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� �2-'13-1999 DEED OF TRUST Page 3
<br /> Loan No 1055698 (Continued) 9 9 1117 5 7
<br /> saHsfactory to Lender,to protect Lender's interest.
<br /> Du1y to Protect. Trustor agrees neither to abandon nor leave unattended the Property. Trustor shall do all other acts,in additlon to those acls
<br /> set forth above in this section,which irom the charact�and use of the Property ere reasonably necessary to protect and preserve the Property.
<br /> DUE ON SALE-CONSENT BY LENDER. Lender may,at iis option,declare immediately due and payable all sums secured by this Deed oi Trust
<br /> upon the sele or transfer,without the Lender's prior written consent, of ail or any part of the Real Property,or any interest in the Real Properiy. A
<br /> "sale or hansfer'means the conveyance of Real Property or any right,tltle or interest therein;whether legal,beneflciel or equitable;whether vduntary
<br /> or invduntary;whether by outright sale,deed,ir�taliment sale contract,land coniract,contract for deed,leasehold interest with a term pr�ter than
<br /> three(3) years, leas�option contract, or by sele, essignment, or transfer of any beneficial interest in or to any land trust hddinp dtle to the Real
<br /> Prope�ty, or by any other method of conveyance of Real Property interest. If any Trustor is a corporation,partnership or limited IlabiNty company,
<br /> transfer aiso indudes any change in ownership of more than twenty-five pe�'cent(2596)of the votiny stock, partnership interests or Nmited NebiNty
<br /> company interesis,as the case may be,of Trustor. However,this option shall not be exercised by Lender if such ex�cise is prohibited by federal
<br /> Iaw or by Nebraska law.
<br /> TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are a part of this Deed of Trust.
<br /> Payment. Trustor shall pay when due(and in sll events prior to delinquency)all taxes,special texes,assessments,charpes(includinp water
<br /> and sewer), flnes 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 shell maintain the Property iree of all liens having p�iority over or equai to the
<br /> interest of Lender under this Deed of Trust,except for the lien of taxes and assessments not due,exc�pt for the exisdng indebtedness referred
<br /> to below,and except as otherwise provided in this Deed of Trust.
<br /> Riyht To Contest. Trustor may withhold payment of any tax,essessment,or claim in connecaon with a good faith dispute over the obligatlon
<br /> to pay,so long as Lender's int�est in the Properiy is not jeopardiied. If a lien arises or is flied as a resuft of nonpaymenf,Trustor shell within
<br /> fifleen(15)days after the lien arises or,if a lien is filed,within fiffeen(15)days after Trustor has notice of the fiNnp,secure the discharpe of the
<br /> lien, or if requested by Lender, d�asit with Lender cash or a suiflcient corporate surety bond or other securiy satisfactory to Lender In an
<br /> amount suiNcfent to discharge the lien plus any cosis and attorneys'fees or other cherges that could accrue as a resuft of a foreclosure or sak
<br /> under the lien. In any contest,Trustor shaN defend itself and Lender and shaR seNsy any edverse judgment before enforcemenf aqainst the
<br /> Property. Trustor shail name Lender as an addiHonal obHyee under any surety bond furnished in the contest pror.eedirps.
<br /> Evidence of Payment. Trustor shell upon demand fumish to Lender satisfactory evidence of payment of the taxes or assessments and shaN
<br /> authorize the appropriate governmental official to deliver to Lender at any time a written statement of the texes and assessments apeinst ths
<br /> Property.
<br /> Notkx of Conslruction. Trustor shail notify Lender at least fiffeen(15)days before any work is commenced,any services are fur�shed,or any
<br /> materials are supplied to the Properiy, if any mechanic's lien, materialmen's lien, or other lien could be asserted on aocount of the work,
<br /> services,or materials. Trustor will upon request of Lender furnish to Lender advance assurances sadsfactory to Lender that Trustor can and wHl
<br /> pay the cost of such improvements.
<br /> PROPERTY DAMAGE INSURANCE. The followiny provisions relaHng to insuring the Properiy are a part of this Deed of Trust.
<br /> Mdntenance of Insurance. Trustor shall procure and maintain pdicies of fire insurarx�with standard extended coverafle endorsements on a
<br /> replacement basis for the full insu�able value coverinq aN Improvemenis on the Real Propeily in an amount sufficient to avdd appHcatlon of any
<br /> coinsurance dause,and with a standard mortgegee clause in favor of Lender. Trustor shaN also prxure and maintain comprehensive peneral
<br /> Uebility insurance in such coveraqe amounis es Lender may request with trustee and Lender being named as addiUonal insureds in such NabiNiy
<br /> tnsurance policies. Additionally, Trustor shail maintain such other insurance, indudinq but not Nmited to hazard, busines,s interrupdon, and
<br /> boiler insurance,as Lender may reasonabty require. Pdicies shali be written in form,amounts,coveraqes and basls reasonably acceptable to
<br /> Lender and issued by a company or companies reasonably acxeptable to Lender. Trustor,upon request of Lender,wHl deliver to Lender(rom
<br /> time to Bme.the policies or ce�ificates of insurance in form satisfactory to Lender,includinp stipulations that coverayes wNl not be cancelled or
<br /> diminished without at least ten(10)days'prior written notice to Lender. Each insurance policy also shaN indude an endorsement providing that
<br /> cov�age in favor of Lender will not be impaired in any way by any act, omission or defeuR of Trustor or any other person. Should the Reol
<br /> Property at any time become located in an area designated by the Director of the Federal Emergency Management Agency as a speciel 11ood
<br /> hezard area,Trustor agrees to obtain and maintain Federal Flood Insurance for the full unpaid principal balance of the loan and any prior Yer�s
<br /> on the property securing the loan,up to the meximum policy limits set under the National Flood Insurance Program,or as otherwise requked by
<br /> Lender,and to maintain such insurance for the term of the loan.
<br /> ApplMation ot Proceeds. Trustor shall prompUy nody Lender of any loss or damage to the Property. Lender may meke proof of loss if Tn�stor
<br /> fails to do so wRhin flfteen(15)days of the casualty. Whether or not Lender's securNy is impaked,Lender may,at its elecUon,receive and retain
<br /> the proceeds of any insurance and apply the proceeds to the reductlon of the Indebtedness,payment of any lien affectlng the Property,or the
<br /> resforadon and repair of the Property. If Lender elecis to apply the proceeds to restoratlon and repair, Trustor sheq repak or repiece the
<br /> demaged or destroyed Improvemenfs in a manner satlsfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, pay or
<br /> reimburse Trustor trom the proceeds for the reasonable cost of repeir or restoratlon if Trustor is not in defautt under this Deed of Tn�st. My
<br /> proceeds whbh have not been disbursed within 180 days 8fter their rec�ipt and which Lender has not commNted to the repair or restaeHon of
<br /> the Property shall be used�rst to pay any amount owing to Lender under thls Deed of Trust,then to pay aa�rued interest,and the remainder,N
<br /> . any,shall be applied to the principal balance of the Indebtedness. if Lender holds any proceeds after payment in full of the Indebtedness,such
<br /> proceeds shail be paid to Trustor as Trustor's interests may appear.
<br /> Unexpired Insurance at Sde. Any unexpired insurance shall inure to the benefit of,and pass to,the purchaser of the Property covered by Mds
<br /> Deed of Trust at any trustse's sale or other sale heid under the provisions of this Deed of Trust,or at any foreclosure sale of such Property.
<br /> Compllance with E�dstinp Indebtedness. Durirq�the period in which any F�dstiny Indebtedness desc►ibed below is in effect,compNance with
<br /> the insurance provisions contained in the instrument evidencing such Exlsting Indebtedness shall constitute compliance with the insurance
<br /> provislons under this Desd of Trust,to the extent compliance with the terms of this Deed of Trust would consdtute a duplicaHon of in.surance
<br /> requlrement. If any proceeds irom the insurar►ce become payable on loss,the provisions in this Deed of Trust for division of proceeds shaN
<br /> apply only to that portion of the proceeds not payable to the hotder of the Exlsting Indebtedness.
<br /> Trustor,'s Report on Insurance. Upon request of Lender,however not more than once a year,Trustor shail furnish to Lender a report on each
<br /> e�dsting polky of insurance showing: (a)the name of the insurer; (b)the risks insured; (c)the amount of the pdicy; (d)the property insured,
<br /> the'then current replacement value of such property, and the manner of determining that value; and (e) the e�iratlon date of the poNcy.
<br /> - Tn�stor shali, upon request of Lender, have an independent appraiser saasfactory to Lender determine the cash value replacement cost of the
<br /> Property.
<br /> D(PENDITURES'BY LENDER. if Trustor fails to comply with any provision of this Deed of Trust, including any obliyaBon to maintain E�dsMnp
<br /> Indebtedness in qood standing as requked below,or ff a�y action or proceeding is commenced that would materially affect Lender's interesis in the
<br /> Property, Lender on Trustor's behalf may, but shaH not be required to, take any acGon that Lender deems appropr(ate. Any amount that Lender
<br /> expends in so doing wiN bear interest$t the rate provided for ln the Note from the date incuned or paid by Lender to the date of repayment by
<br /> Trustor. All such expenses,at Lender's opdon,wiN (a)be payable on demand, (b)be added to the balanoe of the Note and be apporfioned amonp
<br /> and be payable with any installment payments to become due during either (i)the term of any applicable insurance pdicy or (ii)the remainirp term
<br /> of the Note, or (c) be treated as,a balloon payment which wiN be due and payabie at the Note's maturity: This Deed of Trust nlso wiN secure
<br /> payment o(these amounls. The rights provided for in this paragraph shall be in addiUon to any other rights or any remedies to which Lender may be
<br /> entided on e4c;count of the default. Any such actlon by Lender shaA not be cw�strued as curing the default so 8s to bar Lender irom any remedy that
<br /> it otherwisa,would have had.
<br /> WARRANTY�'DEFENSE OF TIT�.E. The fol�owinp provislons relatlng to ownership of,the Property are a part of this Deed of Trust.
<br /> Title. Trustor warrants thet: (a)Trustor hdds good and marketable tide of record to the Property in fee simple,tree and dear of aN liens and
<br /> encumbra�other than thqse set forth in the Real Property descripUon or in the Existinq Indebtedness sectlon below or in any tltle insurance
<br /> pdicy,dde report,or flnal title opinion issued in favor of,and accepted by,Lender in connectlon with this Dsed of Tn�st,snd (b)Trustor has the
<br /> tuN ri�ht,power,and suthority ta execute and deliver this Deed of Trust to Lender.
<br /> Detense of TIt10. Subject to the expaption in the para9raph above,Trustor wanants and wiN forever defend the dtl�to the Property a�afnst the
<br /> IUwfW okime ot�ll penorn. In #M�wnt�ny�otlon a prooMdinp I� oomm�nad th�t quatloru Tru�tor's tlll� a!h�IntKwt of TnntN a
<br /> l.ender under this Deed of Trust,'Trustor sheN;detend the action at Trustor's expense. Trustor may be the nominal pa[ty in such proceedinp,but
<br /> Lender shall be entided to pa�iClpate 1n the proceedinq and to be represented in the prooeeding by counsel ot Lenders own choice, and
<br /> Trustor wiN deYver.qr cause to be delivered�to Lender such it�struments as�ender may requast from dme to dme to permit such pa�ictpadon.
<br /> Cqmpllance With�,a,awa Trustot warrants that the Property and°Truslor�s use of the i'roperfy complies wHh aM eodslirp eppNcable laws,
<br /> ordinances,and repuiations of�ovemmental authaities.
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