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DEED OF TRUST <br />Loan No: 101234968 (COnttnued) 2 010 U'7 4 3'7 Page 2 <br />�uty to Maintain. Trustor shall maintain the Property in �Opd condition and promptly perform all repairs, replacements, and <br />maintenance necessary to preserve its value. <br />Hazardous Suhstances. Trustor represents and warrants that the Property never has been, and never will be so long as this Deed of <br />Trust remains a lien on the Property, used for the generation, manufacture, storage, treatment, disposal, release or thrsatened release <br />of any Hazardvus Substance in violation of any Environmental Laws. Trustor authorizes Lender end its agents to enter upon the <br />Property to make such inspections and tests as Lender may deem appropriate to determine compliance of the Property with this <br />section of the Deed of Trust. Trustor hereby (1) releasas and waives any future claims against Lender for indemnity or contribution <br />in the event Trustor becomes liable for cleanup or other costs under any such laws, and (2) agrees to indemnify, defand, and hold <br />harmless Lender against any and all claims and losses resulting from a breach of this paragraph of the Deed of Trust. This obligation <br />to indemnify and defend shall survive the payment of the Indebtedness and the satisfaction of this Deed of Trust. <br />DUE ON SALE - CONSENT BY LENDER. l.ender 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 Lender'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 Real Property or any right, title or interest in the Real Property; whether legal, <br />beneficial or equitable; whether voluntary or involuntary; whether by outright sale, desd, ins#allment sale contract, land contract, contract <br />for deed, leasehold interest with a term greater than three (3) years, lease-option contract, or by sale, assignment, or transfer of any <br />beneficial interest in or to any land trust hplding title to the Real Property, or 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 taxes and liens on the Property are part of this �eed of Trust: <br />Paymant. 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 on accaunt of the Property, and shall pay when due all claims fpr work done <br />on or for services rendered or material furnished to the Property. Trustor 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, except for the <br />Existing Indebtedness referrad to below, and except as otherwise provided in this Deed of Trust. <br />PRpPERTY DAMAGE INSURANCE. The following provisions relating ta insuring the Property are a part of this Deed of Trust. <br />Maintenance of Insurance. Trustor shall procure and maintein 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 Fieal Property in an amount sufficient <br />to avoid application of any cainsurance clause, and with a standard mortgagae clause in favor af Lender, together with such other <br />hazard and liability insurance as Lender may reasonably require. 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 Lender. Trustor, upon request of <br />Lender, will deliver ta I�ender frpm time kp time the policies or certificates of insurance in form satisfactory to Lender, including <br />stipulations that coveragas will not 6e cancelled or diminished without at least ten (10) days prior written notice to L.ender. Esch <br />insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be impeired in any way by any <br />act, omission or default of Trustor or any other persan. Should the Real Property be located in sn araa designated by the Director of <br />the Federal Emergency Managament Agency as a special flood hazard area, Trustor agraes to obtain and maintain Federal Flood <br />Insurance, if av�ilable, for the maximum amount of Trustor's credit line and the full unpaid principal balance of any prior liens on the <br />property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required <br />by Lender, and to maintain such insurance for the term of the loan. <br />LENDER'S EXPENb17URES. If Trustor fails �A) to keep the Property free of all taxes, liens, security interests, encumbrances, and ather <br />claims, (B) tn provide any required insurance on the Property, (C) to make repairs to the Property or to comply with any obligation to <br />maintain Existing Indebtedness in good standing as required belpw, then Lender may do so. If any action or procesding is commenced that <br />would materially affect Lender's interests in the Property, then Lender on Trustor's behalf may, but is not required to, take any action that <br />Lender believes to be appropriate ta protect Lender's interests. All expenses incurred or paid by Lender for such purposes will then baar <br />interest at the rate charged under the Credit Agreement from the date incurrad or paid 6y Lender to the date of repayment by Trustor. All <br />such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; (B) 6e added to the <br />6alance of the Credit Agreement and be apportianed among and 6e payable with any installment payments to become due during either (1) <br />the te�m of any applicable insurance pnlicy; or (2) the remaining term.. of the Credit Agreement; or -1G -be treated as a balloon payment <br />which wiit be due and payable at the Credit Agreement's maturity. <br />WARRANTY; DEFENSE OF TITLE. The follnwing provisions relating to ownership of the Property are a part of this Deed of Trust: <br />Title. Trustor warrants that: (a) �rustor holds good and marketable title of record to the Proparty in fee simple, free and clear of all <br />liens and encumbrances 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 opinian issued in favor of, and accepted by, Lender in connection with this Deed of <br />Trust, and (b) Trustor has the full right, power, and authority to execute and deliver this Deed of Trust to Lender. <br />Defense of Title. Subject to the exceptinn in the paragraph above, Trustor warrants and will forever defend the title to the Property <br />against the lawful claims of all persons. <br />EXISTING INDEBTEDNESS. 7ha following provisions concerning Existing Indebtedness are a part of this Deed of Trust: <br />Existing Lien. The lien of this Deed of Trust securing the Indebtedness may be secpndary and inferior to an existing lien. Trustor <br />expressly covenants and agrees to pay, or see to the payment of, the Existing Indebtedness and to prevent any default on such <br />indebtedness, any default under the instruments evidencing such indebtedness, or any default under any security documents for such <br />indebtedness. <br />EVENTS OF DEFAULT. Trustor will be in default under this Deed of Trust if any of the following happen: (A) Trustor commits fraud or <br />makes a material misrepresentation at any time in connection with the Credit Agreement. This can include, for example, a false statement <br />about Trustor's income, assets, liabilities, or any nther aspects of Trustor's financial condition. (B) Trustor does not meet the repayment <br />terms of the Credit Agresment. �C) Trustor's action or inaction adversely affects the collateral or Lender's rights in the collateral. This <br />can include, for example, failure to maintain required insurance, waste or destructive use of the dwelling, failure to pay taxes, death of all <br />