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<br />Loan No: 809407 <br /> <br />DEED OF TRUST <br />( Continued) <br /> <br />200702197 <br /> <br />Page 2 <br /> <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's compliance with the terms and conditions of <br />this Deed of Trust. <br /> <br />Compliance with Governmental Requirements. Trustor shall promptly comply with all laws, ordinances, and regulations, now or <br />hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property, including without limitation, the <br />Americans With Disabilities Act. Trustor may contest in good faith any such law, ordinance, or regulation and withhold compliance <br />during any proceeding, including appropriate appeals, so long as Trustor has notified lender in writing prior to doing so and so long as, <br />in lender's sole opinion, lender's interests in the Property are not jeopardized. lender may require Trustor to post adequate security <br />or a surety bond, reasonably satisfactory to lender, to protect lender's interest. <br /> <br />Duty to Protect. Trustor agrees 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 the character and use of 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 Property or any right. title or interest in the Real Property; whether legal, <br />beneficial or equitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land contract, contract <br />for deed, 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 liens on the Property are part of this Deed of Trust: <br /> <br />Payment. Trustor shall pay when due (and in all events prior to delinquency) all taxes, special taxes, assessments, charges (including <br />water and sewer), fines and impositions levied against or on account of the 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 equal to the interest of lender under this Deed of Trust, except for the lien of 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 of any tax, assessment, or claim in connection with a good faith dispute over the <br />obligation to pay, so long as lender's inte~est in the Property is not jeopardized. If a lien arises 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 discharge 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 payment of the taxes or assessments and <br />shall authorize the appropriate governmental official to deliver to lender at any time a written 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 commenced, any services are <br />furnished, or any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or other lien could be asserted on <br />account of the work, services, or materials. Trustor will upon request of lender furnish to lender advance assurances satisfactory to <br />lender that Trustor can and will pay the cost of such improvements. <br /> <br />PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Deed of Trust. <br /> <br />Maintenance of Insurance. Trustor shall procure and maintain policies of fire insurance with standard extended coverage <br />endorsements on a fair value basis for the full insurable value covering all Improvements on the Real Property in an amount sufficient <br />to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of lender. Trustor shall also procure <br />and maintain comprehensive general liability insurance in such coverage amounts as lender may request with Trustee and lender <br />being named as additional insureds in such liability insurance policies. Additionally, Trustor shall maintain such other insurance, <br />including but not limited to hazard, business interruption, and boiler insurance, as lender may reasonably require. Policies shall be <br />written in form, amounts, coverages and basis reasonably acceptable to lender and issued by a company or companies reasonably <br />acceptable to lender. Trustor, upon request of lender, will deliver to lender from time to time the policies or certificates of insurance <br />in form satisfactory to lender, including stipulations that coverages will not be cancelled or diminished without at least ten (10) days <br />prior written notice to lender. Each insurance policy also shall include an endorsement providing that coverage in favor of lender will <br />not be impaired in any way by any act. omission or default of Trustor or any other person. Should the Real Property be located in an <br />area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area, Trustor agrees to <br />obtain and maintain Federal Flood Insurance, if available, for the full unpaid principal balance of the loan and any prior liens on the <br />property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required <br />by lender, and to maintain such 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 proof of loss <br />if Trustor fails to do so within fifteen (15) days of the casualty. Whether or not lender's security is impaired, lender may, at lender's <br />election, receive and retain the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness, payment of <br />any lien affecting the Property, or the restoration and repair of the Property. If lender elects to apply the proceeds to restoration and <br />repair, Trustor shall repair or replace the damaged or destroyed Improvements in a manner satisfactory to lender. lender shall, upon <br />satisfactory proof of such expenditure, payor reimburse Trustor from the proceeds for the reasonable cost of repair or restoration if <br />Trustor is not in default under this Deed of Trust. Any proceeds 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 interest, and the remainder, if any, shall be applied to the principal balance of the <br />Indebtedness. 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 />Trustor's Report on Insurance. Upon request of lender, however not more than once a year, Trustor shall furnish to lender a report <br />on each existing policy of insurance showing: (1) the name of the insurer; (2) the risks insured; (3) the amount of the policy; (4) <br />the property insured, the then current replacement value of such property, and the manner of determining that value; and (5) the <br />expiration date of the policy. Trustor shall, upon request of lender, have an independent appraiser satisfactory to lender determine <br />the cash value replacement cost of the Property. <br /> <br />lENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect lender's interest in the Property or if <br />Trustor fails to comply with any provision of this Deed of Trust or any Related Documents, including but not limited to Trustor's failure to <br />discharge or pay when due any amounts Trustor is required to discharge or pay under this Deed of Trust or any Related Documents, lender <br />on Trustor's behalf may (but shall not be obligated to) take any action that lender deems appropriate, including but not limited to <br />discharging or paying all taxes, liens, security interests, encumbrances and other claims, at any time levied or placed on the Property and <br />paying all costs for insuring, maintaining and preserving the Property. All such expenditures incurred or paid by lender for such purposes <br />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. All <br />such expenses will become a part of the Indebtedness and, at lender's option, will (A) be payable on demand; (B) be added to the <br />balance of the Note and be apportioned among and be payable with any installment payments to become due during either (1) the term of <br />any applicable insurance policy; or (2) the remaining term of the Note; or (e) be treated as a balloon payment which will be due and <br />payable at the Note's maturity. The Deed of Trust also will secure payment of these amounts. Such right shall be in addition to all other <br />rights and remedies to which lender may be entitled upon Default. <br /> <br />WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Deed of Trust: <br /> <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 <br />liens and encumbrances other than those set forth in the Real Property description or in any title insurance policy, title report, or final <br />