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<br />200804906 <br /> <br />DEED OF TRUST <br />(Continued) <br /> <br />Page 2 <br /> <br />this Deed of Trust. <br />ComplilInee wIIh BOV8I'IllNIlbII RequHments. Trustor shllll promptly comply with 11I1 _s, ordinances, snd ragulations, now or <br />hllrestter in effect, of all governmental authorltlB8 "ppIloeb/e to the U8B or occupancy of the Proparty, Including withollt J~n, 11M <br />Amerlcans With Disabilities Act. Trustor may COnlllSt In good faith any such law. ordInsnce. or regulation and withhold compliance <br />during any proCBBdlng. including spproprlate appa""', eo long .. Trustor has notified Lender In wrlllng prior to doing so snd eo long a, <br />In Lender's eola opinion, Lenclar's Int8r_ In the Property era not jeopsrdlzed. LencIar msy require Trustor to post ~uate security <br />or s surety bond, reasonably satlsfsctory to Lender, to protect Lender's intel'Bllt. <br />Duly to Protect. Trustor agrMS neither to ebandan or ""'va unattanded the Property. Trustor shall do ell other 8OtS, in eddition to <br />1hoea sets eat forth above In thls 8lICtion, which from the cMrllCt&r end USe of the Property are ressonably necessary to protect and <br />preaarve the Property. <br />DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare Immediately due and payabla all sums lIBCured by this <br />Deed of Trust upon the sIII8 or trellSfer, without Lendar's prier written consent, of all or sny pan of the Real Proparty, or any Interaat In the <br />Real Property. A "sals Dr transfer" ......na the conveysncs of Rsel Property or any right. titia or interaat In tha Real Property; whelhar legal, <br />banaflclsl Dr equltebla; whether IIOIunt8ry or involuntary; whether by outright sale, deed, InetBllment sale contract, land oontract, contrsct <br />for deed, la88Bhold lmereal with . 1Bnn greater thlln three 131 yee... laasa-option contract, or by sals, aaignmant, or transfer of any <br />beneflclallmereal In or to any land trust holding title to the Real Property, or by any other method of conveyanca of an Intereal In the Real <br />PrOperty. If any Trustor Is a corporation, partnBr8hlp or Hmited Hebility company, trsnsw also Inoludes any chenga In ownership of more <br />than twenty-five peroent (25'16) of the voting stock, pannershlp Interests or limited liability company interests, a tha caaa may ba, of such <br />Trustor. However, this option shall not be sxerclsed by Lender If such exercise i. prohibited by 1edarellaw or by Nebraka law. <br />TAXES AND UENS. The foHowing provisions relating to tha _ and Henson the Proparty are pan of this Deed of Trust: <br />Payment. Trustor ahell pay when due (and In ell events prior to delinquency) all taxes. special taxes, _ments, charges (Including <br />water and ..wer), fines and impositions Isvl<id against or on account of the Property. and ahllll pay when due all clalma for work done <br />on Dr for sarvlcea rendered Or material furnished to the Property. Trustor shall maintain the Propeny free of all liens having priority <br />over Dr equal to the imerest of Ler1der under this Dead of Trust. except for the lien of taxes and ..S888mema nct due and excapt as <br />otherwlaa provided In this Deed of Trust. <br />RIght to ConWR. Trustor may withhold payment of any tex, aaaaaamant, or clelm in connection ,with a good faith disPute over the <br />obligation to pay, $C long aa Lender's Interest In the Propeny Is not jeopardized. If a Ilen arises or is filed as a raeult of nonpeyrnent, <br />Trustor shall within fifteen (15) days efier the lien arises or, If a lien Is filed, within fifteen (15) days after Trustor has notice of tha <br />filing, a&cure the dlacharga of the lien, or Wrequested by Lendar. deposit with Lender cash or a aufflcient corporatll surety bond or <br />other aecurity satisfactory to Lender In an amount sufficient to discharge the lien plus any costs and attorneys' feee, or other charges <br />that could accrue as a raauIt of 8 foracloeure or eale under the lien. In any contest. Trustor 8hal1 defend itself and Lender and shall <br />-fy any advarea judgment before anforcement against the ProPerty. Trustor shan name Lender, aa an eddltional obHgae under any <br />surety bond fumlshed In the contest proceedinga. <br />EvIdence of Paymant. Trustor shall Upon demand fumlah to Lender eatistaCtDry evidence of payment of the texes or 88888l1ments and <br />shall authorize the appropriate governmental official to dellvar to Lender at any time a wrlttsn atatemant of tha texes and _mllntll <br />against the Propeny. <br />No1Ice of COII8trIICIIon. Trustor shall notify Lender at least fifteen (15) deya before any work Is commenced. any 8111'Yicea are <br />furnished. or any matllrl"'" are supplied to the Property. If any mechanic's lien, material""",'a lien. or other lien could be a88BnecI on <br />account of tha work. servlcea, or materlala. Trustor will upon requast of Lendedumlah to Lender advance assurences satlafactory to <br />Lender that Trustor can and will pay the coat: of auch Improvemantl. <br />PROPERTY DAMAGE INSURANCE. The following, provisions reletlng to Insuring the Propany are a pan of this Deed of Trust. <br />Mamtenanca of............... Trustor ahall" procure and melntaln policies of fire insurance with atendard IlXtended coverage <br />anderamama on a fair value' beals for the full inaurebla value covering all Improvements on the Reel Property In an emount sufficient <br />to avoid application of any colnaurance clause. end with a standard mongagaa clause In favor of Lender. Trustor shall also procure <br />and maintain comprehensive ganeralllabllity Insurance In such coverage amounts as lander may request with T_ and Lender <br />belng named as additional lnaurada in such liability ill8utance pOllclae. 'AddIIlonslly. Trustor shall melntain such other Insurance, <br />Including but not limited to hazard, busine.. Interruption. and boiler InsUrance. as Lender may reasonably require. Policies shall be <br />written In form, amounta, CDYIlI'lI9lI8 and beala reasonably acceplBble to Lender and l8aued by a company or companies reeBDnably <br />accaptable to Lendar. Trustor. Upon request of Lender. will dallvar to Lender from time to time the policies or canfflc8te8 of Insurance <br />in form satisfectory to \.ender, Including atIpl.ilatlona that DDvsragee will not be cancelled Dr diminished without at laast tIIn 11 0) days <br />prior written notice to Lenclar. Eaoh Insurance policy also ehllll Include an endorsement provldlng that coverage In favor of Lender will <br />not be Impaired In any way by any set, omlaelon or default of Trustor Dr any other peraon. Should the Real Proparty be located In an <br />area designated by the Director of the Faderal Emergancy Management Agency as a SpaOial flood hazard area, Trustor agre. to <br />obtain and maintain Faderlll Rood 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 unclar tha NatIonsl Rood Insurance Program. or as otherwise required <br />by Lender. and to maintain such Insurance for the term of the loan. <br />AppIicatlon of' Proceeds. TruatDr shall promptly notify Lender of eny loss or damege to the Propany. Lendar may make proof of loss <br />If Trustor fails to do eo wilhln fifteen (16) days of the casuaity. Whether or not Lander's aecurity Is impaired, Lender may. at Lender's <br />alaction, receive end rataln the proCBBda of any Insurance and apply tha proCBBds to tha reduction of the Indebtedness, payment of <br />any lien affecting the Property, or the restoration and repair of the Property. If Lender aIecu to apply the proceeds to restoration and <br />repair. Trustor shall repair or replace the damaged or deatroyad Improvemente In a manner satlafactory to Lender. Lender ehall, upon <br />lIlItlsfactory proOf of such lIlC/lllndltuIe. pay or ralmburaa Trustor from the proceeds for the Ill880nabla coet of repair or restoraIlon If <br />TN$tDr Is not In default under thla Peed of Trust. Any procaada which hava not been disbursed within 180 days after their receipt <br />and whiCh Lendar has not committed to the repair or r_atlon of the Property ahall be uaad first to pay any amoum owing to Lender <br />under this Deed of Truat, then to paV accrued Int8reet. and the remainder, If any, dlhIIII be "PIl1Ied to the principal ~ of the <br />Indebt8dMaB. If LencIar holda any ~ 8fter payment In full of the I~, such proceeds shall be paid to Trustor .. <br />Truster's Interests may appear. . <br />Trustor's Report on __. Upon request of LencIar, howevar not more than once 1I year. Trustor shall furniah to Lender e repon <br />on each axistlng pollcV of Insurance Showing, (11 the name of the Insurer; (2) the risks insured; (3) the amount of the polley; (4) <br />the property Inaurad, the than currant replaoernent value of such propeny. and the manner of daterminlng that value; and (6) the <br />expiration data of the pOlley. Trustor shall, upon request of Lender, have an Independent appralaar aatisfactory to Lander determlns <br />the cash value replacement cost of the Propsit'(. <br />LENOBt.S EXPENDITURES. If any action Or proceedlng Is commenced that would materlelly affect Lender's Intarest In the Property or if <br />Trustor falls to comply with any provision of thle Dead of Trust Dr any Related Documente, Including but not limited to Trustor's failure to <br />discharge or pay when due any amounts Trustor is required to dlaoharga or pey under this Deed of Trust or any Related Documents. Lender <br />on Trustor's behalf may (but shall not be obligated to) teke any action that Lender deem. appropriate, Including but not limited to <br />discharging or paying all taxes. Hens, security IntlIrests, encumbrences and other claims. at any time lavied Or placed on the Property and <br />paylng all coste for insuring, maintaining and preserving the Property. All such expandltur811 inourred Or peld by Lender for such purpOeas <br />wiD than bear Interast at the rlltll charged under the Note from the data Incurred or paid by Lender to the datil of repaymant by Trustor. Ail <br />such """"""'" wHi become a part of the Inda~.... end. at Lender'a optIcn, wiD (AI be payable on damend; IB) be add8d to the <br />balance of the Nota and be 8IllIOftIoned among and be pavable with llny lnataIIment payments to become due during aIther (1) the term of <br />any applicable Insurance polley: or (21 the remaining term of the Note; or (C) be treated aa a belloon payment which will be due and <br />payable at tha Note'a maturflV. 1l1lI Deed of Trust also will aecure payment of these amounts. Such right shall be In addition to all other <br />rights and remedlae to which lender may be entitiiKl upon Default. <br />WARRANTY; 0EFEN8li OF 1J1'Le.. The following provlslona rel8ling to ownership of the Property ere a pen of thIa Deed of Trust: <br />TItle. Trustor warrants that: (a) TN$tDr holda good and marklltllble title of record to the Property In fee almpla, free and clear of ail <br />Hens and encumbrances other than thoee set forth in the Real Property description or In any title IfI8urance policy. title report. or final <br />