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<br />loan No: 807172 <br /> <br />DEED OF TRUST <br />(Continued) <br /> <br />200700561 <br /> <br />Page 2 <br /> <br />affected by Lender's acquisition of any interest in the Property, whether by foreclosure or otherwise. <br /> <br />Nuisance, Waste. Trustor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on <br />or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Trustor will not remove, or grant to <br />any other party the right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock products <br />without Lender's prior written consent. <br /> <br />Removal of Improvements. Trustor shall not demolish or remove any Improvements from the Real Property without Lender's prior <br />written consent. As a condition to the removal of any Improvements, Lender may require Trustor to make arrangements satisfactory <br />to Lender to replace such Improvements with Improvements of at least equal value. <br /> <br />Lender's Right to Enter. Lender and Lender's agents and represp.ntatives 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's compliance with the terms and conditions or <br />this Deed of Trust. <br /> <br />Compliance with Governmental Requirements. Trustor shall prornptly comply with all laws, ordinances, and regulations, now or <br />hereafter in effect, of all governmental authorities applicahle to thp. use or occupancy of the Property_ Trustor may contest in good <br />faith any such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate flppeals, so long as <br />Trustor has notified Lender in writing prior to doin(J so and so long as, in Lender's sole opinion, Lender's interests in the Property are <br />not jeopardized. .Lender may require Trustor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect <br />Lender's interest. <br /> <br />Duty to Protect. Trustor agmes neither to abandon or leave unattended the Property. Trustor shall do all other acts, in addition to <br />those acts set forth above in this section, which from thn chamcter and use or the Property are reasonably necessary to protect and <br />preserve the Property. <br /> <br />DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums secured by this <br />Deed of Trust upon the sale or transfer, without Lender's prior written consent, of all or any part of the Real Property, or any interest in the <br />Real Property. A" sale or transfer" means the conveyance of Real Propp.fly or any right. titlp. or intp.rest in the Real Property; whether legal, <br />beneficial or equitable; whether voluntary or involuntary; whether hy outright saln, deed, installmnnt sale contract, land contract, contract <br />for dnnd, leasehold interest with a term greater than three (3) years, lease-option contract, or by sale, assignment, or transfer of any <br />beneficial interest in or to any land trust holding title to the Real Property, or by any other method of conveyance of an interest in the Real <br />Property. However, this option shall not be exercised by Lender if such exercise is prohibited by federal law or by Nebraska law. <br /> <br />TAXES AND LIENS. The following provisions relating to the taxes and linns on thn Property are part of this Deed of Trust: <br /> <br />Payment. Trustor shall pay when due (and in all evnnts prior to delinquency) all taxns, spncial taxes, assessments, charges (including <br />water and sewer), fines and impositions levied against or on account of thn Property, and shall pay when due all claims for work done <br />on or for services rendered or material furnished to the Property. Trustor shall maintain the Property free of all liens having priority <br />over or nqual to the interest of Lender under this Deed of Trust, eXGept for the lien or taxes and assessments not due and except as <br />otherwise provided in this Deed of Trust. <br /> <br />Right to Contest. Trustor may withhold payment or any tax, assessment, or claim in connnction with a good faith dispute over the <br />obligation to pay, so long as L.ender's interest in the Property is not jeopardi;:ed. If a lien arisns or is filed as a result of nonpayment, <br />Trustor shall within fifteen (15) days after the lien arises or, if a lien is filed, within fifteen (15) days after Trustor has notice of the <br />filing, secure the discharge of the lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or <br />other security satisfactory to Lender in an amount sufficient to dischflrge the lien plus any costs and attorneys' fees, or other charges <br />that could accrue as a result of a foreclosure or sale under the lien. In any contest, Trustor shall defend itself and Lender and shall <br />satisfy any adverse judgment before enforcement against the Property. Trustor shall name Lender as an additional obligee under any <br />surety bond furnished in the contest proceedings. <br /> <br />Evidence of Payment. Trustor shall upon demand furnish to Lender satisfactory evidence of payrnnnt of the taxns or assessmonts and <br />shall authorize the appropriate governmental official to deliver to Lender at any time a writtnn statement of the taxes and assessments <br />against the Property. <br /> <br />Notice of Construction. Trustor shall notify Lender at least fifteen (15) days before any work is cormnenced, any services are <br />furnished, or any materials are supplied to the Properly, if any mechanie's lien, materialmen's lien, or other lien could bn assnrtnd on <br />account of the work, servicns, or materials. Trustor will upon request of Lender furnish to Lender advance assurances satisfactory to <br />Lender that Trustor can and will pay ttw cost of such improvements. <br /> <br />PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property arn a part of this Deed of Trust. <br /> <br />Maintenance of Insurance. Trustor shall procure and maintain policies of fire insurancn with standard extended coverage <br />endorsements on a replacement basis for the full insurable value covering all Improvements on the Real Property in an amount <br />sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender, together with such <br />other hazard and liability insurance as Lnnder may reasonably require. Policies shall be written in form, amounts, coverages and basis <br />reasonably acceptable to Lender and issued by a company or companies reasonably acceptable to Lender. Trustor, upon request of <br />Lender, will deliver to Lender from timn to time the policies or certificates of insurancn in form satisfactory to Lender, including <br />stipulations that coverages will not hn cancelled or diminished without at least ten (10) days prior written notice to Lender. Each <br />insurance policy also shall include an endorsement providing that coveragp. in favor of Lender will not be impaired in any way by any <br />act. omission or default of Trustor or any other person. Should thn Real Property be located in an arna designated by the Director of <br />the Fndnral Emergency Management Agency as a special flood hazard area, Trustor atJrees to obtain and maintain Federal Flood <br />Insurance, if available, for the full unpaid principal balance of the loan and any prior liens on the property securing the loan, up to the <br />maximum policy limits set undm the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such <br />insurance for the term of the loan. <br /> <br />Application of Proceeds. Trustor shall promptly notify Lender of any loss or damage to the Property. Lender may make proor of loss <br />if Trustor fails to do so within fifteen (15) days of thn casualty. Whether or not Lender's sneurity is impaired, Lender may, at Lender's <br />elnction, receive and retain the proceeds of any insurance and apply the proceeds to thn reduction of the Indebtedness, payment of <br />any lien affecting the Property. or thn restoration and repair of the Properly_ If Lnnder elects to apply thn proceeds to restoration and <br />repair, Trustor shall repair or rnplacn the damaged or destroyed Irnprovemnnts in a manner satisfactory to Lender. Lender shall, upon <br />satisfactory proof of such nxpnnditure, payor reimburse Trustor rrom tho proceeds for the reasonable cost of repair or restoration if <br />Trustor is not in default under this Deed of Trust. Any procoeds which have not been disbursed within 180 days after their receipt <br />and which Lender has not committed to the repair or restoration of the Property shall be used first to pay any amount owing to Lender <br />under this Deed of Trust, then to pay accrued intmost, and the remainder, if any, shall he applied to Ow principal balance of the <br />Indebtndnnss. If Lender holds any proceeds after payment in full of the Indebtedness, such proceeds shall be paid to Trustor as <br />Trustor's interests may appear. <br /> <br />Compliance with Existing Indebtedness. During the period in which any Existing Indebtedness describod below is in effect, compliance <br />with the insurance provisions containnd in the instrument evidencing sLlch Existing Indebtedness shall constitute compliancn with the <br />insurance provisions under this Deed of Trust, to the extent compliance with the terms of tllis Deed of Trust would constitute a <br />duplication of insurance requirement. If any proceeds, from thn insurance become payable on loss, the provisions in this Deed of Trust <br />for division of proceeds shall apply only to that portion of the proceeds ~ot payable to the holder of the Existing Indebtedness. <br /> <br />LENDER'S EXPENDITURES, If Trustor fails (A) to keep the Property free Of all taxes, liens, security interests, nncumbrances, and other <br />claims, (8) to provide any required insurance on thn Property, (C) to make repairs to the Property or to comply with any obligation to <br />maintain ExlsJing Indebtedness in good standing as required below, then Lender may do so. If any action or proceeding is commenced that <br />would materially affect Lender's interests in thn Property, then Lender on Trtlstor's behalf may, but is not required to, take any action that <br />Lender believes to be appropriate to protect Lender's interests. All expenses incurred or paid by Lender for such purposes will then bear <br />interest at th'n rate charged under thn Note from the date incurrnd or paid by Lender to the date of repayment by Trustor. All such <br />expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; (8) be added to the balance of <br />the Notn and be apportioned among and be payable with any installment payments to become due during either (1) thn term of any <br />applicable insurance policy; or (2) the remaining tmm of the Note; or (C) be treated as a balloon payment which will bn due and payable <br /> <br />,>'f:;i. <br /> <br />'j <br /> <br />J: <br /> <br />.,:, <br />