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DEED QF TRUST 2 Q 1(~ ~ s s 4 0 <br />'~ Loan No: 101234035 (Continued) Page 3 <br />beneficial interest in or to any land trust holding title to the Real Property, or by any other method of conveyance of an interest in the Real <br />Property. However, this option shall opt 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 taxes and liens on the Property are part of this Deed of Trust: <br />Payment. Truster shall pay when dus land in all events prior to delinquency) all taxes, special taxes, assessments, charges (including <br />water and sewerl, fines and impositions levied against or on account of the Property, and shall pay when dus all claims for work done <br />on or for services rendered or material furnished to the Property. Truster shall maintain the Property free of all liens having priority <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 Dasd of Trust. <br />Right to Contest. Trustor may withhold 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 the Property is not jeopardized. If a lien arises or is filed as a result pf nonpayment, <br />Trustor shall within fifteen 115) days after the lien arises or, if a lien is filed, within fifteen (151 days after Trustor has notice of the <br />filing, secure the discharge of the lien, 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' fees, 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 and shall <br />satisfy any adverse judgment before enforcement against the Property. Trustor shall name Lender as an additional obliges under any <br />surety bond furnished in the contest proceedings. <br />Evidence pf 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 />against the Property. <br />Notice of Construction. Trustor shall notify Lender at least fifteen 1151 days before any work is commenced, any services are <br />furnished, or any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or other lien nould ba asserted on <br />acnaunt of the work, services, or materials. Trustor will upon request of Lender furnish to Lender advance assurances satisfactory to <br />Lender that Trustgr can and will pay the cost of such improvements. <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 sutticient <br />to avoid application of any coinsurance nlause, and with a standard mortgagee nlause 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 bailer 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 Lander. 7rustar, upon request of Lander, will deliver to Lender from time to time the policies or certifipatas of insurance <br />in form satisfactory to Lender, including stipulations that coverages will not be cancelled or diminished without at least ten (1O) 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 ether perapn. Should the Real Property be located in an <br />area designated by the Director of the Federal Emergency Management Agency as a spaniel flood hazard area, Trustor agrees to <br />obtain and maintain Federal Flood Insurance, if available, within 45 days after notice is given by Lander that the Property is located in <br />a special flppd hazard area, far the full unpaid principal balance of the loan and any prior liens on the property securing the loan, up to <br />the maximum policy limits set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such <br />insurance for the term of the loan. <br />Application of Proceeds. Trustor shall promptly notify Lender of any Ipss ar damage to the Property. Lender may make proof of loss <br />if Trustor fails to do so within fifteen 115) days of the casualty. Whether pr opt Lender's security is impaired, 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 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 ar replace the damaged or destrpysd Improvements in a manner satisfactory to Lender. Lender shall, upon <br />satisfactory proof of such expenditure, pay or reimburse Trustor from the prgcesds for the reasonable cost of repair or restoration if <br />Trustor is opt in default under this peed 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 ar restoration of the Property shall be used first 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 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 any Existing Indebtedness described below is in effect, compliance <br />with the insurance provisions contained in the instrument evidencing such Existing Indebtedness shall constitute compliance with the <br />insurance provisions under this Desd at Trust, to the extent compliance with the terms of this Daed of Trust would constitute a <br />duplication of insurance requirement. If any proceeds from the insurance become payable on loss, the provisions in this Deed 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 />Trustor's Report nn Insurance. Upon request of Lender, however not more than once a year, Truster shall furnish to Lender a report <br />on each existing policy of insurance showing: l1 j the name of the insurer; 121 the risks insured; 131 the amount of the ppliny; 141 <br />the property insured, the then current replacement value of such property, and the manner of determining that value; and 15- the <br />expiration date of the policy. Trustor 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 or if <br />Trustor fails to npmply with any provision of this Deed of Trust or any Related Documents, including but not limited to Trustor's failure to <br />comply with any obligation to maintain Existing Indebtedness in good standing as required below, or to discharge or pay when due any <br />amounts Trustor is required to discharge or pay under this Deed of Trust or any Related Documents, Lender nn Trustpr's behalf may (but <br />