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200201021 DEED OF TRUST <br />Loan No: 34185 (Continued) Page 2 <br />claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach <br />cf mis section of the Deed of Trust or as a consequence of any gas, generation, manufacture, storage, disposal, release or Mrsetened <br />release occurring prior to Trustor's ownership or Interest In Me Property, whether or not Me same was or should have been known to Truster. <br />The provisions of this section of Me Dead of Trust, Including Me obligation to indemnify, shall survive the payment of the Indebtedness and <br />the satisfaction and reconveyance of the lien of Mis Dead of Trust and shall not be Smarted by Lander's acquisition of any interest in Me <br />Property, whether by foreclosure or otherwise. <br />Nuisance, Waste. Tmstor shall not cause, conduct or permit any asance nor commit, permit, or suffer any stripping of or waste on or to the <br />Property or any portion of the Property. Without limiting the generality of the foregoing, Truster will not remove, or grant to any other party <br />the right to remove, any Umber, minerals (including ell act gas), coal, clay, scoria, soil, gravel or rock products without Lender's prior written <br />consent. <br />Removal of Improvements. Truster shall not demolish or remove any Improvements from Me Real Property without Lenders prior written <br />consent As a condition a the removal of any Improvements, Lender may require Truster M make arrangements satisfactory to LaMar to <br />replace such Improvements with Improvements of at least equal value. <br />Lender's Right to Enter. Lander and Lender's agents and representatives may enter upon the Real Property at all reasonable times le <br />attend to Lendal's interests and a inspect Me Feat Property for purposes of Tmstor's compliance wit the terms and conditions of Mis Dead <br />of Trust. <br />Compliance with Governmental Requirements. Tnator she proolpdy comply with all laws, ordinances, and regulations, row or hereafter <br />in effect, of all governmental authorilles applicable be the use or occup icy of Me Properly. Treater 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 prior to doing so and so Zang as, in Lenders sole opinion, Lenders interests in the Property are not jeopardized. Lander <br />may require Truster to post adequate security or a surety bond, reasonably satisfactory M Lander, to protect Landers interest. <br />Duty to Protect Trustor agrees neither to abandon or leave unattended Me Property. Truster shall do all other acts, in motion to Mass <br />acts set forth above in this section, which from Me 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 Dee] <br />of Trust upon the sale Or transfer, without Lender's prior written consent, of all or any part of Me Real Property, or tiny Interest In Me Real Property. <br />A 'sale or transfer- means the conveyance of Real Property or any right, WIe or interest in the Real Property ; whether legal, beneficial or Notable; <br />whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land contract, contract for dead, leasehold Interest with <br />a term greater Man 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 to the Real 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 exemiss is prohibited by Iederal law or by Nebraska law. <br />TAXES AND LIENS. The following provisions relating to the WAS and liens an the Prop" are pad of this Deed of Trust: <br />Payment. Truster shalt pay when due (and In all events prior to delinquency) all taxes, spacial faxes, assessments, charges (including water <br />and sewer), fines end impositions levied against or on account of the prAi and shall pay when tlua all claims for work one on or for <br />services rendered or material furnished to Me Property. Truster shell maintain Me Property free of all (lens having priority over Or equal to the <br />interest of Lander under this Dead of Trust, except for the Ilen Of Was and assessments not due and except as otherwise provkled 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 Me obligation <br />to pay, so long as Landers Interest in the Property is not jeopardized. If a lien arises or is filed as a result of nonpayment, Trustor shall within <br />fifteen L15) days after the lien arises or, if a lien is filed, within fifteen (15) days after Trustor has notice of the tiling, secure the discharge of Me <br />lien, or I requested by Lender, deposit with Lender cash or a sufficia s corporate surety bond or other security satisfactory to Lender in an <br />amount sufficient a discharge Me lien plus any costs and attorneys' fees, or other charges Mat could accrue as a result of a foreclosure or <br />sale under the lien. In any contest, Trustor shell defend itself and Lender and shall satisty any adverse judgment before enforcement against <br />the Properly. Trustor shall name Lander as an additional obligee under any surety bond furnished in Me contest proceedings. <br />Evidence of Payment. Treater shall upon demand furnish to Lender satisfactory evidence of payment of the WAS or assessments and shell <br />authorize the appropriate governmental official to deliver to Lender at any time a Written Statement of Me axes and assessments against Me <br />Property. <br />Notice of Construction. Trustor shag nobly Lender at least fifteen (15) days before any work is commenced, any servkes are furnished, or <br />any materials are supplied to to Property, if any mechanic's Iles, materialnren's lien, or other lien could be asserted on account of the work, <br />services, or materials. Trustor will upon request of Lender furnish M Lander advance assurances satisfactory to Lander Mat Truster can and <br />will pay the best of such improvements. <br />PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring Me Properly are a part of this Deed of Trust. <br />Maintenance of Insurance. Trustor shall procure and maintain poitcies of fire insurance with standard extended coverage endoreements on <br />a replacement basis for Me full insurable value covering of Improvements on the Past Property in an amount sufficient to avoid application of <br />any coinsurance clause, and with a standard mortgagee clause in favor of Lander, MgaMer with such other hazard and liability insurance as <br />Lender may reasonably require. Pol ck s shall be written in form, amounts, coverages and basis reasonably accepabie to Lander and issued <br />by a company or companies reasonably acceptable to Lender. Truster, upon request of Lander, will deliver a Lander from time to time Me <br />policies or certificates of insurance in form satisfactory to Lender, Including stipulations Mat coverages will rot be cancelled or diminished <br />without at least tan (10) days prior written notice to Lender. Each insurance policy also shall include an endorsement providing Met <br />coverage in favor of Lander 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 to Federal Emergency Management Agency as a spactal flood hazard area, <br />Truster agrees to obtain and maintain Federal Flood Insurance, if available, within 45 days after holds is given by Lander that the Property 3 <br />located In a special flood hazard area, for the full unpaid principal balance of the loan and any prior liens on the property securing Me loan, <br />up to Me maximum policy limits set under no National Flood Insurance Program, or as otherwise required by Lender, and in maintain such <br />insurance for the term of Me loan. <br />Application of Proceeds. Trustor shall promptly notify Lander of any lass or damage to the Property. Lender nay make proof of loss ff <br />Trustor ails to do so within fifteen (15) days of Me 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 the restoration and repair of the Property. If Lander elects M apply the proceeds a restoration and repair, Truster shall <br />repair or replace Me damaged or destroyed Improvements in a manner satisfactory to Lender. Lander shell, upon satisfactory proof of such <br />expenditure, pay or reimburse Truster from the proceeds for the reasonable cast of repair or restoration if Trustor is not In default under this <br />Deed of Trost Any proceeds which have not been disbursed within 180 days after their receipt and which Lander has not committed to Me <br />mpas or restoration of the Property shall be used first M pay any amount owing a Lender under this Dead of Trust, then a pay accrued <br />interest, and the remainder, if any, shall be applied to the principal balance of Me Indebtedness. If Lender holds any proceeds after payment <br />in full of Me Indebtedness, such proceeds shall ud paid to Trustor as Trustor's interests may appear. <br />Unexpired Insurance at Sala. Any unexpired insurance shall inure to Me benefit of, and pass to, the purchaser of Me Property covered by <br />this Used of Trust at any trustee's sale or other sale held under the provisions of this Dead of Trust, or at any foreclosure sale of such <br />Property. <br />LENDER'S EXPENDITURES. If Truster mile (A) to keep the Property free of all raves, liens, security Interests, encumbrances, and other claims, <br />(R) to provide any required insurance on the Property, or (C) to make repairs k Me Property Men Lander may do so. If any action or <br />proceeding is commenced Mat would materially affect Lender's interests In Me Property, then Lander on Trustors behalf may, but is not required <br />to, take any action Mat Lander believes to tea appropriate to protect Lander's interests. All expanses incurred or paid by Lander for such <br />purposes will then bear interest at the rate charged under Me Note from Me data incurred or paid by Lander to the dale of repayment by Trustor. <br />All such expenses will become a pan of the Indebtedness and, at Lender's option, will (A) be payable on demand; LB) be added m the balance <br />of the Note and be apportioned among and be payable with any Installment payments to become due during enter (1) Me Cann of any <br />applicable Insurance policy; or (2) Me remaining term of Me Note; or (C) nd treated as a balloon payment which will he due and payable at the <br />Note's maturity. The Deed of Trust also will secure payment of Move amounts. The rights provided for In this paragraph shall be in addition to <br />