Laserfiche WebLink
DEED OF TRUST 2 010 0 5 7 S'7 <br />Loan No: 15665 (Continued) Page 2 <br />over or equal to 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 Deled of Trust. <br />PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Deed of Trust. <br />Maintenance of Insurance. Trustor shall procure and maintain policies of fire insurance with standard extended coverage <br />endorsements on a fair value basis for the full insurable value covering all Improvements on the Real Property in an amount sufficient <br />to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender. Trustor shall also procure <br />and maintain comprehensive general liability insurance in such coverage amounts as Lender may request with Trustee and Lender <br />being named as additional insureds in such liability insurance policies. Additionally, Trustor shall maintain such other insurance, <br />including but not limited to hazard, business interruption, and boiler insurance, as Lender may reasonably require. Policies shall be <br />written in form, amounts, coverages and basis reasonably acceptable to Lender and issued by a company or companies reasonably <br />acceptable to Lender. Trustor, upon request of Lender, will deliver to Lender from time to time the policies or certificates of insurance <br />in form satisfactory to Lender, including stipulations that coverages will not be cancelled pr diminished without at least ten (10- days <br />prior written notice to Lender. Each insurance policy also shall include an endorsement providing that coverage in favor of Lender will <br />not be impaired in any way by any act, omission or default of Trustor or any other person. Should the Real Property be located in an <br />area designated by the Director of the Federal Emergency Management Agency as a special flpod hazard area, Trustor agrees to <br />obtain and maintain Federal Flood Insurance, if available, for the full unpaid principal balance of the loan and any prior liens an the <br />property securing the loan, up to the maximum policy limits set under the Natipnal Flood Insurance Program, or as otherwise required <br />by Lender, and to maintain such insurance for the term of the loan. <br />LENDER'S EXPENDITURES. If any action pr proceeding is commenced that would materially affect Lender's interest in the Property or if <br />Trustor 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 Trustor is required to discharge or pay under this Deed of Trust or any Related Documents, Lender <br />on Trustpr's behalf may (but shall not be obligated to) take any action that Lender deems appropriate an the Property and paying all costs <br />for insuring, maintaining and preserving the Property. All such expenditures 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 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 (A) be payable on demand; (B) 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 of any <br />applicable insurance policy; or 12- the remaining term of the Note; or ICl be treated as a balloon payment which will be due and payable <br />at the Npte's maturity. <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: (a- Trustor holds good and marketable title of record to the Property in fee simple, free and clear of all <br />liens and encumbrances other than those set fprth in the Real Property description or in any title insurance policy, title report, or final <br />title opinion issued in favor of, and accepted by, Lender in connection with this Deed of Trust, and Ib) Trustor has the full. right, <br />power, and authority to execute and deliver this Deed of Trust to Lender. <br />Defense of Title. Subject to the exception in the paragraph above, Trustor warrants and will forever defend the title to the Property <br />against the lawful claims of all persons. <br />EVENTS OF DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under this Deed of Trust: <br />Payment Default. Trustor fails to make any payment when due under the Indebtedness. <br />Other Default. Trustor fails to comply with any other term, obligation, covenant or condition contained in this Deed of Trust or in any <br />of the Related pocuments. <br />Compliance Default. Failure tp comply with any other term, obligation, covenant or condition contained in this Deed of Trust, the Note <br />or in any of the Related Documents. <br />Default on O#hgr Payments. Failure of Trustor within the time required by this Deed of Trust to make any payment for taxes or <br />insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien. <br />Death or Insolvency. The death of Trustor, the insolvency of Trustor, the appointment of a receiver for any part of Trustor's property, <br />any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any <br />bankruptcy or insolvency laws by or against Trustor. <br />Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation <br />party of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or <br />revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. <br />Adverse Change. A material adverse change occurs in Trustar's financial condition, or Lender believes the prospect of payment or <br />performance of the Indebtedness is impaired. <br />Insecurity. Lender in good faith believes itself insecure. <br />Right to Cure. If any default, other than a default in payment is curable and if Trustor has not been given a notice of a breach of the <br />same provision of this Deed of Trust within the preceding twelve (12) months, it may be cured if Trustor, after Lender sends written <br />notice to Trustor demanding cure of such default: 11- cures the default within ten 110) days; ar (2) if the cure requires more than <br />ten 1101 days, immediately initiates steps which Lender deems in Lender's sole discretipn to be sufficient to cure the default and <br />thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably <br />practical. <br />RIGHTS AND REMEDIE5 ON DEFAULT. Upon the occurrence of any Event of Default under any indebtedness, or should Trustor fail to <br />comply with any of Trustor's obligations under this Deed of Trust, Trustee or Lender may exercise any one or more of the following rights <br />and remedies: <br />Acceleration Upon Default; Additional Remedies. If any Event of Default occurs as per the terms of the Note secured hereby, <br />Lender may declare all Indebtedness secured by this Deed of Trust to be due and payable and the same shall thereupon become <br />due and payable without any presentment, demand or protest of any kind. Thereafter, Lender may: <br />Ia- Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court and <br />without regard to the adequacy of its security, enter upon and take possession of the Property, or any part thereat, in its <br />awn name or in the name of Trustee, and do any acts which it deems necessary or desirable to preserve the value, <br />marketability or rentability of the Property, or part of the Property or interest in the Property; increase the income from the <br />Property or protect the security of the Property; and, with or without taking possessicn of the Property, sue for nr otherwise <br />collect the rents, issues and profits of the Property, including those past due and unpaid, and apply the same, less costs and <br />expenses of operation and callection attorneys' fees, to any indebtedness secured by this Deed of Trust, all in such order as <br />Lender may determine. The entering upon and taking possession of the Property, the callection of such rents, issues and <br />profits, and the application thereof shall not cure or waive any default or notice of default under this Deed of Trust or <br />invalidate any act done in response to such default or pursuant to such notice of default; and, notwithstanding the <br />continuance in possession pf the Property or the collection, receipt and application of rents, issues or profits, Trustee or <br />Lender shall be entitled to exercise every right provided for in the Note or the Related Documents or by law upon the <br />occurrence of any event of default, including the right to exercise the power of sale; <br />Ib) Commence an action to foreclose this peed of Trust as a mortgage, appoint a receiver or specifically enforce any of the <br />covenants hereof; and <br />Ic) Deliver to Trustee a written declaration of default and demand for sale and a written notice of default and election to <br />cause Trustor's interest in the Property to be sold, which notice Trustee shall cause to be duly filed for record in the <br />appropriate offices of the County in which the Property is located; and <br />Id- With respect to all nr any part of the Personal Property, Lender shall have all the rights and remedies of a secured party <br />under the Nebraska Uniform Commercial Code. <br />