|
� ; A ' !� .. � ^ � �•
<br />201205915
<br />DEED OF TRUST
<br />Loan No: 101253472 (Continued) Page 3
<br />Property, including without limitetion, the Americans With Disabilities Act. Trustor may contest in good faith any
<br />such law, ordinance, or regulation end withhold complience during any proceeding, including eppropriate eppeals,
<br />so long as Trustor has 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 jeoperdized. Lender mey require Trustor to post adequate security or e aurety
<br />bond, reasonebly setisfactory to Lender, to protect Lender's interest.
<br />Duty to Protect. Trustor agrees neither to abandon or leave unattended the Property. Trustor shall do ell other
<br />acts, in addition to those acts set forth ebove in this section, which from the character snd use of the Property are
<br />reasonably necessary to protect and preserve the Property.
<br />DUE ON SALE - CONSENT BY LENDER. Lender may, et 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 eny pert of the
<br />Real Property, or eny interest in the Real Property. A"sale or transfer" means the conveyence of Real Property or any
<br />right, title or interest in the Real Property; whether legal, beneficial or equitable; whether voluntary or involuntery;
<br />whether by outright sale, deed, installment sale contract, lend contract, contract for deed, leasehold interest with a
<br />term greater than three (3) years, lease-option contract, or by sale, assignment, or transfer of any benefictal interest in
<br />or to any land trust holding title 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 lew or by
<br />Nebraska law.
<br />TAXES AND LIENS. The following provisions releting to the taxes and liens on the Property are part of thia Deed af
<br />Trust:
<br />Payment. Trustor shall pay when due (and in all events prior to delinquency) all texes, speciel taxes, assessmenta,
<br />charges (including water and sewer), fines and impositions levied against or on account of the Property, and ahell
<br />pay when due all claims for work done on or for services rendered or material furnished to the Property. Trustor
<br />shall maintain the Property free of all liens heving priority over or equal to the interest of Lender under this Deed of
<br />Trust, except for the Ifen of texes and assessments not due and except as otherwise provided in this Deed of
<br />Trust.
<br />Right to Contest. Trustor may withhold payment of any tex, assessment, or claim in connection with e good faith
<br />dispute over the obligation to pay, so long as Lender's interest in the Property is not jeopardized. If e lien arises or
<br />is filed es e result of nonpayment, Trustor shell within fifteen (15) days after the lien arises or, if a lien is filed,
<br />within fifteen (16) 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 setisfactory to Lender in an
<br />amount sufficient to discherge the Ilen plus eny costs and ettorneys' fees, or other charges thet could accrue as e
<br />result of a foreclosure or sele under the lien. In eny contest, Trustor shall defend itself and Lender end shall setisfy
<br />any edverse Judgment before enforcement against the Properry. Trustor shall name Lender as en edditional obligee
<br />under any aurety bond furnished in the contest proceedings.
<br />Evidence of Payment. Trustor shall upon demand furnish to Lender satisfactory evidence of peyment of the taxes
<br />or assessments and shall authorize the appropriate governmental offfciet to deliver to Lender et any t(me a written
<br />statement of the texes end essessments aga(nst the Properry.
<br />Notice of Consuuction. Trustor shall notify Lender at least fifteen (15) days before any work ia commenced, any
<br />services are furnished, or eny materials are supplied to the Property, if any mechanic's lien, materielmen's lien, or
<br />other Nen could be esserted on account of the work, services, or meteriels. Trustor will upon request of Lender
<br />furnish to Lender advance assurances 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 />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 ell 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 shell also procure end maintain comprehensive general liability insurance in such
<br />coverage amounts as Lender may request with Trustee end Lender being named es additionel insureds in such
<br />IiabiUty insurance policies. Additionally, Trustor shall maintain such other insurance, including but not limited to
<br />hezerd, business interruption, and boiler insurance, es Lender may reasonably require. Policies shell be written in
<br />form, emounts, coverages and basis reasonably ecceptable to Lender end issued by a company or companies
<br />reasonably acceptable to Lender. Trustor, upon request of Lender, wilt deliver to Lender from time to time the
<br />policfes or certificates of insurence ln form satfsfectory to Lender, including stipulations that coverages will not be
<br />cancelled or dimfnished without at least ten (10) days prior written notice to Lender. Eech insurence polfcy also
<br />shell include en endorsement providing that coverage in favor of Lender will not be impeired in any way by eny act,
<br />omission or default of Trustor or any other peraon. Should the Real Property be loceted (n an area designated by
<br />the Director of the Federal Emergency Management Agency as e special flood hazard erea, Trustor agrees to obtein
<br />and maintein Federal Flood Insurence, if evailable, for the full unpaid principal belance of the loan end eny prior
<br />liens on the property securing the loan, up to the maximum policy limits set under the Netional Flood Insurance
<br />Program, or as otherwise required by Lender, and to maintain such insurance for the term of the loan.
<br />Application of Proceeds. Trustor shall promptly notify Lender of any loss or damage to the Property. Lender may
<br />
|