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<br />Loan No: 872057367 <br /> <br />DEED OF TRUST <br />(Continued) <br /> <br />200901243 <br /> <br />Page 2 <br /> <br />survive the payment of the Indebtedness and the satisfaction and recanveyance of the lien of this Deed af Trust and shall not be <br />affected by Lender's acquisition of any interest in the Property, whether by fareclosure or otherwise. <br /> <br />Nuisance, Waste. Trustor shall not cause, canduct ar permit any nuisance nar cammit, permit, or suffer any stripping af ar waste an <br />or to. the Praperty ar any partion of the Property. Without limiting the generality of the foregoing, Truster will nat remeve, ar grant to. <br />any ather party the right to remave, any timber, minerals (including ail and gas!. coal, clay, scaria, sail, gravel ar rock products <br />withaut Lender's prior written cansent. <br /> <br />Remaval af Impravements. Trustor shall not demalish ar remove any Improvements fram the Real Property withaut Lender's priar <br />written censent. As a candition to the removal af any Improvements, Lender may require Trustor to make arrangements satisfactory <br />to. Lender to. replace such Impravements with Improvements af at least equal value. <br /> <br />Lender's Right to. Enter. Lender and Lender's agents and representatives may enter upon the Real Praperty at all reasanable times to <br />attend to. Lender's interests and to. inspect the Real Property far purpases af Trustor's compliance with the terms and conditions of <br />this Deed ef Trust. <br /> <br />Campliance with Gavernmental Requirements. Trustor shall premptly comply with all laws, ordinances, and regulations, now or <br />hereafter in effect, of all governmental autharities applicable to the use ar accupancy of the Property. Trustar may contest in good <br />filitnany such law. ordinance, or regulation and withhold compliance during any prOGeeding, inekffiirtg appropriate appettls, so lony ..s <br />Trustor has notified Lender in writing prior to doing sa and sa lang as, in Lender's sale apinian, Lender's interests in the Property are <br />not jeopardized. Lender may require Trustor to past adequate security or a surety band, reasonably satisfactary to. Lender, to. pratect <br />Lender's interest. <br /> <br />Duty to. Pratect. Trustor agrees neither to. abandon or leave unattended the Property. Trustar shall do all other acts, in additian to. <br />those acts set forth abeve in this sectian, which from the character and use of the Property are reasonably necessary to. pratect 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 af Trust upan the sale or transfer, withaut Lender's prior written cansent, of all or any part af the Real Property, or any interest in the <br />Real Property. A "sale or transfer" means the conveyance af Real Praperty or any right, title ar interest in the Real Property; whether legal, <br />beneficial or equitable; whether valuntary or involuntary; whether by autright sale, deed, installment sale contract, land cantract, cantract <br />far deed, leasehold interest with a term greater than three (3) years, lease-optian cantract, ar by sale, assignment, ar transfer af any <br />beneficial interest in or to any land trust halding title to the Real Praperty, or by any ather methad af canveyance of an interest in the Real <br />Praperty. However, this aptian shall nat be exercised by Lender if such exercise is prahibited by federal law er by Nebraska law. <br /> <br />TAXES AND LIENS. The following provisians relating to. the taxes and liens an the Property are part af this Deed of Trust: <br /> <br />Payment. Trustar shall pay when due (and in all events priar to delinquency) all taxes, special taxes, assessments, charges {including <br />water and sewer), fines and impasitians levied against or on accaunt af the Property, and shall pay when due all claims for wark dane <br />an or for services rendered ar material furnished to the Property. Trustor shall maintain the Property free af all liens having priority <br />over or equal to the interest af Lender under this Deed af Trust, except for the lien af taxes and assessments nat due, except for the <br />Existing Indebtedness referred to. belaw, and except as otherwise pravided in this Deed ef Trust. <br /> <br />Right to. Contest. Trustar may withhold payment af any tax, assessment, ar claim in connectien with a goad faith dispute over the <br />abligation to pay, sa lang as Lender's interest in the Property Is nat jeapardized. If a lien arises ar is filed as a result ef nanpayment, <br />Trustor shall within fifteen (15) days after the lien arises or, if a lien is filed, within fifteen (15) days after Trustor has natice af the <br />filing, secure the discharge of the lien, ar if requested by Lender, de pas it with Lender cash ar a sufficient corparate surety bond or <br />other security satisfactary to Lender in an amaunt sufficient to. discharge the lien plus any casts and attorneys' fees, ar ather charges <br />that cauld accrue as a result of a fareclasure ar sale under the lien. In any contest, Trustar shall defend itself and Lender and shall <br />satisfy any adverse judgment befere enfarcement against the Praperty. Trustar shall name Lender as an additianal obligee under any <br />surety band furnished in the contest proceedings. <br /> <br />Evidence af Payment. Trustar shall upon demand furnish to. Lender satisfactary evidence of payment af the taxes or assessments and <br />shall authorize the appropriate gavernmental official to. deliver to Lender at any time a written statement of the taxes and assessments <br />against the Property. <br /> <br />Natice af Canstructian. Trustar shall notify Lender at least fifteen (15) days before any wark is commenced, any services are <br />furnished, or any materials are supplied to. the Praperty, if any mechanic's lien, materialmen's lien, or ather lien cauld be asserted an <br />account of the wark, services, or materials. Trustor will upon request of Lender furnish to. Lender advance assurances satisfactary to. <br />Lender that Trustar can and will pay the cast af such improvements. <br /> <br />PROPERTY DAMAGE INSURANCE. The following pravisians relating to. insuring the Property are a part of this Deed af Trust. <br /> <br />Maintenance af Insurance. Trustar shall procure and maintain palicies af fire insurance with standard extended caverage <br />endersements an a replacement basis for the full insurable value covering all Improvements an the Real Property in an amount <br />sufficient to. avoid applicatian af any coinsurance clause, and with a standard martgagee clause in favar af Lender, together with such <br />other hazard and liability insurance as Lender may reasonably require. Palicies shall be written in form, amaunts, caverages and basis <br />reasanably acceptable to. Lender and issued by a company or campanies reasanably acceptable to. Lender. Trustor, upan request of <br />Lender, will deliver to Lender fram time to time the policies ar certificates af insurance in form satisfactory to Lender, including <br />stipulations that caverages will not be cancelled or diminished without at least ten (10) days priar written notice to. Lender. Each <br />insurance pal icy also. shall include an endorsement praviding that caverage in favor af Lender will not be impaired in any way by any <br />act, amissian or default of Trustor or any other person. Should the Real Property be located in an area designated by the Directar of <br />the Federal Emergency Management Agency as a special flood hazard area, Trustor agrees to. obtain and maintain Federal Floed <br />Insurance, if available, for the maximum amount of Trustar's credit line and the full unpaid principal balance of any priar liens on the <br />property securing the loan, up to. the maximum policy limits set under the National Floed Insurance Program, ar as atherwise required <br />by Lender, and to. maintain such insurance far the term af the laan. <br /> <br />Applicatian af Preceeds. Trustor shall promptly notify Lender af any loss ar damage to the Praperty. Lender may make praaf af loss <br />if Trustar fails to do so. within fifteen (15) days af the casualty. Whether or not Lender's security is impaired, Lender may, at Lender's <br />election, receive and retain the praceeds of any insurance and apply the praceeds to the reductian of the Indebtedness, payment of <br />any lien affecting the Praperty, or the restaration and repair af the Property. If Lender elects to. apply the preceeds to. restaration and <br />repair, Trustar shall repair or replace the damaged er destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon <br />satisfactory proaf af such expenditure, payor reimburse Trustor from the praceeds for the reasanable cest af repair ar restoratien if <br />Truster is nat 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 restaration of the Praperty shall be used first to. pay any amount awing to Lender <br />under this Deed af Trust. then to. pay accrued interest, and the remainder, if any, shall be applied to the principal balance of the <br />Indebtedness. If Lender halds any proceeds after payment in full af the Indebtedness, such proceeds shall be paid to Trustar as <br />Trustar's interests may appear. <br /> <br />Compliance with Existing Indebtedness. During the period in which any Existing Indebtedness described belaw is in effect, compliance <br />with the insurance provisions cantained in the instrument evidencing such Existing Indebtedness shall canstitute campliance with the 0 <br />Insurance provisions under this Deed of Trus to. he ext~t c~mpln~ with the terms of this Deed af Trust would constitute a :s: <br />duplicatian af insurance requirement. If any pr cee s from t e i ur. ce. ecame payable on loss, the provisians in this Deed ef Trust ;:".i <br />fer division of proceeds shall apply only to that art n of th proeed, no payable to. the holder of the Existing Indebtedness. i.': <br /> <br />LENDER'S EXPENDITURES. If Trustar fails (A) t ke the Propert. fri' aflall taxes, liens, security interests, encumbrances, and other ~~," <br />claims, (6) to provide any required insurance an he operty, tIC) to. at repairs to. the Property or to. comply with any obligation to. !:;.; <br />maintain Existing Indebtedness in good standing as eq ed bela ,t n nd r may do. so. If any actian ar proceeding is cammenced that'*, <br />wauld materially affect Lender's interests in the Pr er ,the.n L~nde on ru ar".... behalf may, but is nat required to, take any actian that L.\f <br />Lender believes to be apprapriate to. protect Lende i~rests. II pe se inei!lrred ar paid by Lender far such purpases will then bear ::>': <br />interest at the rate charged under the Credit Agree n om th dat in rr or'paid by Lender to the date of repayment by Trustar. All l\.... <br />such expenses will become a part af the Indebte.s n~at en r's 'apt n,will (A) be payable on demand; (B) be added to the'~ <br />balance of the Credit Agreement and be apportioneUimang l'd e p yab~ wit~ any installment payments to became due during either (1) ~:) <br /> <br />~ f~ ~ <br />-- I V \. lU <br />