Laserfiche WebLink
Document management portal powered by Laserfiche WebLink 9 © 1998-2015 Laserfiche. All rights reserved.
201504372 <br /> DEED OF TRUST <br /> Loan No: 101287186 (Continued) Page 3 <br /> stripping of or waste on or to the Property or any portion of the Property. Without limiting the generality of the <br /> foregoiny, Trustor will not remove, or grant to any other party the right to remove, any timber, minerals (including <br /> oil and gas), coal, clay,scoria, soil,gravel or rocic proclucts without Lender's prior written consent. <br /> Removai of Improvements. Trustor shall not demolish or remove any Improvements from the Real Property without <br /> Lender's prior written consent. As a condition to the removal of any Improvements, Lender may require Trustor to <br /> make arrangements satisfactory to Lender to replaoe such Improvements with Improvements of at least equal <br /> value. <br /> Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all <br /> reasonable times to attend to Lender's interests and to inspect the Real Property for purposes of Trustor's <br /> compliance with the terms and conditions of this Deed of Trust. <br /> Compliance with Governmental Requirements. Trustor shall promptly comply with alI laws, ordinances, and <br /> regulations, now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the <br /> Property, including without limitation, the Americans With Disabilities Act, Trustor may contest in good faith any <br /> such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriatc appeals, <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 jeopardized. Lender may 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 /> _ _ _ _ _ _ _ _ _ <br /> acts, in addition to those acts set forth above in this section, which from 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, beneficial or equitable; whether voluntary or involuntary; <br /> whether by outright sale, deed, installment sale contract, land 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 beneficial 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. 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 liability company <br /> interests, as the case may 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 AIUD LIENS. The following provisions relating 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 impositions 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 matcrial 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 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 tax, assessment, or claim in connection with a good faith <br /> dispute over the obligation to pay,so long as Lender's interest in ihe Property is not jeopardized. If a lien arises or <br /> is filed as a result of nonpayment, Trustor shall within fifteen (15) days after the lien arises or, if a lien is tiled, <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 attorneys' 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 additional o6ligee <br /> under any surety bond furnished in the contest proceedings. <br /> Evidence of Payment. Trustor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes <br /> or assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written <br /> statement of the taxes and assessments against the Property. <br /> Notice of Construction. Trustor shall notify Lender at least fifteen (1 5) days before any worl<is commenced, any <br /> services are furnished, or any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, 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 advance assurances satisfactory to Lender that Trustor can and will pay the cost of such <br /> improvements. <br /> PROPERTY DAMAGE INSURANCE. The following provisions relating lo 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 />