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nE~n o~ r~usr 2 010 0 0 $ 2 ~ <br />(Continued} Page 2 <br />Nuisance, Waste, Trustor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping tlf or waste on <br />or tc the Property or any portion of the Property. Without limiting the ganerefity of the foregoing, Trustor will not remove, or grant to <br />any other party the right to remove, any timber, minerals {including ail and gas), coal, clay, scoria, soil, gravel or rock products <br />without Lender's prior written consent. <br />Removal of Improvements, Trustor shall not 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 Trustor to make arrangements satisfactory <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 al! reasonable times tv <br />attend to Lender's interests and to inspect the Real Property far purposes of Trustor's compliance with the terms and condltigns of <br />this Deed of Trust. <br />Compliance with Gavyrnmental Requiremerrts. Trustor shall promptly Damply with all laws, ordinances, and regulations, now or <br />hereafter in effect, of all governmental authorities applicably 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 ao 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 />Duty to Protect. Trustor agrees neither to abandon or leave unattended the Property. Trustor shalt 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 />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 Landar's prior written consent, of all or any part of the Real Property, or soy interest in the <br />Real Property, A "salt' 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 6t' outright sale, deed, installment sale contract, Land contract, contract <br />for deed, leasehold interest with a term greater than throe (3) years, lease~ption contract, or by sale, assignment, or transfer of any <br />beneficlel interest in or to any land trust holding title to the Real Propyrty, or by any other method of coneeyance of an interest in the Real <br />Property. However, this opripn shall not by exercised by Lander if such exercise is prohibited by federal law or by Nebraska law. <br />TAXES AND LIENS. The folitlwing provisions relating to the taxes and Iivns on the Property are part of this Deed of Trust: <br />Paym®nt. 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 tln account of the Property, and shall pay when due all claims for work dons <br />on or fpr services rendered or material furnished to the Property. Trustor shall maintain the Property free of all liens having priority <br />over yr equal to the intyrest of Lender under this peed of Trust, except for me lien of taxes and assessments not due and except as <br />otherwise provided In this Deed of Trust. <br />Right to Contest. Trustor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute aver the <br />obligation to pay, sn 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 115) days aher the lien arises or, if a lien is filed, within fifteen 115) days after Trustor has notice of the <br />filing, secure fhe discharge of the lion, 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' Eves, 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 end 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 />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 />egainat thB Property. <br />Not(cy of Construction. Trustor shall notify Lander at Ieest fifteen (15) days before any work is commenced, any syrvices era <br />furnished, or any materials art' supplied to the Property, if any mechanic's lien, matvrialmen'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 Lvndvr advance assurances satisfactory to <br />Lender that Trustor can and will pay the cost of such improvements. <br />PROPERTY DAMAGE INSURANCE. 11te following provisions relating to insuring the Property are a part of this Dyed of Trust. <br />Maintenance of Insurance. Trustor shall procure and maintain policies of fire Insurance with standard extended coverage <br />endorsements on a replacement basis for the full insurable value covering all Improvements on the Rea{ Property in an amount <br />sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender. Trustor shall also <br />procure and maintain t:omprehensive general liability insurance in such coverage amounts as Lynder may request with Trustee and <br />Lender being named as additional insureds in such liability Insurance policies. AdditionaAy, Trustor shall maintain such other <br />insurance, including but not limited to hazard, business intyrruption, and boiler insurance, as Lender may reasonably require. Policies <br />shall be written in form, amnunta, coverages and basis reasonably acceptable to Lender and issued by a company or companies <br />reasonably acceptable to Lender. Trustor, upon request oT Lender, will deliver tv Lynder from time to time the policies ar certificates <br />of insurance in farm satisfactory to Lender, including stipulations that coverages will not be cancellyd or diminished without at least <br />thirty 130) days prior written notice to Lander. Each insurance policy also shall include an endorsement prpviding that coverage in <br />favor of Lynder will not be impaired in any way by any act, omission or dmfauit of Trustor or any ether person. Should the Real <br />Property by located in an area designated by the Director of the Faderel Emergency Management Agency as a special flood hazard <br />area, Trustor agrees to obtain and maintain Federal Flood Insurance, if available, for the full unpaid principal balance of the loan and <br />any prior }ions on fhe property securing the loon, up to the maximum policy limits set under the National Flood Insurance Program, or <br />as otherwise required by Lender, end to maintain such insurance for the term of the loan. <br />Application of proceeds. Trustor shall promptly notify Lender of any loss or damage to the Property. Lynder may make proof of loss <br />if Trustor falls ttl do so within fifteen 1151 days of the casualty. Whether or not Lender's security is impaired, Lynder may, at Lender's <br />election, receive and retain the proceeds of any insurance and apply the proceeds to the reduction of fhy 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 fhy damaged or destroyed Improvements in a manner satisfactory to Lynder. Lender Shall, upon <br />satisfactory proof of such expenditure, pay yr reimburse Trustor from the proceeds for the reasonable cost of repair or restoration if <br />Trustor is not in default under this Deod 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 restoration of the Property shall tie used tirat to pay any amount owing to Lender <br />under this Deed of Trust, then to pay accrued interest, and the remainder, if any, shall be applied to the principal balance of fhy <br />Indebtedness. ;f Lander holds any proceeds after payment in full of the Indebtedness, such proceeds shall be paid to Trustor es <br />Trustar's interests may appear. <br />Trustor's Report on Insurance. Upon request of Lander, however not more than onto a year, 7ruatar shelf furnish to Lender a report <br />on eaeh existing policy of insurance showing: {1) the name of the insurer; {2) the risks insured; 131 the amount of the policy; (41 <br />fhy property insured, the then current replacement value of such property, and fhy manner of determining that value; and (51 the <br />expiration date of the policy. Trustor shall, upon request of Lander, have an independent appraiser satisfactory to Lander determine <br />the cash value replacement coat of the Property. <br />LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lender's interest in fhy Property or if <br />Trustor fails to comply with any provision of this Deed of Trust or any Related Documents, including put not limited to Trustor's failure to <br />discharge or pay when due any amounts Truster is required to discharge or pay under this Deed of Trust or any Related Documents, Lender <br />an Trustor's behalf may {but shall not be obligated ta) take any action that Lender deems appropriate, including but eat IimEted to <br />discharging or paying all taxes, liens, security interests, encumbrances and ocher claims, at any time levied or placed on the Property and <br />paying all costs for insuring, maintaining end preserving fhy Property. All such expenditures incurred or paid bV Lender far such purposes <br />will then bear interest at the rate charged under the Nate Trom the date incurred or paid by Lender to the date of repayment by Truster. Au <br />such expenses will become a part of the Indebtedness and, at Lender's option, well (AI be payable on demand; LB) be added to the <br />