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� � ��-22-1999 DEED OF TRUST Page 3 . Loa� iVo 1044924 (Continued) 9 9 11 �.3 4 0 effect, of alt governmental authorities applicable to the use or occupancy of the Property, including without limitation, the Amerk:ans WRh DisabiliHes Act. Trustor may contest in good faith any such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Trustor has notified Lender in writing prior to doing so and so long as, in Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender may require Trustor to post adequate security or a surefy bond, reasonably satisfactory to lender,to protect Lender's interest. Duty to Protect. Trustor agrees neither to abandon nor leave unattended the Property. Trustor shall do all other acts,in additfon to those acis set forth above in this section,which from the character and use of the Property are reasonably necessary to protect and preserve the Property. DUE ON SALE-CONSENT BY LENDER. Lender may,at its option,dedere immediateiy due and payable all sums secured by this Deed of Trust upon the sele or transfer,without the Lender's prior written consent, of aA or any part of the Real Property, or any interest in the Real Property. A "sale or transfer'means the conveyance of Real Property or any right,title or interest therein;whether legal,beneficial or equitable;whether vduntary or involuntary;whether by outright sale,deed,InstaHment sale coniract,land contract,confirect for deed,leasehold interest with a term greater then three (3)years, lease-opHon contract, or by sale,assipnment, or transfer of any beneticfel interest in or to any land trust holdinp dtle to the Real Property, or by any other method of conveyance of Real Property interest. If any Trustor is a corporation,partnership or limited I(ebility company, transfer also includes any change in ownership of more than Mrenty-five perceM (25%)of the voNng stodc, partnership interests or Iimited liability company interests,as the case may be,of Trustor. However,this opHon shell not be exercised by Lender ff such exercise is prohibited by federal law or by Nebraska law. TAXES AND LIENS. The followinq provfsions relating to the taxes and Aens on the Property are a part of this Deed of Trust. Payment. Trustor shall pay when due(and in all events prior to delinquency)all texes, speciel taxes, assessmenls,charges(including water and sewer), fines and impositions i�vied ag�inst or on accouM of the Property, and shall pay when due all claims for work done on or for services rendered or meterial furnished to the Property. Trustor shaN mantain the Property lree of aN liens havinp prioriiy over or equal to the interest of Lender under this Deed of Trust,except for the Hen of taxes and assessments not due,except for the existlng indebtedness ref�erred to below,and except as otherwise provided in this Deed of Trust. Riyht To Contest. Trustor may withhold payment of any tax,assessment,or daim in connection with a good faith dispute over the obliyation to pay,so long as LendePs interest in the Property is not jeopardized. if a lien arises or is filed as a result of nonpayment,Trustor shall within fiffeen(15)days a(ter the lien arises or,if a lien is filed,within fifteen(15)days after Trustor has no4ce of the filing,secure the discharge of the lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond w oth� security satisfactory to Lender in an amount sufficient to discherge the lien plus any costs and attorneys'fees or other charges thet could accrue as a result of a foreclosure or sale under the lien. In any contest,Trustor shall defend itself and Lender and shaN satisty any adverse judgment before enforcement against the Property. Trustor shall name Lender as an addi6onal obligee under any surety bond furnished in the contest proceedings. Evidence of Payment. Trustor shall upon demand furnish to Lender satlsfactory evider�ce of payment of the taxes or assessmenis and shall authori�e the appropriate governmental oificial to deliver to Lender at any time a written statement of the taxes and assessmenis against the Property. Notice of Construction. Trustor shall notify Lender at least fifteen(15)days before any worlc is commenced,any seMces are furnished,or any meterials are supplied to the Prop�iy, if a�y mechanic's lien, materialmen's lien, or other lien could be asserted on axount of the work, services,or materials. Trustor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Trustor can and will pay the cost of such improvements. PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Deed of Trust. Mdntenance of Insurance. Trustor shall prxure and maintain pdicies of fire insurance with standard extended coverage endorsements on a replacement basis for the full insurable value covering all Improvements on the Real Property in an amount sufficieM to avdd epplicaHon of any cansurance clause,and with a standard mortfle�gee dause in favor of le�der. �rustor shall also procure and maintein comprehensive yeneral IiabiAty insurance in such coverage amounts as Lender may request with trustee and Lender being nemed as addiUonai insureds in such IiabNNy insurance policies. Additionally, Trustor shall maintain such other insurence, including but not limited to hazard, business interruptlon, and baler insurance,as Lender may reasonably require. Policies shaA be written in Mrm,amouhfs,coverages and basis reasonably acceptable to Lender and issued by a company or companies rsesonably acceptable to Lender. Trustor,upon request of Lender,will deliver to Lender from time to time the pdicies or ceriif�cates ot insurance ih foim sadstectory to 6e.�,•i��clud�ng sti�:.�atior�s that co�erages wili not be cancelled or diminished without at least ten(10)days'prior wrilten notice to Lender. Eech insurance pdicy also shaN(nclude an endorsement providin�that coverage in favor of Lender will not be impaired in any way by eny act,omission or defeuft of Trustor or any other person. Should the Reel Properly at any time become located in an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard erea,Trustor agrees to obtain end maintain Federal Flood Insurance for the full unpaid principai balance of the loan and any prior Ilens on the property securing the loan,Up to the ma�dmum policy limils set under the National Flood Insurance Program,or as otherwise required by Lender,and to maintain such insurance for the term of the loen. Applicatfon of Proceeds. Trustor shall promptly notify Lender of any loss or damage to the Prope�ty. Lender may make proof of loss if Trustor fails to do so within fiiteen(15)days of the casualty. Whether or not Lender's security is impaired,Lender may,at its election,receive and retain the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness,payment of any lien affectinp the Property,or the restoration and repair of the Property. If Lender elects to apply the proceeds to restoration and repair, Trustor shall repair or replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon satisfactory proot of such expenditure, pay or reimburse Trustor from the proceeds for the reasonable cost of repeir or restorafion ff Trustor is not in default under this Deed of Trust. Any proceeds which have not been disbursed within 180 days efter their receipt and which Lender has not committed to the repair or restoradon of the Property shall be used first to pay any amount owing to Lender under this Deed of Trust,then to pay accrued interest,and the remainder,if any,shall be applied to the principal balance of the Indebtedness. If Lender hdds any proceeds after payment in full of the Indebtedness,such proceeds shall be paid to Trustor as Trustor's interests may appear. Unexpired Insurance at Sale. Any uneucpired insurance shail inure to the benefit of,and pass to,the purchaser of the Property covered by this Deed of Trust at any trustee's sale or oth�sale held under the provisions of this Deed of Trust,or at any foreclosure sale of such Property. Compliance with Existin�Indebtedness. During the period in which any Ebsting Indebtedness described below is in effect,compliance with the insurance provisions contained in the instrument evidencing such F�dsting Indebtedness shall constitute compl(ance with the insurance provisions under this Deed of Trust,to the extent compliance with the t�ms of this Dsed of Trust would constitute a duplicetion of insurance requirement. If any proceeds from the insurance become payable on loss,the provisions in this Deed of Trust tw division of proceeds shall apply only to that portion of the proceeds not payable to the hdder of the E�assting indebtedness. Trustor's Report on Insurance. Upon request of Lender,however nof more than once a year,Trustor shall furnish to Lender a report on each exisHng policy of insurence showing: (a)the name of the insurer; (b)the�sks insured; (c)the amount of the pdicy; (d)the property Inaured, the then current repl3cement value of such property, and the manner oi determining that valus; and (e) the expiratlon date of the policy. Trustor shaH, upon request of Le�der, have an[ndependent epprais�satisfactory to Lender determine the cash value replacement cost of the Property. D(PENDITURES BY LENDER. If Trustor fails to comply with any provision of this Deed of Trust, including any obligatlon to meintain E�asUng Indebtedness in good standing as required below,or ff any action or procseding is commenced that would materially affect Lender's interests in the Property, Lender on Trustor's behalf may, but shall not be required to, take any action that Lender deems appropriete. Any amount that Lender expends in so doing will bear interest at the rate provided for in the Note from ihe date incurred or paid by Lender to the date of repayment by Trustor. All such e�cpenses,at Lender's option,will (a)be payable on demand, (b)be added to the balence of the Note and be apportioned among and be payable with any installment payments to become due during either (i)the t�m of any applicabie insuranoe policy or (ii)the remaining term of the Note, or (c) be treated as a balloon payment which will be due and payable at the Note's maturity. This Deed of Trust also will secure payment of these amounts. The rights provided for in this peragraph shaii be in addition to any other rights or any remedies to wh�h Lender may be entitled on account of the default. Any such action by Lender shall not be construed as curing the default so as to ber Lender from any remedy that it otherwise would have had. WARRANTY;DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Deed of Trust. Title. Trustor wanants that: (a)Trustor holds good and marketable title of record to the Property in fee simple,free and clear of all liens and encumbrances other than those set forth in the Real Prope�ty deecxiption or fn tha ExiatinQ Indebtedne�sacdon b•low or in any title Irnurarroa policy,tiBe report,or flnal title opinion issued in favor of,and accepted by,Lender in conneciion with this Deed of Trust,and (b)Trustor has the fuli right,power,and authoriy to execute and deliver thls Deed of Trust to Lender. Defenae of Title,. Subject to the e�cception in the paragraph above,Trustor warrants end will forever defend the tide to the�roperty against the Iawful claims of ap�persons. In the event any ac�tion or proceeding is commenced that quastlons Trustor's Hde or the Interest of Trustee or Lender under this Deed of Trust,Tn�st�shall defend the action at Trustor's e�ense. Trustor may be the nomin�l party in such proceedinp,but . „ ° , t . ..