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2� 1 ��7277 <br /> DEED �F TRUST <br /> Loan No: 'I D'1��97�6 {Continued� Page 3 <br /> regulations, naw or hereafter in effect, ❑f all go�ernm�ntal authorities appficable tv the use or ❑ccupancy ❑f the <br /> Praperty, including withvut limitation, the Am�ricans WiCh Disabiliti�s Act. Trustor may �on�est in govd �aith any <br /> such law, ordinance, or regulativn and withhold campliance during any pro�eeding, in�luding apprapriate appeals, <br /> so lang as Trustor has nati�ied Lender in writing prior to daing so and so Iong as, in Lender's sale opinivn, Lender's <br /> interests in the Property are not jeapardized. Lender may require Trustor to po�t adequate security ❑r a surety <br /> bond, reasonataly satisfactory to Lende�, t❑pratect Lender's interest. <br /> ❑uty to Protect. Trustor agrees neither t❑ ahandon or lea�� unattended the Property. Trustor shall da afl ❑ther <br /> acts, in addttion to thvse a�ts set forth aba�� in this section, which frvm the character and use of the Praperty are <br /> reasonably nec�ssary tv pratect and preser�e the Prvperty. <br /> Constructian Loan. if svme❑r all ❑f the proceeds of the loan creating the Indebtedness are to be us�d to �onstruct <br /> or cnmplete construction vf any Impro�ements an the Property, the Impro�ements shall be completed no later than <br /> the maturity date of the Note �or such earlier date as Lender may reasonably estabtishy and Trustar shalf pay in full <br /> a�l costs and expenses in conn�Gtion with th� work. Lender w�ll disburs� loan proceeds under such terms and <br /> canditivns as Lender may deem reasonably necessary to insure that the int�rest created by this Deed vf Trust shall <br /> ha�e priority v�er all possible liens, including those of material suppliers and warkmen. Lend�r may r�quire, among <br /> other things, that disk�ursement requests be supported by receipted bills, expens� affida�its, ►rvai�ers of liens, <br /> constructivn prngress reports, and such ather dacum�ntation as Lender may reasanab�y request. <br /> DUE aN SALE - CONSENT BY LENQER. Lender may, at Lend�r's optian, declare immediately due and payabfe a�l sums <br /> secured by this D�ed ❑f Trust upan the sa�e or transfer, withaut Lender's pri�r written cansent, ❑f all vr any part ❑�the <br /> Real Prflperty, or any interest in the Rea� Prop�rty. A "sale ar transfer" means the con�eyance of Real Prvperty or any <br /> right, title or interest in the Real Property; whether legaf, beneficial ar equitable; whe�ther �oluntary vr in�aluntary; <br /> whether by outright sale, deed, installment sale �ontract, land cvntract, contract fnr deed, leasehold interest with a <br /> term greater than three f3f years, lease-option �ontra�t, or by sale, assignment, ar transfer vf any beneficial inter�st in <br /> �r to any fand trust halding title t❑ the Rea! Prop�rty, or by any ❑ther methvd ot can�eyance of an interest in the Real <br /> Prvperty. If any Trustor is a �orparatian, partnership or limited liability �ompany, transfer alsa includes any change in <br /> own�rship af mvre than twenty-fi�� percent ��5°Io} of th� �oting stvck, partnership interests nr limited liability company <br /> interests, as the case may be, of such Trustar. H�we�er, this option shall not be exe�cised by Lender if such exercise <br /> is prohibited by federal law ❑r by Nebraska law. <br /> TA�CES AND LIENS. The follvwing pro�isEons relating to �he tax�s and �iens on the Proper�y are part of this �eed vf <br /> Trust: <br /> Payment. Trustar sha�� pay when due �and in a!� e�en�s prior ta delin�uency� all taxes, speGial taxes, assessments, <br /> charges tincluding water and sewer}, fines and impositions le�ied against or ❑n accaunt vf the Prop�rty, and shall <br /> pay when due all c�aims for work dvne on or fvr ser�ices rendered ❑r material furnished ta the Praperty. Trustar <br /> shall maintain the Property free of all liens ha�ing priarity a�er vr equal tv the inte�est ❑f Lender under this ❑eed ❑f <br /> Trust, except far the lien of taxes and assessments not due and ex�ept as atherw3se pra�ided in this �eed �f <br /> Trust. <br /> Right to Contest. Trustvr may withhvld payment of any tax, assessment, �r elaim in connection wi�h a goad faith <br /> dispute ❑�er the abligatian to pay, so long as Lender's interest in the Prope�ty is not j�opardized. If a ��en arises or <br /> is filed as a result ❑f nanpayment, Trustar shall within fifteen �15y days after the lien arises c�r, if a fien is filed, <br /> within fifteen t 1 5} days after Trustar has natice af the fi�ing, s�cure the discharge of the lien, or if requested hy <br /> Lender, deposit with Lender cash or a sufficient ��rpara�e surety bond or❑ther security satisfactory to Lender in an <br /> amount suf#icient ta discharge ihe lien plus any �asts and attorneys` fees, ❑r other charges that could accrue as a <br /> re�ult �f a foreclvsure ❑r sale under the �ien. �n any contest, Trustc�r shall defend itself and Lender and shall satisfy <br /> any ad�e�se judgment before enfor�ement against the Prop�r�y. Trustor shall name Lender as an additional ��ligee <br /> under any surety bvnd �urnished in the cflntest proceedings. <br /> E�iden�e vf Payment. Trustor shall upon demand furnish ta Lender satisfactory e�idence of payment of the taxes <br /> or assessments and shall authorize the apprapriat� go�ernmental officiat ta de�f�er to Lender at any time a written <br /> statement❑f the taxes and asses�ments aga�nst the Prope�ty. <br /> Noti�e of Con�tru�tion. Trustar shall notify Lender at least fifteen �1 5y days be�fore any wark is commen�ed, any <br /> ser�ices are furnished, or any materials are suppl�ed to the Property, if any mechanic's lien, materialmen's lien, or <br /> vther lien could be asserted on account of the work, ser�ices, or materia[s. Trustor will upvn request of Lender <br /> furnish to Lender ad�ance assurances sat�sfactory to Lender that Trustar can and will pay the cvst o# su�h <br /> impro�ements. <br /> PROPERTY DAMAGE INSURANCE. The fvllvwing pr��isions relating to insuring the P�operty are a part ❑# this Deed ❑f <br /> Trust. <br /> Maintenance of Insurance. Trustor shall procure and main�ain policies of fire insurance with standard extended <br /> cv�erage endorsements on a fair �alue �asis for the full insurable �alue cv�ering all Impro�ements on the Real <br /> Property in an amount sufficient ta a�oid application af any �oinsurance clause, and with a standard mortgagee <br /> claus� in fa�or of Lender. Trustar shal� alsv pro�ure and rnaintain comprehensi�e general liability insurance in such <br /> co�erage amaunts as Lender may reques� with Trustee and Lender being named as additionaf �nsureds in such <br /> liability insuran�e pali�ies. Additianally, Trustor shall maintain such other insuran�e, including but not limi�ed t❑ <br /> hazard, business interruption, and boiler insurance, as Lender may reasonably require. Palicies shall be written in <br />