted on account of the work, services, or materials. Trustor will upon request of Lender <br />furnish to Lender advence essurances satisfactory to Lender that Trustor can end will pay the cost of such <br />improvements. <br />PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Deed of <br />Trust. <br />Maintenanca of Insurence. Trustor shall procure and maintain policies of fire insurance with standard extended <br />coverage endorsements on a fair velue basis for the full insurable value covering all Improvements on the Real <br />Property in an amount sufficient to evoid application of any coinsurance clause, end with a stendard mortgagee <br />clause in favor of Lender. Trustor shall also procure and maintain comprehensive general liability insurance in such <br />coverage amounts as Lender may request with Trustee and Lender being named es additional insureds in such <br />liability insurance policies. Additionally, Trustor shall maintein such other insurence, including but not limited to <br />hezard, business interruption, and boiler insurance, as Lender may reasonabty require. Policies shall be written in <br />form, amounts, coverages and basis reasonably acceptable to Lender and issued by a company or companies <br />reasonably ecceptable to Lender. Trustor, upon request of Lender, will deUver to Lender from time to time the <br />policies or certificetes of insurance in form satisfactory to Lender, including stipuletions that coverages will not be <br />cancelled or diminished without at least ten (10) days prior written notice to Lender. Each insurance policy elso <br />shell include en endorsement providing that coverage in favor of Lender will not be impaired in any wey by any act, <br />omission or default of Trustor or any other person. Should the Real Properry be located in an area designeted by <br />the Director of the Federal Emergency Management Agency as a speciel flood hazerd area, Trustor agrees to obtain <br />