Laserfiche WebLink
202111042 <br />DEED OF TRUST <br />(Continued) Page 3 <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 <br />restructuring of the legal entity (whether by merger, division or otherwise) or any change in ownership of more than <br />twenty-five percent (25%) of the voting stock, partnership interests or limited liability company interests, as the case <br />may be, of such Trustor. However, this option shall not be exercised by Lender if such exercise is prohibited by federal <br />law or by Nebraska law. <br />TAXES AND 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 material 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 the 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 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 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 obligee <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 (15) days before any work 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 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 replacement 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 />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 as additional insureds in such <br />liability insurance policies. Additionally, Trustor shall maintain such other insurance, including but not limited to <br />hazard, business interruption, and boiler insurance, as Lender may reasonably 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 acceptable to Lender. Trustor, upon request of Lender, will deliver to Lender from time to time the <br />policies or certificates of insurance in form satisfactory to Lender, including stipulations that coverages will not be <br />cancelled or diminished without at least thirty (30) days prior written notice to Lender. Each insurance policy also <br />shall include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any act, <br />omission or default of Trustor or any other person. Should the Real Property be located in an area designated by <br />the Administrator of the Federal Emergency Management Agency as a special flood hazard area, Trustor agrees to <br />obtain and maintain flood insurance, if available, for the full unpaid principal balance of the loan and any prior liens <br />on the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, <br />or as otherwise required by Lender, and to maintain such insurance for the term of the loan. Flood insurance may <br />be purchased under the National Flood Insurance Program or, if permitted by the Small Business Administration, <br />from private insurers providing "private flood insurance" as defined by applicable federal flood insurance statutes <br />and regulations, or from another flood insurance provider that is both acceptable to Lender in its sole discretion and <br />permitted by applicable federal flood insurance statutes and regulations. <br />Application of Proceeds. Trustor shall promptly notify Lender of any loss or damage to the Property. Lender may <br />