|
07128/?010 15:41 308-773-2224 Fr~r2MERS slap MANK rgUt e'1lel
<br />2oioo5s3~
<br />DEED pF TRUST
<br />(Continued) Pege 2
<br />with this aectlon of the Daed of Trust. Any InspeCTlane dr tests made by Lentlar shall b@ for Lender's purpeaes only and shall not 6e
<br />construed tb oreete env reaponslbility pr liability on the pan of Lender to Trustor or to any other person- Ths repraeantatlons and
<br />warramies contained herein are based an Trustor's due diligence In MvesHpating the Property for Haasrdoue Substances, Trustor
<br />hereby It I releases end waives any 1Vturp Claims egainet Lender for Indemnity or deniributian in the avant Truatar becamea liable for
<br />cleanup pr other Costs under anV such laws; and (21 agrees to indemnify, defend, and hold harmless Lander against any end all
<br />claims, Iperea, liebllidea, damages. penaltia6, and expenses which lender may diraC#ly or indirectly sustain or suffer resulting from a
<br />breach of This aectlon of the ^aed of Trust or as a cpneaqusnce of arty Usn, generation, manutacturp, storage, disposal, release er
<br />thraat¢ned release occurring prior to TR1Star'9 ownership pr Interest in the Property, whether dr net the same wee or should have
<br />boon known to Trustor, The prevfalons of this aectlon of the Dead of Trust, including tha abllgation to indemnity and tlafand, shall
<br />survive the payment Cf the Indebtedness end the satlsfaCtivn end raconveyanca of the lien o} this peed a} Trust and shall not be
<br />affected by Lender's aoquishlon vt any interest in the Property, whether by fvreCldaura or otherwise,
<br />Nulsanae, Waste. Trustor shell not nauae, conduct or parmh any nuisenoa nor Commit, permit, pr suffer any stripping of or waste nn
<br />or to the Property or any portion of the Property. Without limhing the generality of the fvragoinp, Truatar will net remove, or grant to
<br />env other party the right to remove, any timbnr, minerals )including oil end gall, coal, clay, scoria, sell, gravel or rock products
<br />Whhplrl Lancer's prier written consent.
<br />pamoval of Imprpvemarrts. Trustor shell net demolish pr remove any Improvements from the Rael Property without Lender's prior
<br />writran Consent- Aa a condltlnn tv the removal of arty Improvements, Lander may require TNStor to make arrangements satiPfaetary
<br />tv Lentlar to replace such Improvemerrta whh Improvememe of et least equal value.
<br />Lender's Right to Enter. Lentlar and Lender's agents and representetlves may enter upon tbs. Real Property at all reasonable times td
<br />attend tp Lender's interests end to inspect the Real Property for purposes of 7rustor's Compliance with the terms end conditions of
<br />this peed of Trust.
<br />Cpmpllanca with Gavarhm¢ntal Requirements. Trustor shall prampily comply with all lows, erdlnantles, and raguletibns, now ar
<br />heroaftsr In affecT, of ell governmental euthaNtles applicable to the use or occupancy pf the Property. Trustor may contest in gdtld
<br />faith any such law, ordinance, er regulation end withhold cpmplienpe during any pracaeding, including spproprlate appeals, ee long as
<br />Truster hen notified Lander in writing prior to deing sa and sv Inng as, In Lender's sole epinlon, Lender's Interests In the Property are
<br />not jepprrdixed. Lender may requite Trustor tp peat adequate security or a surety hand, reaaenebly setiafactory to Lender, Sn pratact
<br />Lender's interest,
<br />Duty to Protect. Trustor egress Walther tC abentlon or Issue unattended the Property, Trustor 6hall do ell other acts, In Bddillpn tp
<br />these acts sat forth above in this aectlon, which from the character and use of the Property era reasonably necessary to pro[act and
<br />preserve the Property,
<br />GUE ON SOLE • CONSENT By LENDER, Lender mac, at Lender's option, Declare immediately due end payable all sums secured by this
<br />peed of Trust upon the sale or transfer, without Lender's prior written ctlnsem, of all ar any part of the Real Property, or env interest In the
<br />Real Property, A "agile pr tranatef" means the conveyance df Real property br any right, title or Int¢reST in the Real Property: whether legal,
<br />banaficlal or equitable; whether voluntary nr Involuntary; whether by outright sale, deed, Installment Sala contract, land contract, contract
<br />for dyed, leasehold imereai with a term greeter then three 131 yeafs, lease-option Contract, or by Gels, assignment, dr transfer of any
<br />beneficiei interest In or tC any lend trust holding title to the Real Property, yr by any other method oT Conveyance of an irterest in the Real
<br />Property. Wdwever, this option shell not 6a exercised by Lentlar if such exercise is grdhibhad by faderel law or by Nebraska law,
<br />TAXES ANb L1EN6. The fnllowinp previsions telaTing tv She texas and liens on the Property era part of this Deed of 7ruetr
<br />Payment. Trustor shall pay when tlue IBnd in all averts prior to delinquency) all taxes, special taxes, easeesmams. Charges (including
<br />wamr and sewer), fines and impeahlons levied against or on aecaunt of the Prvparty, end shall pay when due all Claims for work done
<br />on or for sarvlcas renderod dr material furnished to the Property, Trusiar shall maintsin the Prgporty free pf all liens having priority
<br />over or equal to She interact of Lander under this peed df Trust, except fvr The lien of taxed and assessments npi due end axeap2 as
<br />otherwise provided in this Dead of Trust,
<br />RlghYto Cement. Trustor may withhold, payment of any Sax, assessment, er claim In connection with a good fahh dispute over the
<br />obligation tv pee, ac long es Lender's interest in the Property is not jeopardised. If a lien arises or is filed as a result of nonpaymem,
<br />Trustor shall within fifteen 115) days after the lien arises or, if a lien is tiled, within fifteen 1151 days after Trustor has notice of the
<br />filing, secure the discharge df the Ilan, or if requested by Lentlar, daposh with Lender cash nr a sufficient corporate surety band or
<br />other security satisfacmry to L@ndar in pit amount sufficient m discharge the lien plus any casts end attorneys' fees, or other charges
<br />that could accrue as a result nt a foreclosure or safe under The lien. In any eentest, Truster shall defend haelf and Lander and shall
<br />satisfy any adverse judgmem befgre enforcamant against the Property. Truster shall name Lender as an adtlRional obligee under any
<br />surety bohd Furnlsned in the contest proceedings.
<br />Evldenoe of Payment TNSTtlr shell upon demand furnish to Lender setiafactdrv evidence of payment of the Taxes pr asaesamenta end
<br />shell authorize the appraprlate gnvemmental official to deliver to Lender et any time a written statement pf ino taxes and assessments
<br />against the Prvparty_
<br />Natiee df ppnseruetlnn. Truster shall notliy Lender at least fittaan (19) days before any work is cpmmanpad, any fiarvlpes are
<br />furnished, or any materiels ere Supplied to the Property, if any mechanic's Ilan, matarialman'S lien, or ether lien could be aasercod on
<br />account of the work, services, ar materials, Trustor will upon request pf Lender furnish to Lander advance asaurantlas satisfactory tb
<br />Lender that Trustor can end wilt pay the cost of such Improvements,
<br />PRDPERTY pAMAOE INSURANCE. Tha fpllewing provlslans relating m insuring the Property are a part of Thls Deed of Trust.
<br />Maintenance of Inaurenoe. Trustor shall procure Bnd malnTaln policies pf lire insurance with standard extended coverage
<br />endarsementa on s raplapemant brats for the full insurable value Cdvering all Improvememe pit the Real PrepeKV in an amount
<br />sufflClem to avoid application vi any cpinauranpe Clause, and whh a standard mortgagee clause In favor Of Lender, together whh such
<br />other hazard and Iiabilhy insurance ss Lender may reaaenebly require. Pelioies shall ha written In form, amaurtts, coverages and befits
<br />reasonably scc¢ptabl¢ td Lander and issued 6y n company pr ppmpeniea reaaenebly aecapta6la to Lander. Trustor, upon request Cf
<br />Lentlar, will deliver to Lander from time to time the policies or Certificates of insurance in form eatiefaetory tC Lender, Including
<br />atipulatione that coverages will not ba cencellad or diminished whhauT at least Tan 11^1 days prior written notice to Lander. Each
<br />insurance policy also shell Include en endorsement providing that Coverage in favor of Lender will not be impaired in any way by any
<br />act, omiaeion or dafaub of Truatar pr any other person. Should the Rnal Property be located in en area designated by the Director of
<br />the Federal Emergency Managamem Agsney as a special flood hazard Brea, Trustor agrees to Obtain and maintain Fedarel Flood
<br />Insur9nC@, if available, for the full unpaid prlnClpal balance Df the loan and any prior liens an the property securing the loan, up tp the
<br />maximum policy limits set under the National Flood Insurance Program, or as athorwlsv requlrad by Lender, and to maintain such
<br />insurance Oar the term pf the Ipen.
<br />Applicetldn of Pmeaeda, Truster shalt promvtly notify Lentlar pf shy loan pr damage to the Property. Lender may make proof oT loss
<br />if Trustor fails tp da sp within fifteen (151 days tlf the Casualty. Whether or not Landar's security is impaired, Lander may, at Lender's
<br />BI8Ct10 n, reC01Ve and retain the p/OCaetla of any inalrranae end apply the pfdCB6da TD She /ed4CTlpn of the IndebtednBSe, payment of
<br />any Ilan affacting the Property, or the reatoretlon and repair of the Prapany. If Lender elects itl apply the proceeds to restoration and
<br />repair, Trustor shall repair or replace the damaged ar destroyed ImprpvameMs in a manner satisfactory to Lender. Lander shall, upon
<br />setisfBGtpry proof of Such axganditure, pay Dr raimbur8e Trustor from the profleds far the reasonable Cost of repair or reatdratien If
<br />Trustor is not in detaun under Shia peed of Trust, Any proceeds which have not been disbursed within 180 days after their rereipt
<br />env which Lender has not cammimd to the repair or restoration of the Property shall 6d used first tC pay shy amdunt owing to Lender
<br />under this Dead of Trust, than to pay.accruad interest, and thr remainder, i} any, shall ba applied to the principal 6alanca of the
<br />Indabtadnaas. If Lender holds any proceeds after payment In full of The Indebtedness, such proceeds shall fie paid to Truatar as
<br />Trusty's Interests may appear.
<br />LENDER'S~EXPENDITUTIES. H TruaTOr tails (A) to ksvp the Property free of all taxes, liens, recurity intrrasta, enaumbrencee, end other
<br />claims, (RI to previda shy required Insurance on the Property, or IC) to make repairs to the Prepeny then Lander may dp aD. If any
<br />action or preeaeding ie enmmanced that would mateY@Ily affect LendCNs interests In the Property, then Lender on Truator's behalf may,
<br />but Is not requlrad to, take any actibh that Lender believes tp be epproprlate tp prpteot Lender's Intaresta. All cxpdnse3 Incurred or poid by
<br />
|