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Loan No: 808093 <br />DEED OF TRUST <br />1Continued) 2 0 0 9 U 9 3 U 3 gage z <br />to Lender to replace such Improvements with Improvements of at least equal value. <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 purppses of Trustor's compliance with the terms and conditions of <br />this Deed of Trust. <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. Trustor may contest in good <br />faith any such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as <br />Trustor has notified Lender in writing prior to doing so and so long as, in Lender's sole opinion, Lender's interests in the Prpperty are <br />not jeopardized. Lender may require Trustor to post adequate security ar a surety bond, reasonably satisfactory tp Lender, tp protect <br />Lender's interest. <br />Duty to Protect. Trustor agrees neither to abandon or leave unattended the Property. Truster shall do all other acts, in addition to <br />those acts set forth above in this section, whiph from the character and use of the Property are reasonably necessary tp protect and <br />preserve the Property. <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 prier written consent, of all or any part of the Real Property, or any interest in the <br />Real Prpperty. A "sale or transfer" means the conveyance of Real Property or any right, title or interest in the Real Property; whether legal, <br />beneficial pr equitable; whether voluntary pr involuntary; whether by outright sale, deed, installment sale epntract, land contract, contract <br />for deed, leasehold interest with a term greater than three 131 years, lease-option contract, or by sale, assignment, or transfer of any <br />beneficial interest in pr 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 prphibited by federal law or by Nebraska law. <br />TAXES AND LIENS. The following provisions relating to the taxes and liens on the Prpperty are part of this Deed of Trust: <br />Payment. Trustor shall pay when due (and in aII events prior to delinquency) all taxes, special taxes, assessments,. charges (including <br />water and sewerl, fines and impositions levied against or on account of the Property, and shall pay when due all claims for work done <br />an or far services rendered pr material furnished to the Property. Trustor shall maintain the Property free of all liens having priority <br />over ar equal tp 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 pf Trust. <br />Right to Cantast. Trustor may withhold payment of any tax, assessment, or plaim in connection with a good faith dispute over the <br />obligation to pay, sa long as Lender's interest in the Property is not jeopardized. If a lien arises ar 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 tp discharge the lien plus any costs and attprneys' 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 pbligee under any <br />surety bond furnished in the contest proceedings. <br />Evidence of Payment. Trustor shall uppn demand furnish to Lender satisfactory evidence pf payment of the taxes or assessments and <br />shall authprize the appropriate governmental official to deliver to Lender at any time a written stafement of the taxes and assessments <br />against the Property. <br />Natics of Construction. Trustor shall notify Lender at least fifteen (151 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 cyst of such improvements. <br />PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Prpperty are a part pf this Deed of Trust. <br />Maintenance of Insurance. Trustor shall procure and maintain policies of fire insurance with standard extended coverage <br />endprsements on a replacement basis for the full insurable value cpvering all Improvements on the Real Property in an amount <br />sufficient to avoid application pf any coinsurance clause, and with a standard mortgagee clause in favor of Lender, together with such <br />other hazard and liability insurance as Lender may reasonably require. Policies shall be written in form, amounts, coverages and basis <br />reasonably acceptable to Lander and issued by a company or companies reasonably acceptable to Lender, Trustor, upon request of <br />Lender, will deliver to Lender from time to time the policies or certificates of insurance in form satisfactory to Lender, including <br />stipulations that coverages will not ba 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 coverage in favor of Lender will not be impaired in any way by any <br />act, omission pr default of Trustor or any other person. Should the Real Property be located in an area designated by the Director of <br />the Federal Emergency Management Agency as a special flood hazard area, Trustor agrees to obtain and maintain Federal Flood <br />Insurance, if available, for the full unpaid principal balance of the Inan and any prior liens on the property securing the loan, up tp the <br />maximum policy limits sat under the National Flood Insurance Program, nr as otherwise required by Lender, and to maintain such <br />insurance for the term of the loan. <br />Application of Proceeds. Trustor shall promptly notify Lender of any loss pr damage to the Property. Lender may make proof of loss <br />if Trustor fails to do so within fifteen (16) 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 tp Lender. Lender shall, upon <br />satisfactory prapf of such expenditure, pay ar reimburse Trustor from the proceeds far 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 ar restoration of the Property shall be used first to pay any amount Awing to Lender <br />under this Desd of Trust, then tp 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 />Compliance with Existing Indebtedness. During the period in whiph any Existing Indebtedness described below is in affect, compliance <br />with the insurance provisions contained in the instrument evidencing such Existing Indebtedness shall constitute compliance with the <br />insurance provisions under this Deed of Trust, to the extent compliance with the terms of this Deed of Trust would constitute a <br />duplication of insurance requirement. If any proceeds from the insurance become payable on Ipss, the provisions in this Deed of Trust <br />for division of proceeds shall apply only tp that portion of the proceeds not payable to the holder pf the Existing Indebtedness. <br />LENDER'S EXPENDITURES. If Trustor fails IA) to keep the Property free of all taxes, liens, security interests, encumbrances, and other <br />claims, IB) to provide any required insurance on the Property, (C} to make repairs to the Property or to comply with any obligation to <br />maintain Existing Indebtedness in good standing as required below, then Lender may da so. If any action nr proceeding is commenced that <br />would materially affect Lender's interests in the Property, then Lender on Trustor's behalf may, but is net required to, take any action that <br />Lender believes to be appropriate to prefect Lender's interests. All expenses incurred or paid by Lender for such purppses will then bear <br />interest at the rate charged under the Note from the data incurred ar 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 IAI be payable on demand; (BI be added to the balance of <br />the Note and be apportioned among and be payable with any installment payments to become due during either (1) the term pf any <br />applicable insurance policy; or 121 the remaining term of the Note; or iC) be treated as a balloon payment whiph will be due and payable <br />at the Note's maturity. The Daed of Trust also will secure payment of these amounts. The rights provided for in this paragraph shall be in <br />addition to any other rights ar any remedies to which Lender may be entitled on account of any default. Any such action by Lender shall <br />not be construed as curing the default so as to bar Lender from any remedy that it otherwise would have had. <br />WARRANTY; DEFENSE OF TITLE. The following previsions relating to ownership of the Property are a part pf this Deed of Trust: <br />Title. Trustor warrants that: (a) Trustor holds gpnd 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 the Existing Indebtedness section below ar in <br />any title insurance policy, title report, or final title opinion issued in favor af, and accepted py, Lander in connection with this Deed of <br />