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D~~D Q~ TRUST 2 0 i 0 ~ 2 2 4 <br />Loan No: $O$1$~F (Continued) Page 2 <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 purposes of Trustar'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 Proparty. Trustor may contest in good <br />faith any such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so Inng as <br />Trustor has notified Lender in writing prior to doing so and so long as, in Lender's sole opinion, tender's interests in the Property are <br />not jeopardized. Lender may require Trustor to post adequate security or a surety bond, reasonahly satisfactory to Lander, to protect <br />k.ender's interest. <br />Duty to Protect. Trustor agrees neither to abandon or leave unanended the Property. Trustor shall 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 Prapert.y. <br />DUE QN SALE -CONSENT f3Y 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 Lprtder's prior written consent, of all or any part of the Real Property, or any interest in the <br />Real Property. A "sale or transfer" means the conveyance of heal Properly or any rigtrt, title qr interest in the Real Proparty; whether legal, <br />beneficial or equitable; whether voluntary or involuntary; whether by outright sale, deed, instalhnertt sale contract, land rontrart, cantrart <br />for died, leasehold interest with a term greater than three 131 Years, Icasa-option contract, or by sale, assignment, or transfer of any <br />beneficial interest in or to any land trust holding title to ttte Real Property, ar 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 prohibited by federal law or by Nebraska law. <br />TAXES AND LIENS. The following provisions relating to the tares and liens on the Property are part of this Deed of Trust <br />Payment. Trustor shall pay when duo (and in all events prior to delinquency) all i:axes, special taxes, assessments, charges (including <br />water and sewer, fines and impositions levied against or on acrourtt of the Property, and shall pay when due all claims for work done <br />on or for services rendered or material furnished to the Property. 'Cru.,tor shall maintain the Property free of all liens having priority <br />over or equal to the interest of Lender under this Ueed of Trust, except for the lien of taxes and assessments not clue, except fc>r the <br />Existing Indebtedness referred to below, and except as 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 goad faith dispute over the <br />obligation to pay, so long a5 Lender's interest in the Property is not jeopardized. Ir a lien arises or is filed as a result of nonpayment, <br />Trustor shall within fifteen (15) days after the lien arises or, if a lien is tiled, within fifteen (151 days after Trustor has notice of the <br />filing, secure the discharge of the lien, nr if requested by Lander, deposit with I_.ender rash or a sufficient corporate surety bond or <br />other security satisfactory to Lender in an amount sufficient to discharge the Bert plus any casts and attorneys' fear, pr ether t:harges <br />that could accrue as a result of a foreclosure or sale under the lien. In any contest, Trustor shill defend itself and Lender and shall <br />satisfy any adverse judgment before enforcement against the Property. Trustor shall Warne 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 ttte 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 />against the Property. <br />Notice of Construction. Trustor shall notify Lendar at least fifteen 1151 days kte(are any wank is commenced, any services are <br />furnished, or any materials are supplied to the Property, if any rnechanir,'s lien, ntaterialrnen's lien, or other lien could be asserted on <br />account of the work, services, or materials. Trustor will t,rpon request of Lender furnish to Lender advance assurances satisfactory to <br />Lender that Trustor can and will pay the cost of such improvements. <br />PROPERTY DAMAGE IN5URANCE. Tkte following provisions relating to insuring the Property are a part of this Ueed of Trust. <br />Maintenance of Insurance. Trustor shall procure artd maintain paliries of fire insurance with standard extended coverage <br />endorsements on a replacement basis for the full insurable value covering all Improvements on the Real Property in an amount <br />sufficient to avoid application of any coinsurance clause, and Wlth a Standard mortgagee clause in favor of Lender, together with such <br />other hazard and liability insurance as Lender may reasonably regcrire. Policies shall be written in form, amounts, coverages and basis <br />reasonably. acceptable to Lender and issued by a company or companies reasonably acceptable to Lander. 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 he cancelled or diminished without at least ten (10) clays prior written notice to Lender. Each <br />insurance policy also shall include an endorsement pr'nviding that coverage in favor of Lender will not be impaired in any way by any <br />act, omission or 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 Flooci <br />Insurance, if available, for the full unpaid principal halaru:e of the Iran and any prior liens on the property securing the loan, up to the <br />rnaximurn policy limits set under the National Flood Insurance Program, or as otherwise required by Lendar, and to maintain such <br />insurance for the term of the loam. <br />Application of Proceeds. Trustor shall promptly notify Lendar of any loss or damage to the Property. Lender may make proof of loss <br />if Truster fails to do so within fifteen 1151 days of the casualty. Whether or oat Lender's security is unpaired, 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 lion affecting the Property, or the restoration and repair of the Property. If Lender elects to apply the proceeds to restoration and <br />repair, Truster shall repair or replar,e the damaged or destroyed Improvements in a manner satisfactory to Lendar. Lender shall, upon <br />satisfactory proof of such expenditure, pay or reimburse Trustor from the proceeds far the reasonahle cost of repair or restoration if <br />Trustor Is not in default under this Deed of Trust. Any proceeds which have not boon rlishursed within 180 days after their receipt <br />and which Lender has not committed to the repair or restoration of the Property shall he used first to pay arty amount owing to Lender <br />under this Ueed of Trust, then to pay accrued interest, and the remainder, if any, shall be apl:rlied to the prlnalpfll balarlCe of the <br />Indebtedness. If Lender holds any proceeds after payment in full of the Indebtedness, such proceeds shall be paid to Truster as <br />Trustor's interests may appear. <br />Compliance with Existing Indebtedness. During the period in which arty Existing Indebtedness described below is in effect, complianca <br />with the insurance provisions contained in the instrument evidenr.ing such Existing Indebtedness shall constitute compliance with the <br />insurance provisions under this Deed of Trust, to the exlertt. 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 nn loss, the provisions in this Ueed of Trust <br />for division of proceeds shall apply only to that portion of the proceeds not payable to the holder of the Existing Indebtedness. <br />LENDER'S EXPENDITURES. If Trustor fails (A) to keep ttte Property free of all taxes, liens, security interests, encumbrances, arxi other <br />claims, IBl to provide any required insurance on the Property, IC- to make repairs to tfre Property or to comply with any obligation to <br />maintain Existing Indebtedness in good standing as required below, than Lender may do so. If any action or proceeding is commenced that <br />would materially affect Lender's interests in the Property, then Lendar on lrustor's behalf may, but is not required to, take any action that <br />Lender believes to be appropriate to protect lender's interests. All expenses incurred or paid by Lender for such purposes will then bear <br />interest at the rate charged under the Note from the date incurred or paid by Lendar 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 derttand; IB- 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 I11 the terra of any <br />applicahle insurance policy; or 12- the remaining term of the Note; or ICI be treated as a balloon payment which will be due and payable <br />at the Note's maturity. The Deed 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 or any remedies to which Lander 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 provisions relating to ownership of the Property are a part of this Deed of Trust: <br />Title. Trustor warrants that: la- Truster holds good and marketable title of record to the Property in fee simple, free artd clear of all <br />liens and encumbrartres other than those set forth in the Real Property description or in the Existing Indebtedness section below or in <br />any title insurance policy, title report, or final title opinion issued in favor nf, and accepted by, Lender in conrtectinn with this Deed of <br />