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2002050&,, DEED OF TRUST <br />Loan No: 19454 (Continued) RE- RECORDED Page 2 <br />the satisfaction and reconveyance of the lien of this Dead of Trust and shall not be affected by Lender's acquisition of any interest In the <br />Property, whether by foreclosure or chervil <br />Nuisance, Waste. Truslor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stopping of or waste on or to <br />the Property or any portion of the Property. Without limiting the generality of the foregoing, Trustor will not remove, or grant to any other <br />party the right to remove, any timber, minerals (Including ail and gas), coal, clay, scoria, soil, gravel or rock products without Lender's prior <br />written consent. <br />Removal of Improvements. Trustor shall not demolish or remove any Improvements from the Real Property without Lenders Once written <br />consent. As a condition to the removal of any Improvements, Lender may require Truster to make arrangements satisfactory to Lender to <br />replace such Improvements with Improvements of at least equal value. <br />Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to <br />attend to Lender's interests and to Inspect the Real Property for purposes of Trustor$ compliance with the terms and conditions of this Dead <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 governmental authorities applicable to the use or occupancy of the Properly. Trustor may contest In good faith any such law, <br />ordinance, or regulation and withhold compliance during any proceeding, Including appropriate appeals, so long as Trustor has notified <br />Lender In writing poor to doing so and so long as, in Lenders sole opinion, Lender's interests In the Property are not jeopardized. Lender <br />may require Trustor to post adequate security or a surety bond, maaonabPr satisfactory to Lender, to protect Lon oar'. Interest. <br />Duty to Protect. Truslor agrees neither to abandon or leave unattended the Property. Trustor shall do all other acts. in addition to those <br />acts set forth shave in this .solion, 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 Dead <br />of Trust upon the one or transfer, without Lender's prior written consent, of all or any pad of the Real Property, or any interest In the Real Property. <br />A'hale or transfer" means the conveyance of Real Properly or any right, title or Interest In the Real Property; whether legal, beneficial or equitable; <br />whether voluntary or involuntary; whether by outright sale, dead, installment sale contract, land contract, contract for dead, 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 has 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 laces and liens on the Property are pad of this Dead of Trust: <br />Payment. Truslor shall pay when due (and In all event prior to delinquency) of 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 Dead 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 Lander's interest In the Property Is not jeopardized. If a lien arises or is filed as a result of nonpayment, Truslor shall within <br />fifteen (15) days after the lien arses or, B 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 es 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 assessment$ and shall <br />authorize the appropriate governmental official to deliver to Lender at any time a written statomont of the faxes 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, if any mechanic's Ilan, materialmorre lien, or other lien rould be asserted on axount of the work, <br />services, or materials. Trustor will upon request of Lender furnish to Under advance assurances satisfactory to Lender that Truslor can and <br />will pay the cost of such Improvement. - <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 an <br />a replacement 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, together with such other hamrd and liability insurance as <br />Lender may reasonably require. Policies shall be written in form, amounts, coverages and basis reasonably acceptable to Lender and issued <br />by a company or companies reasonably acceptable to Lender. Trustor, upon request of Lender, will deliver to Lander from fime to time the <br />policies or certificates of insurance In form satisfactory to Lender, including stipulations that coverages will not be cancelletl or diminished <br />without at least td(10) days prior within notice to Lender. Each insurance policy also shall Include an endorsement providing that <br />coverage in favor of Lender will not be Impaired In any way by any act, omission or default of Trustor or any other person. Should the Real <br />Property be located in an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area, <br />Trustor agrees to obtain and maintain Federal Flood Insurance, if available, within 45 days after notice t given by Lender that the Property is <br />located In a special flood hall area, for the full unpaid pr ncipal balance of the loan and any prior liens on the property securing the loan, <br />up to the maximum policy limits set under the NeHorwi Mood Insurance Program, or as otherwise required by Under, and to maintain such <br />insurance for the term of the loan. <br />Application of Proceeds. Truslor shall promptly notify Lender of any loss or damage to the Property. Lender may make proof of loss it <br />Trustor fails to do so within fifteen (15) days of the casualty. Whether or not Lender's 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. Under shall, upon satisfactory proof of such <br />expenditure, pay or reimburse Truslor 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 ,acaipt 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 remeindeq 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 Trustor's Interests may appear. <br />LENDER'S EXPENDITURES. If Trustor falls (A) to keep the Property free of all taxes, liens, security Interests, encumbrances, and other claims, <br />(B) to provide any required Insurance on the Property, or (C) to make repairs to the Property than Lender may do so. If any action or <br />proceeding Is commenced that would materially affect Lender's interests in the Property, then Lender on Trustor's behalf may, but is not required <br />to, take any action that Lender believes to be appropriate to protect Lender's Interests. All expenses incurred or paid by Lender for such <br />purposes will then bear interval at the rate charged under the Note from the date Incurred cr paid by Lender to the date of repayment by Trustor. <br />All such expenses will become a pad of the Indebtedness and, at Lentlers option, w1II (A) I payable on demand, (B) be added to the balance <br />of the Note and be apportioned among and be payable with any Installment payments to become due during either (1) the term of any <br />applicable Insurance policy; or (2) the remaining term of the Nate; or (C) be treated as a balloon payment which will be due and payable at the <br />Note's maturity. The Dead of Trust also will secure payment of these amounts. The rights provided for in this paragraph shall be In addition to <br />any other rights or any remedies to which Lender may be entitled on account of any default, Any such action by Lender shall not be continued as <br />curing the default so as to bar Lender from any remedy that It otherwise would have had. - <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, bile MOOd, or final title opinion <br />Issued In favor of, and accepted by, Lender in connection with this Deed of Trust, and (b) Trustor has the full right, power, and authority to <br />