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<br />'. <br /> <br />e <br /> <br />Loan No: 8'7694 <br /> <br />DEED OF TRUST <br />(Continued) <br /> <br />e <br />200708452 <br /> <br />Page 3 <br /> <br />'I , <br /> <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 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 />Complhmce with Governmental Requiroments. 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 Contost, 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 interest 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 ail 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. All policies shall provide that the policies shall not be invalidated by any waiver of the right of subrogation by <br />any insured and shall provide that the carrier shall have no right to be subrogated to Lender. Trustor, upon request of Lender, will <br />deliver to Lender from time to time the policies or certificates of insurance in form satisfactory to Lender, including stipulations that <br />coverages will not be cancelled or diminished without at least thirty (30) days prior written notice to Lender. Each insurance policy <br />also shall include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any act, omission or <br />default of Trustor or any other person. Should the Real Property be located in an area designated by the Director of the Federal <br />Emergency Management Agency as a special flood hazard area, Trustor agrees to obtain and maintain Federal Flood Insurance, if <br />available, for the full unpaid principal balance of the loan and any prior liens on the property securing the loan, up to the maximum <br />policy limits set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such insurance for <br />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 />