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DE�D OF TRUST <br />(Contirlued) 2 010 0 7 4 S G Page 2 <br />Nuisance, Waste. Trustor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on <br />or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Trustor will not remove, or grant to <br />any other party the right to remove, any timber, minerals (including oil and gas1, coal, clay, scaria, spil, gravel vr rpck products <br />without Lender's prior written consent. , <br />Ramoval of Improvements. Trustor shall not demolish or remove any Improvements from the Real Property without Lender's prior <br />written consent. As a conditipn to the removal of any Imprbvements, Lender may require 7rustor to meke arrengements satisfactory <br />to Lender to replace such Improvements with Improvements of at laast equal value. <br />I.ender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to <br />attend tv Lender's interes#s and to inspect the Real Property for purposes of Trustor's compliance with the terms and conditions of <br />this Desd 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 Property, including without limitation, the <br />Americans With Disabilities Act. Trustor may contest in good faith any such law, ordinance, qr regulstion and withhold compliance <br />during any proceeding, including appropriate appeals, so long as Trustor has notlfied Lender in writing prior to daing so and so long as, <br />in Lender's sale apinion, Lender's interests in the Property are not jeopardized. Lender may require Trustar to past adequate security <br />or a surety bond, reasonably satisfactory to Lender, to protect Lender's interest. <br />Duty to Protect. Trustor agrees neither to a6andon or leave unattended 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 ihe Property are reasonably necessary to protect and <br />preserve the Property. <br />DUE ON SALE - CONSENT BY LENDER. l.ender may; at Lender's option, declare immediately due and payahle 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 />heneficial or equitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land enntract, cantract <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 holding title to the Real Property, or py any othar methpd of convayance of an interest in the Real <br />Prnperty. However, this option shall not be exercised by Lender if such exercise is prnhibited by federal law or by Nebraska law. <br />TAXES AND LIENS. The fallowing provisions relating to the taxes and liens on the Property are part of this Deed of Trust: <br />Payment. Trustor shall pay when due (and in all events prior ta delinqusncy) all taxes, special taxes, assessments, charges �including <br />water and sewerl, fines and impositions leviad against or on account of the Propeny, and shall pay when due all claims for 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 equsl 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 Deed of Trust. <br />Right tn Contest. Trustor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the <br />nbligation to pay, so long as Lender's interest in the Property is not jeopardized. If a lien arises or is filed as a result of nonpayment, <br />Trustor shall within fitteen (15) days after tha lien arises or, if a lien is filed, within tifteen (15) days after Trustor has notice of the <br />tiling, secure the discharge of the lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or <br />ather 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 shatl <br />satisfy any adverse judgment before enforcement against the Property. Trustar shall name Lender as an additional obligee under any <br />surety 6ond furnished in the contest proceedings. <br />Evidence of Payment. Trustor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes ar 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. Trustar shall notify Lender at least fifteen (15► days before any work is commenced, any services are <br />furnished, or any materials are supplied to the Property, if any mechanic's lien, materislmen's lien, or pther lien could 6e asserted on <br />account of the work, services, or materials. Trustor will upan request of Lender furnish to Lender advance assurances satisfactory to <br />Lender that Trustor can and will pay the cost of suah improvements. <br />PRpPERTY DAMAGE INSURAIYCE. The following provisions relating to insuring tha Property sre a part of this Deed of Trust. <br />Maintenance of Insurance. Trustor shall procure and maintain policies of fire inaurance 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 with a standard mortgagee clause in favor of Lender. Trustor shall also <br />procure and maintain camprehensive general liability insurance in such coverage amounts as Lender may request with 7rustee and <br />Lender being named as additional insureds in such liability insurance pplicies. Additionally, Trustor shall maintain such other <br />insurance, including but not limited to hazard, business interruption, and boiler insurance, as Lender may reasonably require. Policies <br />shall be written in form, amounts, coveragas and basis reasonably acceptable to Lender and issued by a company or companies <br />reasonably acceptable to Lender. Trustar, upon request of Lender, will deliver to Lender from time to time the policies or certificates <br />of insurance in form satisfactory to Lender, including stipulations that coverages will not be cancelled or diminished without at least <br />thirty (30) days prior written notice to Lender. Each insurance policy also shall include an endorsement providing that coverage in <br />favor of Lender will not 6e impaired in any way by any act, omission or default of Trustor or any other persnn. Should the fieal <br />Property be located in an area designated by the Director of the Fedsral Emergency Management Agency as a special flood hazard <br />area, Trustnr agrees to obtain and maintain Federal Flood Insurance, if available, within 45 days after notice is given 6y Lender that <br />the Property is located in a special flood hazard area, fnr the full unpaid principal balance of the loan and any prior liens on the <br />property securing the loan, up to tha 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 />Application of Proceeds. Trustor shall promptly natify Lender of any loss or damage to the Property. Lender may make proof of loss <br />if Trustor fails to do so within fifteen (15) days of the casualty. Whether or not 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, paymant af <br />any lien affecting the Property, or the restoration and repair ot the Property. If Lender elects to apply the proceeds to restoration and <br />repair, Trustor shall repair or replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon <br />satisfactory proof of such expenditure, pay or reimburse Trustor from #he proceeds for the reasoneble cost of repair or restoration if <br />Trustor is not in default under this Deed of Trust. Any proceeds which have npt been disbursed within 180 days after their receipt <br />and which Lender has not committed to the repair or restoration of the Property shall be used first to pay any amount owing to Lender <br />under this Oeed 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 efter payment in full of the Indebtedness, such proceeds shall be paid to Trustor as <br />Trustor's interests may appear. <br />Trustar's Report an Insurence. Upon request of Lender, however not mora than once a year, Trustor shall furnish to Lender a report <br />on each existing policy of insurance showing: (1) the name of the insurer; (2) the risks insured; (3) the amount of the policy; (4) <br />the propsrty insured, the then current replacement value of such property, and the manner of determining that value; and (5) the <br />expiretion date of the policy. Trustor shalt, upon request of Lender, have an independent appraiser satisfactory to Lender determine <br />the cash value replacement cost of the Praperty. <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 comply with any provision of this Deed of Trust ar any Related Documents, including hut 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 ar any Related Documents, Lender <br />on Trustor's behalf may (but shall not be obligated to) take any action that Lender deems appropriate, including but not limited to <br />discharging or paying all taxes, liens, security interests, encumhrances and other claims, at any time levied or placed on the Properry and <br />paying all costs for insuring, maintaining and preserving ths Property. All such expenditures incurred or paid by Lender for such purposes <br />will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Trustor. All <br />� �W <br />