Laserfiche WebLink
JAN -10 -03 FRI 02,29 PM FAX PAGE 96 <br />DEED OF TRUST 200300479 <br />Loan No: 19647 (Continued) page 2 <br />the satisfaction antl reconveyanre a me lien of cot Dmtl of Tryst and shag not be affected by Lender's Amdahl l any interest In the <br />Properly, whether by f -a4num Or otherwse. <br />Nuisance, WMIO. Trustor shall not muse, conduct or permit any nusanco nor commih perms, Or suffer any stripping of or waste on or to <br />be Property Or any Porfon Of the Property. Without limiting lire garremgly of the IOregeng, Truster will not remove, or grant to any other <br />Party the right to remove, any limber, minerals (imuding dl and gas), call, play, snarls, sod, gravel Or rmk product without Lenders prior <br />written conspi <br />Remove) of ImPmvements. Testa shall not demolish or remove any Improvements from the Rml Property MlIficut Lender's prior written <br />corealL As a condition to the more l of any Improvements, Lender may require Topton to make arrangement sa fit clory to Lender he <br />replace such Improvements with improvement of at IBast equal ASIA. <br />Lenders. Mght to Enter. Lender and Lender's agents and moires llvm may seer upon the Rae) Property at all mamreble Xmas to <br />afterrd to Looder's interests and to inspect IRA Real Properly for purpmes of TruStat compliance with the terms and Conditions Of the Dead <br />of Trret. <br />Compliance with Governmental Requlmmerrt. Trusta shall prOnal comply with all laws, ordinance, and regutyrore, now or hereafter <br />in effect. of all governmentl authorities Applicable to the use or Occupancy of the Property. Truster may contest in good faith any such law, <br />ordinance. d regulation and withhold compliance dung any procopding, troll appropi appeal, so long u Total has nothga d <br />Lander in writing prior to doing m and so log as, in Lenders a* opinlrn. Lender's interests in the Property are not jeopardized. Lender <br />may oni Trustor to past Adequate smuny or a surely bond, ofilsonably satisfactory to Lender, to protect Lenders Interest. <br />Duty t0 Prolect. Truster agrees neither to abandon or leave Unafterni the Pmpady. Trustor shall do 4 other cols, in addillOn Is these <br />cots set forth above in this mouth which from the clurecler and use of the Property am reasonably necessary to protect and preserve the <br />Properly. <br />DUE ON SALE - CONSENT BY LENDER, Lender may, at Lenders option, declare Immedlalely due and payable all sums secured by this Dead <br />of Trust upon the sae or transfer, without Lender's prig written consent, of an or any pad or the Rae) property, or ate interest in the Real Pmpedy. <br />A wand or iranskr' mears the moveyance of Real Property a any right, tine Or interest in the Real Nepal whetter Real berwFctel or equitable; <br />whether voluntary a Invaluntry: whether by outright Sala, aced, Installment sale conaml, land contract, contract far deed, Iseashll interest with <br />a tam greeter than three (3) years, Iewpbption contract, Or by sale,.ssslpnment, or tenser of any beneficial Interest In or to any land Rust <br />hafting title to thm Real Properly, or by any other method of conveyance of an interest in the Read Property. However, this option shaft Trot be <br />exercised by Lender it Such exsmise is prohibited by federal law or by Nebraska law. <br />TAXES AND LIENS. The following provisions mlafing b the tares antl Irons on the Properly we pal athin Dead Of Tmah <br />Payment. Truef sr All pay when due (and in all avant pea to delrcluenoy) all taxes, appeal eyes, assassowms, charges (intruding water <br />and sewer), ends And Impeachers levied against On on Amount of the Property, and shell pay when due all ctRas for work done ono far <br />services rendered or matelot furoshm to the Property. Th ndr Anal) maintain the Property Rea of all liens saying pdordy over or equal to the <br />mtrest l Lender under this Deed of Trust, except for Iha lien of Wm and assessment not due And av;apt as otherwise provided in this <br />Deed of Trust. <br />Right 10 Callleal. Trusts they withhold payment of any tax, 6aseesnlent, a eaim in connection with a gcotl kith &puts over the obligation <br />to pay, as long sm Lender's Merger in are Properly is not jeopardized. If a fen &&SRS a is filed as a moue of nonpayment, Truster shag within <br />fiftean (15) days after the Ilan argues a; If a lien is filed, within all (15) days after Trustor has notice of the filing, suture the i fachmge of the <br />lien, or If requested by Lender, deposit with Lender cash Or a Sufficesm corporate surety bond l Other security mgsfaotmy Io Lander in an <br />amount suffeliant to discharge the lien plus any costs and aftormy5' Taal, or other charges that muld accrue AS a resin( of a bmClOm e a <br />all under the lien. In any coolest. Trustor shaft defend itself and Lander and shell Satisfy any adverse judgment before anfatpmand against <br />the Properly. Truster shall name Lender as an additane) obligee under any surely bond furnished in the contest proceedings. <br />Evidence of Payment. Trusts shall upon demand human to Lender setisfeary evidence Of payment l the taxes a Assessments and shall <br />authorize the appropriate govern m nlal OM018110 deliver t0 Lender at any time a wrdmn statement of the tam and aaae .nt soun et the <br />PropeM- <br />Nolim of Constmallm. Trlata shall no* Lender at test fifteen (15) days balm any wait IS commenced, any services are Nrrushed, or <br />any mati are supplied to the Property, ff any meohaMds lien, nestartlmen's lien, a other fen could be asserted on aecoum of the work, <br />SBMces, or materials. Trustor vela upon mqumt of Lender furnish to Lender advance 854aancw satisfactory to Lender that Too lr an and <br />MR pay the cost of such Improvements. <br />PROPERTY DAMAGE INSURANCE. The following provisions relating Io drsuring the Property are a pan of this Deed of TnsL <br />MallenalCO of IfW MM Truster Shall procure and mstntem pofidm of fire m urance with standard xQade t coverage endorsements on <br />a replecmmpnt beers for the full kivii Wind mvdnng all ImProvements on the Real Prmerly in an amount sufficient to avoid applcalo t of <br />any oensurana clause, and with a Standard Mortgages clause in laver or Lander, kWher with smn other hamrd and liability Insumnco AS <br />Leader may nwsonsbly require. Poltciesshall be wmen in lout, amounts, devismal and bast reasonably ameptable to Lander add Lwued <br />by a company or comparras reasonably Acceptable to Lender. Trusts, upon request d Lander, win delher to Lend, from amp to time the <br />polices Or ariftates of i 1SUrallm In form sal5ffiaay to Leader, including stipulations that averages will not be carlcefled or dlmintned <br />without at least tan (10) days Poor written notice to Lender. Each Irtumnce poicy aim Shall include an endonanrem providing that <br />coverage in favor of Lender veil not be impaired in anyway by any act, omission or deeut of Trustor or any other parson. Shocld the Neal <br />Properly be imaled in an area designated by the Dinal of the Federal Emergency Management Agency a8 a spatial good hazard area, <br />Trust& agrees to obtain and maintain Federal Flcotl Insurance, l available. within 45 days after notice is given by Lender that the Property is <br />tomled in special flood hazard sues, br the full unpad principal balance, of the loan and any prior hens on the property securing the loan, <br />up to the mawmum policy emits set under the National Flood mall ante Program, Of a otharwwe required by Lander, and to gairttin such <br />income. kk iha t,m of the loan <br />Application of Promeds. Truster mall promptly nary Longer, l any loss or damage to the Properly. Lender may make proof of loss it <br />Trustor fans to do so within finnan (1p) days of thB casuagy. Whether or not Lenders samurity '5 Impaired, Lander may, at Lenders Real <br />receive and retain the ,proceeds of any Insurance and apply the proceeds to the reduction of the Indmlednmm, payment of any Nm alleang <br />the Property, Or the Man0ma0n end raper off the Propady. If Lender elects to apply the proceeds to restoration and rapes, Truttor Shall <br />repair or replan the damaged or tlestroyed Improvement In a manner satisfactory to Lander. Land r shall, upon aetisketory poll of Such <br />samnal lure; pay a reimburse Truster hum the proceds for the reasonable con of repair or maloratlon II Trial, is not In domm under this <br />Deed of Trust, Any PrOceee. which have not been debased within 180 days after their receipt and which Lender has not commibed to the <br />repair or restoration of the Properly shall be used first to pay Any amount owing to Lender under this Dead of Trusl, then to pay accrued <br />Interest, and the mMoimter,'if any, shall be applied to the principal balance of the Indebladoese. If Land, holds any proceeds after payment <br />in full of the Indebtedness, such prmmds Shall be paid to Truster as Tmstoes imaBSls trey appear, <br />IDER'S EXPENDITURES. If Truster fags (A) to keep the Properly flee of el lazes, lore, smuiy improve. encumbrerces, and other claims, <br />to Provide any required irsumlim on the Property, or (C) to make repairs to the Property Shan Lender may do se. If any action or <br />ceetling t commanded that weld materially affect Larders Interests In the Property, than Lander on Trustees behalf may, but ts not required <br />lake any gotta that Lander believes to be Appropriate to protect Lenders intermis. At expersss imurmd a paid by Lender for such <br />Dome wih than bear interest at the cot charged under the Nato from rig date Incurred or paid by Lundy to the del of repayment by Toual <br />such expanses will become a pad of pis Indebtedness and, at Lender's option, win (A) be payable on demmtl: (e) be added 10 the balance <br />he Note and tie appaionad Among and be payable With any installment payments to become due during either (1) the term of any <br />licabe insurance policy; a (2) the remaining tea of the Not; or (C) be trealad AS a balloon payment which wig be due and payable at the <br />a's mat" . The Deed of Trust also will serene payment of these amoats. The rights provided for in this pmegraph Shall be in addition b <br />other rights , env mnedie, to which Lender may be entitled on import l any dal ll. My such aeon by Latta shall not be mrptrued As <br />rg the default m as to bar Lander from any, remedy out it otherwise would have haft. <br />MA ; DEFE Sr OF TITLE. The blowing provisbw Mel to ownership of Properly area pan of this Dead of Trust: <br />Title. Tnlater warrams that: (a) Trust, hclda good and marketable title l record to fine PrepMy ill #a simple, Rea antl clear l al sere and <br />emumbreiima mtcer than Nose set for, In the Real Property description or in AM fide ireunrca policy, Rt moon, or final we opinion <br />weed to favor 1, and aaeped by. Lander in connection Men this Dead Of Trust, and (b) Truth, Res the full right. power, and aWbonty to <br />