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��l 5�681 1 <br /> DEED �F TRUST <br /> {Continued� Pa�e � <br /> Trust. This obfigation to indernnify and def�nd shall su��i�e the payment�f the Indebtedness and the satisfactivn <br /> ❑f this Deed of Trust. <br /> DUE�N SALE -C4NSENT BY LENDER. Lender may, at Lender's optivn, declare immediately due and payal�le all sums <br /> secured by this Deed of Trust upon the sal� ar transfer, without Lender's prior written consent. �f all or any part af the <br /> Real Property, or any interest in the Real Property. A "sale vr transfer" means the conveyanc� of Real Praperty vr any <br /> right, title or interest in the Rea! Praperty; whether legal, benefEcial vr equitable; whether �vluntary vr in�olunta�y; <br /> whether by autright sale, deed, installment sale cvntract, land ��ntract, contract for deed� leasehold interest with a <br /> term greater than three �3y yea�s, leas�-optian c�ntract, or by sa1e, assignment. ar trans�er af any beneficial interest in <br /> or t❑ any land trust hv�ding title to the Real Property, ❑r by any ❑ther methad vf cvn�eyan�e ❑f an interest in the Real <br /> Property. !f any Trustvr is a Gorparation. partnership ❑r limited liabifity cvmpany, transfer als❑ in�ludes any change in <br /> vwnership af mare than twenty-fi�e percent �25°/0� of#he�ating stock, partnership interests ar limi#ed liability cvmpany <br /> interests, as the case may be, o�such Trus�or. Howe�er. this option shall not be ex�r�ised by Lender if such exercise <br /> is prvhibited by federal law or by Nebraska law. <br /> TAXES AND LIENS. The �o!lawing pra�isivns relating ta the #axes and liens on the Property are part of this ❑eed of <br /> Trust: <br /> Payment. Trustar shall pay uvhen due �and in all e�ents prior to delinquencyf ai!taxes, sp�cial taxes, assessmsnts, <br /> charges �including water and s�wery, fines and impvsitivns le�ied against❑r an account❑f the Prvperty. and shall <br /> pay when due ali claims for work done on ar for s�r�ices rendered ar mater�al furnished t❑the Praperty. Trustor <br /> shall maintain the Property free vf alt liens ha�ing priarity v�er or equa!to the interes#❑f Lender under this Deed vf <br /> Trust, except for the lien ❑f taxes and assessments nat due and exc�pt as ❑therwise prv�ided in this Deed af <br /> Trust. <br /> PRQPERTY DAAIIAGE tNSURANCE. The following pro�isinns relating to insuring the Prvperty are a part❑f this Deed of <br /> Trust. <br /> Me�ntenan�e o# Insurance. Trustor shall pracure and maintain paEicies ❑f fire insuran�e with standard extended <br /> cv�erage endvrsements ❑n a replacement basis for the fut� insurable �alue ca�ering al� Imprv�ements on the Real <br /> Prvperty in an amaunt sufficient ta a�aid applicatian ❑f any cainsuranc� clause, and with a standard martgagee <br /> clause�n fa�or of Lender. Trustor shall also procure and main#atn comprehensive general liability insurance in such <br /> cv�erage amounts as Lender may request with Trustee and Lender bging named as additianal insureds in such <br /> liability insurance policies. Additionafly, Trustor shall maintain such other insurance, includin9 but not lirnited to <br /> hazard, business interruption, and boiler insurance, as Lender may reasanabiy requtre. Pvlicies shall b� written in <br /> farrn, amounts, co�erages and basis reasanahly acc�ptahl� t❑ Lender and issu�d hy a cornpany or campanies <br /> reasonahly acceptabie ta Lend�r. Trustor, upvn request af Lend�r. will deliver ta Lender firom time to time the <br /> policies ar certirticates vf insurance in fvrm satisfactory tv L�nder, includ'+ng stipuCati�ns that Goverages will not be <br /> �ancelled ar diminished withaut at least ten {1�f days priar written notice to Lender. Each insurance policy also <br /> shall include an end�rsement pra�iding that c��erage in fa�or❑f Lender will nat be impaired in any way by any act, <br /> ❑rnissi�n or default o�Trustvr or any ❑ther persan. Should the Real Property be located in an area designated by <br /> the Administratar of the Federaf Emergency Manag�ment Agency as a special ffood hazard area, Trustor agrees ta <br /> obtain and maintain Federal Flvod Insurance, if a�ailab�e, within 45 days aft�r notice is gi�en by Lender that the <br /> Property is Ivcated in a special fla�d hazard ar�a, for the full unpaid prin��pal halan�e of the loan and any prior liens <br /> ❑n the property securing the Ioan, up t❑th�maximum policy limits set under the Nationai Flood Insurance Program, <br /> or as atherwise required by Lender, and tv maintain such insurance for ths term❑f the Ioan. <br /> LENDER'S E�CPENDITURES. �f any action ar procesding is commenced that wou[d materially affect Lender`s interest in <br /> th� Property ar if Trustor fails to comply with any provisivn 4f this Deed of Trust v�any Related Documents, in�luding <br /> but not limited to Trustor's failure to discharge vr pay when due any amounts Trustor is required to dis�harge vr pay <br /> under this D�ed ❑f Trust❑r any Related ❑ocuments, Lender vn Trustor's behalf may (but sha�l nvt be obligated to7 take <br /> any a�tian that Lender deems appropriate on the Property and paying all costs fvr insuring, maintaining and preser�ing <br /> the Property. All such expenditures incurred or paid by Lend�r for suGh purposes wi{I then bear interest at the rate <br /> charged under the Note fram the date �ncurred ar paid by Lender to the date of repayment by Trustor, All su�h <br /> �xpenses will h�come a part of the Indehtedness and, at Lender's option, will �Ay be payable vn dernand; tB} be <br /> added to the balan�s vf the Nvte and be appartioned amang and be payable with any installment payments ta becams <br /> due �uring either �1 f the term of any applicable insurance palicy; ar �2� the remaining term af#he Note; or {�� be <br /> treated as a balloan payment which will be due and payable at the IVote's maturity. <br /> WARRANTY;DEFENSE�F TITLE. The fvllowing pro�isivns ralat+ng t�ownership o�the Property ar�a part af this D�ed <br /> ��Trust: <br /> Title. Trustar warrants that: �a� Trustor holds good and marketabie title of recard t� the Property in fee simple, <br /> free and clear vf all liens and encumbrances ather than those set forth in the Real Property description ar in any <br /> title insurance pvlicy, title report, ❑r final title opinion issued in fa�vr vf, and accepted by, Lender in connectivn <br /> with thts Deed of Trust, and �ta} Trustvr has the full right, power, and authority to execute and deli�er this Deed o� <br /> Trust t� Lender. <br /> Defense of Ti#le. Subject tfl #he excepti�n in the paragraph aba�e, Trustor warrants and vuill fore�er defend the <br /> title to the Praperty against the tawful claims of all persons. <br /> EVENTS �F DEFAULT. Each of the following, at Lender`s ❑ptivn, shall constitute an E�ent of Default under this Deed <br /> vf Trust: <br /> Payrnent Default. Trustar fails to make any payment when due under the Indebtedness. <br /> �ther Default. Trust�r fails tfl cvmp�y with any ather terrn, abligation, co�enant ar c�ndition contain�d in this Deed <br /> vf Trust vr in eny of the Related Documents. <br /> Compliance Defaul#. Failure to compfy with any ❑ther terrn, obligati�n, covenant or ca�.ndition contained in this <br /> Deed of Trust,the Note or in any of the Related Documents. <br /> Default on �#her PaymBnts. Failure❑f Trustor within the time required by this De�d a�Trust ta make any payment <br /> f�r taxes or insuranc�,❑r any�ther payrnent necessa�y ta pre�ent filing v#or to effect discharge af any��en. <br /> Def�ult in Fe�or vf Third Parties. 5hauld Grantar default under any Ivan. extensian of credit, security agreement, <br /> pur�hase vr sales agreement, or any other agreement, in fa�ar af any other�reditor vr persan that may materially <br /> affect any af Gran#or's prvperty ar Grantar's ability to repay the Indebtedness ar Grantor's ability to perform <br /> Grantor's vbligations under this Deed of Trust ar any related dacument. <br /> Death or Insol�ency. The dissolution of Trustor's tregardless of whether election ta continue is madef, any <br /> member withdraws fr�m the limit�d liahility company, ar any ath�r termination of Trustar's existence as a going <br /> business or the death o� any member, the insol�en�y of Trustvr, the appointment a� a re�ei�er far any part vf <br /> Trust�r's praperty, any assignment #vr the benefi# vf creditors, any type of creditar workaut, ❑r the <br /> commenGement vf any prviceeding under any bankruptcy vr insol�ency laws by or against Trustor. <br /> E�ents Aifecting Gu�rantor. Any vf the preceding e�ents ❑ccurs with respect to any Guarantor of any of the <br /> Indebtedness or any Guarantar dies or k�ecornes incompetent, vr revokes or disputes the �alidity of, �r liab�lity <br /> under, any Guaranty of the fndebtQdness. <br />