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200503788 <br />defects of any kind except those approved in writing by Beneficiary (the "Exceptions ") and real estate taxes <br />for the current year, a lien not yet payable. Neither the Exceptions nor the real estate taxes are delinquent or <br />in default. Grantor has the right to convey the Real Property to Trustee for the benefit of Beneficiary, and <br />the right to grant a security interest in the Personal Property. Grantor will warrant and defend title to the <br />Property and will defend the validity and priority of the lien of this Deed of Trust and the security interest <br />granted herein against any claims or demands. <br />5. Prohibited Liens. Grantor shall not permit any governmental or statutory liens (including tax <br />and mechanic's and materialmen's liens) to be filed against the Real Property except for real estate taxes and <br />assessments not yet due and liens permitted by the Loan Documents or approved by Beneficiary in writing. <br />6. Payment of Taxes and Other Liens and Assessments-, Contest. Grantor shall pay the real <br />estate taxes and any assessments at least ten (10) days prior to delinquency unless otherwise agreed to in <br />writing by Beneficiary. All other encumbrances, charges and liens affecting the Real Property, including <br />mortgages and deeds of trust, whether prior to or subordinate to the lien of this Deed of Trust, shall be paid <br />when due and shall not be in default. On request Grantor shall furnish evidence of payment thereof. Grantor <br />shall have the right to contest any real property tax or special assessment on the Real Property by <br />appropriate proceedings so long as (a) no default has occurred and is continuing under the Note, this <br />Mortgage or any of the other Loan Documents; (b) Grantor makes any payment or deposit or posts any <br />bond as and when required as a condition of pursuing such contest; (c) Grantor commences such contest <br />prior to such tax or assessment becoming delinquent, and continuously pursues same in good faith with <br />due diligence; (d) such contest or any bond furnished by Grantor stays the foreclosure and enforcement <br />of any lien securing the payment of any such tax or assessment; and (e) Grantor pays any tax or <br />assessment within ten (10) days following the resolution of such contest. <br />7. Maintenance; No Waste. Grantor shall protect and preserve the Property and maintain it in <br />good condition and repair. Grantor shall do all acts and take all precautions which, from the character and <br />use of the Property, are reasonable, proper or necessary. Grantor shall not commit or permit any waste of <br />the Property. <br />8. Alterations, Removal and Demolition. Grantor shall not structurally alter, remove or demolish <br />any building or improvement on the Real Property without Beneficiary's prior written consent, which <br />consent will not be unreasonably withheld as to any structural alteration which does not have a material <br />adverse effect on the value of the Property. Grantor shall not remove any fixture or other item or property <br />which is part of the Property without Beneficiary's prior written consent unless the fixture or item of <br />property is replaced by an article of equal value and suitability owned by Grantor free and clear of any lien <br />or security interest. <br />9. Completion, Repair and Restoration. Grantor shall promptly complete or repair and restore in <br />good workmanlike manner any building or improvement on the Real Property which may be constructed or <br />damaged or destroyed and shall pay all costs incurred therefor, provided that the proceeds of all insurance <br />carried by Grantor with respect thereto for which loss is payable to Beneficiary under this Deed of Trust is <br />made available for such repair or restoration. No damage to or destruction of the Real Property shall affect <br />the full and prompt performance of Grantor's obligations under the Loan Documents. <br />10. Compliance with Laws. Grantor shall comply with all laws, ordinances, regulations, <br />covenants, conditions, and restrictions affecting the Real Property and shall not commit or permit any act <br />upon or concerning the Real Property in violation of any such laws, ordinances, regulations, covenants, and <br />restrictions. Without limiting the foregoing, Grantor represents and covenants that the Real Property is in <br />present compliance with, and in the future shall fully comply with, as applicable, the Americans With <br />noFF- Nebraska -12/04 NC LGL 3 Symetra Loan No. SBOIJ 508 <br />