Laserfiche WebLink
DEED OF TRUST <br />Loan No: 19659 200209653 (Continued) Page 2 <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 />the Property or any pointed of the Property. Without limiting the generality of the foregoing, Truster will not remove, or grant to any other <br />party the right to remove, any timber, minerals (including oil and gas), coal, clay, words, 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 Lender's poor written <br />consent. As a condition to the removal of any Improvements, Lender may require Truster to make arrangements satisfactory to Lander 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 Rest Property for purposes of Trusters 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 to the use or occupancy of the Property. Trustar 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 long as, in Lender's sole opinion, Lenders interests in the Property are not jeopardized. Lender <br />may require Truster to post adequate security or a surety bond, reasonably 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 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 sale 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 %ale or transfer" means the conveyance of Real Property or any right, title or interest in the Real Property; whether legal, beneficial or equitable; <br />whether voluntary or involuntary; whether by outright sale, tleetl, installment sale contract, land contract, contract for deed, 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 title 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 lazes and (lens on the Property are pad of this Dead 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 for work done on or for <br />services rendered or material furnished to the Property. Truster shall maintain the Property has of all liens having priority over or equal to the <br />interest of Lender under this Deed of Trust, except for the lien of taxes and assessments net due and except as otherwise provided In this <br />Deed 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, Trustor shall within <br />fifteen (15) days after the lien arises or, if 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 Lander 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 as a result of a foreclosure 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. 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 assessments and shall <br />authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the <br />Property. <br />Notice of Conslfur0on. Trustor shell 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 lien, materlalmen's lien, or other lien could be asserted on account of the wodr, <br />services, or materials. Trustor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Trustor can and <br />will pay the cost of such improvements. <br />PROPERTY DAMAGE INSURANCE. The following provisions relating to Insuring the Property are a part 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 replacement basis for the full insurable value covering all Improvements on the Real Property in an amount sufficient to avoidapplication of <br />any coinsurance clause, and with a standard mortgagee clause In favor of Lender, together with such other hazard and liability insurance es <br />Lander 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 Lender from time to time the <br />policies or cedificates of insurance In form satisfactory to Lender, including stipulations that coverages will not be cancelled or diminished <br />without at least ten (10) days prior written 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 is given by Lender that the Property is <br />located in a spacial food hazard area, for the full unpaid principal balance of the loan and any prior liens on the property securing the loan, <br />up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such <br />insurance for the term of the loan. <br />Application of Proceeds. Trustor shall promptly notify Lender of any loss or damage to the Property. Lender may make proof W loss If <br />Trustor falls to do so within fifeen (15) days of the casualty. Whether or not Lender's security is impaired, Lender may, at Lender's 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. Lender shall, upon satisfactory proof of such <br />expenditure, pay or reimburse Trustor 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 receipt and which Lander 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 remainder, 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 Truster as Trustor's interests may appear. <br />LENDER'S EXPENDITURES. It Trustor fails (A) to keep the Property free of all those, liens, security Interests, encumbrances, antl other claims, <br />(B) to provide any required insurance on the Property, or (C) to make repairs to the Property then Lender may do so. If any action or <br />proceeding is commenced that would materially affect Lender's interests in the Property, than 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 Lander for such <br />purposes will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Trustor. <br />All such expenses will become a pad of the Indebtedness and, at Lender's option, will (A) be 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 Note; 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 Lander may be entitled on amount of any default. Any such action by Lender shall not be construed 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 relafing to ownership of the Property are a pad of this Deed 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, the report, or final title opinion <br />issued in favor of, and accepted by, Lender in connection with this Dead of Trust, and (b) Trustor has the full right, power, and authority to <br />execute and deliver this Dead of Trust to Lander. <br />Defense of Title. Subject to the exception in the paragraph above, Trustor warrants and will forever defend the title to the Property against <br />