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DEED OF TRUST <br />Loan No: 119827 200302808 (Continued) Paget <br />Property, whether by foreclosure or otherwise. <br />Nuisance, Waste. Truster shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to <br />he Property or any portion of the Property. Without limiting the generality of the foregoing, Truster will not remove, or grant to any other <br />parry the right to remove, any limber, minerals (including of and gas), coal, clay, scoria, soil; gravel or rack products without Lender's prior <br />written consent. <br />Removal of Improvements. Tmstor shall not demolish or remove any Improvements from the Real Properly without Lender's prior written <br />consent. As a condition to the removal of any Improvements, Lander may require Truster to make arrangements satisfactory to Lender to <br />replace sudh 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 M Landers interests and to inspect the Real Property for purposes of Truster's compliance with the terms and conditions of this Deed <br />of Trust. <br />Compliance with Governmental Requirements. Truster shall promptly comply with all laws, ordinances, and regulations, now or hereafter <br />in effect, of all governmental authorities applicable M the use or occupancy of the Property, including without limitation, the Americans With <br />Disabilities Act. Tmstor may contest in good faith any such law, ordnance, or regulation and withhold compliance during any proceeding, <br />including appropriate appeals, so long as Truster 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 Truster to post adequate security or a surety bond, reasonably <br />satisfactory to Lender, to protect Lender's interest. <br />Duty to Protect. Truster agrees neither to abandon or leave unattended the Property. Truster 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 Me <br />Property. <br />DUE ON SALE - CONSENT BY LENDER. Lender may, at Lenders option, declare Immediately tlue and payable all sums secured by this Dead <br />of Trust upon Me sale or transfer, without Lenders 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 Me 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 tens 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 W the Real PropeM, or by any other method of conveyance of an interest in the Rawl Property. If any Truster is a corporation, <br />partnership or limited liability company, transfer also Includes any change in ownership of more than twenty-five percent (25 %) of the voting <br />stock, partnership interests or limited liability company interests, as Me case may be, of such Truster. However, this option shall not be exercised <br />by Lender if such exercise is prohibited by federal law or by Nebraska law. <br />TAXES AND LIENS. The following provisions relating to Me taxes and liens on Me Property are part of this Deed of Trust: <br />Payment. Truster 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 Mr work done on or for <br />services rendered or material furnished to Me Property. Truster shall maintain the Property free of all liens having priority over or equal to Me <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 />Dead of Trust. <br />Right to Contest. Truster 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, Truster shall within <br />fifteen (1 5) days attar the lien arises or, if a lien is filed, wmin fifteen If 5) days attar Truster has notice of Me 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 M Lentler 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 Mreclocure or <br />sale under the lien. In any contest, Truster shall defend itself and Lender and shall satisfy any adverse judgment before enforcement against <br />the Property. Truster shall name Lender as an additional obligee under any surety bond furnished in the contest proomelings. <br />Evidence of Payment. Truster shall upon demand furnish to Lender satisfactory evidence of paymem M Me taxes_ or assessments, and sha l <br />authorize Me appropriate governmental official to deliver to Lender at any time a writen statement of the taxes and assessments against Me <br />Property. <br />Notice of Construction. Truster shall notify Lender at least fifteen (15) days before any work is commenced, any services are furnished, or <br />any materials are supplied to Me Property, if any mechanic's lien, materialmen's lien, or other lien could be asserted on account of the wore, <br />services, or materials. Truster will upon request of Lander furnish to Lender advance assurances satisfactory to Lender that Truster can and <br />will pay the cost of such improvements. <br />PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a pan of this Dead of Trust. <br />Maintenance of Insurance. Truster 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 Me Real Property In an amount sufficient to avokf application of <br />any coinsurance clause, and with a standard mortgagee clause in favor of Lender. Truster shall also procure and maintain comprehensive <br />general liability insurance in such coverage amounts as Lander may request with Trustee and Lender being named as additional insureds in <br />such liability insurance policies. Additionally, Truster shall maintain such other Insurance, iincluding but not limited to hazard, business <br />interruption, and boiler insurance, as Lender may reasonably require. Policies shall be written in torn, amounts, coverages and basis <br />reasonably acceptable to Lender and issued by a company or companies reasonably acceptable to LaMar. Truster, 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 If 0) days prior written notice M Lander. 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 />Truster or any other person. Should the Real Property be located in an area designated by the Director of the Federal Emergency <br />Management Agency as a special flood hazard area, Truster agrees to obtain and maintain Federal Flood Insurance, if available, within 45 <br />days after notice is given by Lender that the Property is located in a special flood hazard area, for the full unpaid principal balance of the loan <br />and any prior liens on Me property securing the loan, up to Me maximum policy limits set under the National Flood Insurance Program, or as <br />otherwise required by Lender, and to maintain such insurance for Me term of the loan. <br />Application of Proceeds. Truster shall promptly notify Lender of any loss or damage to Me Properly. Lander may make proof of loss if <br />Truster fails to do so within fifteen (1 5) days of the casualty. Whether or not Lender's security is impaired, Lender may, at Lenders election, <br />receive and retain Me proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness, payment of any lien affecting <br />the Property, or Me restoration and repair of the Property. If Lander elects to apply Me proceeds to restoration and repair, Truster shall <br />repair or replace the damaged or destroyed Improvements in a manner satisfactory to Lander. Lander shall, upon satisfactory proof of such <br />expenditure, pay or reimburse Truster from the proceeds for the reasonable cost of repair or restoration if Truster 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 Me Property shall be used first to pay any amount owing to Lender under this Deed of Trust, than to pay accrued <br />interest, and the remainder, if any, shall be applied to the principal balance of Me Indebtedness, If LaMar holds any proceeds attar payment <br />In full of the Indebtedness, such proceeds shall be paid to Truster as Truster's interests may appear. <br />Trusters Report on Insurance. Upon request of Lander, however not more than once a year, Truster shall furnish to Lander a report on <br />each existing policy of insurance shot (1) Me name of Me Insurer; (2) the risks insured, (3) the amount of the policy; (4) Me <br />property insured, the Men current replacement value of such property, and the manner of determining that value; and (5) the expiration <br />data of the policy. Truster shall, upon request of Lender, have an independent appraiser satisfactory to Lender determine the cash value <br />replacement cost of Me Property. <br />LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lender's interest in Me Property or if Truster <br />fails M comply with any provision of this Dead of Trust or any Related Documents, including but not limited to Truster's failure to discharge or pay <br />when due any amounts Truster is required to discharge or pay under Mis Dead of Trust or any Related Documents, Lender on Truster's behalf <br />may (but shall not W obligated te) 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 Men bear interest at the rate charged under <br />the Note from Me date incurred or paid by Lender to the date of repayment by Truster. All such expenses will become a part of Me Indebtedness <br />