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DEED OF TRUST 2Q1~~DU9~ <br />(Con#inued) Page 2 <br />Nufaanca, Waste. Truator shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of ar waste on <br />or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Truster will not remove, or grant to <br />any other party the right to ramnve, any timber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock products <br />without Lender's prior written consent, <br />Removal of lmprovamerrts. Truster shall net demolish or remove any Improvements from the Real Property without Lender's prior <br />written consent. As a condition to the removal of any Improvements, Lender may require Truster to make arrangements satisfactory <br />to Lender to replace such Improvements wish Improvements of at least equal value. <br />Lender's Right tp Enter. Lender and Lender's agents and representatives may entmr upon the Real Property at a!I reasonable times to <br />attend to Lender's interests and to inspect the Real Property for purposes of Trustar's compliance with the terms and conditions of <br />this Deed of Trust. <br />Compliance with Governmental Repulromants. Truster shall promptly comply with all laws, ordinances, and regulations, now or <br />hereafter in affect, of all governmental authorities applicable to the use ar occupancy of the Property, including without limitation, the <br />Americans With Disabilities Act. Truster may contest in good faith any such law, ordinance, or regulation and withhold compliance <br />during any proceeding, including appropriate appeals, so long as Truster has notified Lender In writing prior to doing sa and sn long as, <br />in Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lander may require Truster to post adequate security <br />or a surety bond, reasonably satisfactory to Lender, to protect Lender's interest. <br />Duty to Protect. Truster agrees neither to abandon or leave unattended the Property. Truator shall da 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 />DUE qN SALE -CONSENT BY LENDER, Lander 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 Raal Property, or any interest in the <br />Real Property. A "sale pr transfer" means the conveyance of Raal Property yr any right, title or interest in the Real Property; whether legal, <br />beneficial or equitable; whether voluntary or involuntary; whether by outright sale, dead, installment sale contract, land contract, contract <br />for deed, Leasehold interest with a farm greater than three I3) years, lease-option contract, or bV sale, assignment, or transfer of any <br />beneficial intarast in or to any land trust holding title to the Real Propercy, or by any other method of conveyance of en interest In the Real <br />PropeRy. However, this option shall not be exercised 6y Lender if such exercise Is prohibited by federal law or 6y Nebraska law. <br />TAXES AND LIENS. Tha following provisions relating to the taxes and liens on the Property are part of this Deed of Trust: <br />Paymmnt. Truster shall pay when duo (and in all events prior to delinquency) all texas, spacial taxes, assessments, charges (including <br />water and sewer), fines and impnsitinns levied against or on account of the Property, and shall pay when due all claims for work dare <br />on or for services rendered or material furnished to the Property. 7rustor shalt maintain the Property free of all liens having priority <br />over or equal to the interest of Lander under this Deed of Trust, except for the lien of texas and assessments not due and except as <br />otherwise provided in this Deed pf Trust. <br />Right tv Cgntest. Truster may withhn)d 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 Ute Property is not jeopardized. If a lien arises or is tiled as a result of nonpayment, <br />Truster shell within fifteen 115) days after the Tien arises or, if a lien is filed, within fifteen (15) days after Truster has notice of the <br />filing, secure the discharge of the lien, or Pf requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or <br />other security satisfactory to Lander in an amount sufficient to discharge the Itan 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, Truster shall defend itself and Lander and shall <br />satisfy any adverse judgment before anfnrcement against the Property. Truster shall Hama Lender as an additional obligee under any <br />surety bond furnished in the contest proceedings. <br />Evidence of Payment. Truster 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 easessmenta <br />against the Property. <br />Notice of Construction. Truator shall notify Lender at least fifteen (15) days before any work is commenced, any services era <br />furnished, or any materials era supplied to the Property, if any mechanic's lien, materialmen's lien, or other lion could be assorted on <br />account of the work, services, or materials. Truator will upon request of Lender furnish to Lander advance assurances satisfactory to <br />Lender that Truator can and will pay the cost of such improvements. <br />PROPERTY DAMAGE INSURANCE. The fallowing provisions relating to insuring the Property era a part of this Deed of Trust, <br />Maintenance of Insurance. Truator shall procure and maintain policies of fire insurance with standard extended coverage <br />endorsements on a replacement basis far the full insurable value covering all Improvements pn the Real Property in an amount <br />sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause In favor of Lender, Truster shall also <br />procure and maintain comprehensive general liability insurance in sunh coverage amounts as Lender may request with Trustee and <br />Lander being named as additional Insureds in sunh liability insurance policies. Additionally, Truator shall maintain such other <br />insurance, including but not limited to hazard, business interruption, and boiler insurance, as Lender may reasonably require. Policies <br />shalt be written in form, amounts, coverages and basis reasonably acceptable to Lander and issued 6y a company or companies <br />reasonably acceptable to Lender. Truator, upon request of Lender, will deliver to Lander from time to time the policies or certificates <br />of insurance in form satisfactory to Lender, including stipulatlona that coverages will not be cancelled or diminished without at least <br />thirty {30) days prior written notice to Lender. Each insurance policy also shall include an endorsement providing that coverage in <br />favor of Lender will not be impaired in any way by any act, omission or default of 7rustor ar any other person. Should the Real <br />Property 6e located in an area designated by the Director vt the Federal Emergency Management Agency as a special flood hazard <br />area, Truator agrees tp obtain and maintain Federal Flapd Insurance, if available, for the full unpaid principal balance of the loan and <br />any prior liens on the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, yr <br />as otherwise required by Lander, and to maintain Such insurance for the term pf She loan. <br />Appifeation of Proceeds. Truator shall promptly notify Lander of any lose or damage to the Property. Lender may make proof of loss <br />if 7rustor fails to do so within fifteen (15) days of the casualty, Whether yr Hat Lender's security is impaired, Lander 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 Lander elects to apply the proceeds to restoration and <br />repair, Truator shall repair pr replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon <br />satisfactory proof of such expenditure, pay or reimburse Truator from the proceeds for the reasonable cost of repair or restoration if <br />Truator 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 pr restoration of the Property shall bo used first iv pay any amount awing to Lander <br />under this Daad of Trust, then to pay accrued interest, and the remainder, if any, shall ba applied to the principal balance of the <br />Indebtedness. If Lander holds any proceeds after payment in full of the Indebtedness, such proceeds shall be paid to Truator as <br />Trustor's interests may appear. <br />7rustor's Report on Insurance. Upon request of Lander, however not more than once a year, 7rustor shall furnish t0 Lender a reporc <br />pn each existing policy of insurance showing: (1) the name of the insurer; (2) the risks insured; {3) the amount of the policy; 14) <br />the property Insured, the than currant replacement value of such property, and the manner of determining that value: and (5) the <br />expiration date of the policy. 'Truator shall, upon request of Lender, have an Independent appraiser satisfactory to Lender determine <br />the cash value replacement cost of the Property. <br />LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lender's interest in the Property yr if <br />Truator 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 7rustor is required to discharge or pay under this Deed of Trust yr any Related Documents, Lender <br />on Trustvr's behalf may {but shall not be obligated to) take any action that Lender deems appropriate, including but Hat limited to <br />discharging or paying all taxes, liens, security interests, encumbrances and other claims, et 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 far such purposes <br />will than bear intarast at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Truator. All <br />such expenses will became a part of the Indebtedness and, at Lender's option, will (A) be payable an demand; IB) be added to the <br />