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DEED OF TRUST <br />(Continued) 200404314 Page 2 <br />Removal of Improvements. Trustor shall riot demolish or remove any Improvements from the Real Property without Lenders prior written <br />cor*W. As a condition to the removal of any Improvements, Lender may require Trustor to make arrangements satisfactory to Lender to <br />,;,mace such Improvements with Improvements of at least equal value. <br />Lender's Right to Enter. Lender and Lenders agents and representatives may enter upon the Real Property at all reasonable times to <br />attend to Lenders interests and to Inspect the Real Property for purposes of Trustor's compliance with the terms and conditions of this Deed <br />of Trust. <br />Compliance with Governmental Requirements. Trustor shall promptly comply with all laws, ordinances, and regulations, now or hereafter <br />in effect, of all g&emmental authorities applicable to the use or occupancy of the Property, including without limitation, the Americans With <br />Disabilities Act. Trustor may contest in good faith any such law, ordinance, or regulation and withhold compliance during any proceeding, <br />Including appropriate appeals, so long as Trustor has notified Lender in writing.prior to doing so and so long as, in Lenders sole opinion, <br />Lenders interests in the Property are not jeopardized. Lender may require Trustor to post adequate security or a surety bond, reasonably <br />satisfactory to Lender, to protect Lenders interest. <br />Duty to Protect. Trustor agrees neither to abandon or leave unattended the Property. Trustor shall do all other acts, in addition to those <br />acts set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and preserve the <br />Property. <br />DUE ON:SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums secured by this Deed <br />of Trait upon the sale or Wafer, without Lender's prior written consent, of all or any part of the Real Property, or any interest In the Real Property. <br />A "sale or transfer" means the conveyance of Real Property or any right, title or interest in the Real Property; whether legal, beneficial or equitable; <br />whether voluntary or involuntary; whether by outright sale, deed, Installment sale contract, land contract, contract for deed, leasehold interest with <br />a term greater than three (3) years, lease- option contract, or by sale, assignment, or transfer of any beneficial interest in or to any land trust <br />holding title to the Real Property, or by any other method of conveyance of an interest in the Real Property. However, this option shall not be <br />exercised by Lender if such exercise Is prohibited by federal 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 Trust: <br />Payment. Trustor shall pay when due (and in all events prior to delinquency) all taxes, special taxes, assessments, charges (including water <br />and sewer), fines and impositions levied against or on account of the Property, and shall pay when due all claims for work done on or for <br />services rendered or material furnished to the Property. Trustor shall maintain the Property free of all liens having priority over or equal to the <br />Interest of Lender under this Deed of Trust, except for the lien of taxes and assessments not due and except as otherwise provided in this <br />Deed of Trust. <br />Right to Contest. Trustor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the obligation <br />to pay, so long as Lender's interest in the Property Is not jeopardized. If a lien arises or is filed as a result of nonpayment, Trustor shall within <br />fifteen (15) days after the lien arises or, If a lien Is filed, within fifteen (15) days after Trustor has notice of the filing, secure the discharge of the <br />lien, or If requested by 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 result of a foreclosure or <br />sale under the lien. In any contest, Trustor shall defend itself and Lender and shall satisfy any adverse judgment before enforcement against <br />the Property. Trustor shall name Lender as an additional obligee 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 or assessments and shall <br />authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the <br />Property. <br />Notice of Construction. Trustor shall notify Lender at least fifteen (15) days before any work is commenced, any services are furnished, or <br />any materials are supplied to the Property, 9 any mechanic's Nary materlalnnen's lien, or other lien could be asserted on account of the work, <br />wVioss, er ma*AIs. Trtar WIN upon request of Leiter Ufltah to LWOW advancte tt �ae <br />wili'pay the -Cost of fUdff'i'mprove'iir 9-nW.. ►Y to Lender that Tru rsto can enrol <br />PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this,Deed of Trust. <br />Maintenance of Insurance. Trustor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on <br />a fair value basis for the full insurable value covering all Improvements on the Real Property in an amount sufficient to avoid application of <br />any coinsurance clause, and with a standard mortgagee clause in favor of Lender. Trustor shall also procure and maintain comprehensive <br />general liability insurance in such coverage amounts as Lender may request with Trustee and Lender being named as additional insureds in <br />such liability insurance policies. Additionally, Trustor shall maintain such other insurance, including but not limited to hazard, business <br />interruption, and boiler insurance, as Lender may reasonably require. Policies shall be written in form, amounts, coverages and basis <br />reasonably acceptable to Lender and Issued by a company or companies reasonably acceptable to Lender. Trustor, upon request of <br />Lender, will deliver to Lender from time to time the policies or certificates of insurance in form satisfactory to Lender, including stipulations <br />that coverages will not be cancelled or diminished without at least ten (10) 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, omission or default of <br />Trustor or any other person. The Real Property is or will be located in an area designated by the Director of the Federal Emergency <br />Management Agency as a special flood hazard area. Trustor agrees to obtain and maintain Federal Flood Insurance, If available, for the full <br />unpaid principal balance of the loan and any prior liens on the property securing the loan, up to the maximum policy limits set under the <br />National Flood Insurance 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 make proof of loss if <br />Trustor fails to do so within fifteen (15) days of the casualty. Whether or not Lenders security is impaired, Lender may, at Lenders election, <br />receive and retain the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness, payment of any lien affecting <br />the Property, or the restoration and repair of the Property. If Lender elects to apply the proceeds to restoration and repair, Trustor shall <br />repair or replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such <br />expenditure, pay or reimburse Trustor from the proceeds for the reasonable cost of repair or restoration if Trustor Is not in default under this <br />Deed of Trust. Any proceeds which have not been disbursed within 180 days after their receipt and which Lender has not committed to the <br />repair or restoration of the Property shall be used first to pay any amount owing to Lender under this Deed of Trust, then to pay accrued <br />Interest, and the remainder, If any, shall be applied to the principal balance of the Indebtedness. If Lender holds any proceeds after payment <br />In full of the Indebtedness, such proceeds shall be paid to Trustor as Trustors Interests may appear. <br />Trustor's Report oq,Instlrat ]ore..: Upea4, sgUe :of Lender,.however -n of more tiMsrr once a Year Trustor shall furnish to tender a report on <br />each existing policy of insurance showing: (1) the name of the insurer; (2) the risks insured; (3) the amount of the 'policy; (4) the <br />property insured, the then current replacement value of such, proir and " manner of determining that value; and (5) the expiration <br />date of the policy. Trustor shall, upon request of Lender, have 8 ent appraiser satisfactory to Lender determine the cash value <br />replacement cost of the Property. <br />LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lenders interest in the Property or If Trustor <br />fails to comply with any provision of this Deed of Trust or any Related Documents, including but not limited to Trustors failure to discharge or pay <br />when due any amounts Trustor is required to discharge or pay under this Deed of Trust or any Related Documents, Lender on Trustors behalf <br />may (but shall not be obligated to) take any action that Lender deems appropriate, including but not limited to discharging or paying all taxes, <br />liens, security interests, encumbrances and other claims, at any time levied or placed on the Property and paying all costs for insuring, maintaining <br />and preserving the Property. All such expenditures incurred or paid by Lender for such purposes will then bear interest at the rate charged under <br />the Note from the date incurred or paid by Lender to the date of repayment by Trustor. All such expenses will become a part of the Indebtedness <br />arid, at Lenders option, will (A) be payable on demand; (B) be added to the balance of the Note and be apportioned among and be payable <br />with any installment payments to become due during either (1) the term of any applicable insurance policy; or (2) the remaining term of the <br />Note; or (C) be treated as a balloon payment which will be due and payable at the Note's maturity. The Deed of Trust also will secure payment <br />of these amounts. Such right shall be in addition to all other rights and remedies to which Lender may be entitled upon Default. <br />WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Dead of Trust: <br />Title. Trustor warrants that: (a) Trustor holds good and marketable title of record to the Property in fee simple, free and clear of all liens and <br />encumbrances other than those set forth in the Real Property description or in any title Insurance policy, title report, or final We opinion <br />Issued In favor of, and accepted by, Lender in 00ie011011 WM AIIIIS DOW of Trust, and (b) Trustor has the full right, power, and authority to <br />