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�0100��1G <br />DEED O�' TRUST <br />Loan No: 4120531 (COrltlnued) Page 2 <br />Removal of Improvements. Trustor shall nat demodish or remove any Improvements from the Raai Praparty without Lender's prior <br />written consent. As a condition to the removal of any Improvements, Lender may require 7rustor to maka arrangements satisfactory <br />to Lender to replace such Improvements with lmprovements of at least equal value. ��� <br />Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Proparty at all reasonable times to <br />attend to Lender's interests and to inspect the Real Property for purpases of Trustor's compliance with the terms and conditions of <br />this Deed of 7rust. <br />Compliance with Gavernmental Requirements. Trustor shall promptly camply with all laws, ordinances, and reguiations, now or <br />hereafter in effect, nf all governmental authorities applicable ta the use or occupancy of the Property. Trustar may contest in good <br />faith any such lew, ordinance, or regulation and withhold compliance during any proceeding, including apprapriete appeels, so long as <br />Trustor has notified Lender in writing priar to doing so and so long as, in Lender's sole opinion, Lendar's interests in the Property are <br />not jeopardized. Lender may require 7rustor to post adequate security or a suraty bond, reasonably satisfactory to Lender, to protect <br />Lender's interest. <br />Duty to Protect. Trustor agrees neither ta abandon or leave unattended the f'roperty. 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 the Property are reasonably necessary to protact snd <br />preserve the Property. <br />DUE ON SAL.E - CQNSENT eY LENDER. Lender may, at Lender"s option, declare immediately due and payable alt sums secured by this <br />Deed of Trust upon the sale or transfer, without Lendar's prior written consent, of alt or any part of tha Real Prpparty, or any interest in the <br />Reai Property. A"sale or transfsr" 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, deed, installment sale contract, land contract, cpntract <br />for deed, laasehold 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 ta 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 />TAX�S AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Deed of Trust: <br />Payment. 7rustor shall pay when due (and in all events prior to delinquency) all texes, special taxes, assessments, charges (including <br />water and sewer�, fines and impositions levied against or on account of the Property, 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 equal to the inTerest of Lander under this Deed of Trust, except for the lien of taxes and assessments not due, except for the <br />Existing Indebtedness referred to below, and except as atherwise provided in this Deed of Trust. <br />Right to Contest. Trustor may withhold payment of any tax, assessment, or claim in connectinn with a good faith dispute over the <br />obligation to pay, so Iong as Lender's interest in the Property is not jeopardiied. If a lien arises or is filed as a result of nonpayment, <br />Trustor shall within fifteen (15) days after the lien arises or, if a lien is filed, within fifteen (15) days after Trustor has nafice pf the <br />filing, secure the discharge of the lien, or if requested 6y Lender, deposit with Lender cash or a sufficient corporete surety bond or <br />other security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and ettorneys' fees, or other charges <br />that could accrue as a rasult of a foreclosure or sale under tha lien. In any con#est, Trustor shall defend itself and Lender and shall <br />satisfy any edverse judgment before enforcement against the Property. Trustor shall name Lender as an additional obligee under any <br />surety band furnished in the contest proceedings. <br />Evidence of payment. 7rustor shall upon demand furnish to Lendar sa#isfactory evidence of payment of the taxes or assessments and <br />shall authorize the appropriate governmental official to deliver #v Lender at any time a written statement of the taxes and assessments <br />against the Property. <br />Nvtice of Constructian. Trustor 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 eny mechanic's lien, materialmen's lien, or other lien epuld be asserted on <br />account of the work, services, or materials. 7rustor will upon request of Lender furnish to Lender advance assurances satisfactory to <br />Lender that Trustor can and will pay the cost of such improvements. <br />PROPERTY DAMAG� INSURANCE. The following provisions relating to insuring the Property are a part of this Deed of Trust. <br />Maintensnce of Insurance. Trustor shall prncure and maintain policies of fire insurance with standard extended coverage <br />endorsements on a replacement basis fvr the full insurable value covering all Improvements an ths Real Property in an amount <br />sufficient to avoid application of eny coinsurance clause, and with a standard mortgagee clause in favor of Lender, together with such <br />other hezsrd end lia6ility insurance as Lender may reasona6ly require. Policies shall be written in form, amounts, coverages and basis <br />reasonably acceptable to Lender and issued by a compeny or companies reasonably acceptable to Lender. Trustor, upon request of <br />Lender, will deliver to Lender fram time to time the policies or certificates of insurance in form satisfactory to Lender, including <br />stipulations that coverages will not be cancelled or diminished without at least ten (10) days prior written notice tn Lander. Each <br />insurance policy also shall include an endorsement providing that coverage in favor ot Lender will not be impaired in any way by any <br />act, omission or default of Trustnr or any other person. Should the Real Property be located in an area designated by the Director of <br />the Federal Emergency Managemen[ Agency as a special flood hazard area, Trustor agrees to obtain and meintain Federal Flood <br />Insurance, if available, within 45 days after notice is given by Lender that the Property is located in a speci�l flnod hazard area, for the <br />full unpaid principal balance of the loan and any prior liens on the property securing the loan, up to the maximum policy limits set <br />under the National Flaod Insurance Program, or as otherwise required by Lender, and co maintain such insurance for the term of the <br />loan. <br />Applicatian of Procaeds. Trustor shall promptly noCify Lender of any loss or damage to the Property: Lender may maka proof pf loss <br />if 7ruator fails to dn so within fifteen (15) days of the casualty. Whether or not Lender's security is impaired, Lender may, at Lender's <br />elsctian, receive and retain the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness, payment of <br />any lien afifecting the Property, or the restoratian and repair of the Property. If Lender elects to apply the proceeds to restorstinn and <br />repair, Trustor shall repair or replace the demaged or destroyed Improvements in a menner setisfactory to Lender. Lender shall, upon <br />satisfactory proof of such expenditure, pay or reimburse 7rustor from the proceeds for the reasonable cost of repair or restoration if <br />7rustor is not in defeult under this Deed of Trust. Any proceeds which have not 6een 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 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 praceeds after payment in full of the Inde6tedness, such proceeds shall be paid to Trustor as <br />7rustor's interests may appear. <br />Compliance with �xieting Inde6tedness. During the period in which any Existing Indebtedness described below is in effect, compliance <br />with the insurence provisions cnnteined in the instrument evidencing such Existing Indebtednass shall constitwte compliance with the <br />insurance provisions under this Deed of Trust, to the extent compliance with the terms af this Deed of Trust would constitute a <br />duplication of insurence raquirement. If any proceeds from tha insurence hecome paya6le on lass, 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 Indebtednass. <br />LENDER'S �XP�NDI7URE5. If Trustor fails (A) to keep the Property free of all taxes, liens, security interests, encumbrances, and other <br />claims, (�) to provide any required insurance on the Property, (C) to make repairs to the Property or to comply with any obligation ta <br />maintain Existing Indebtedness in good standing as required below, then Lender may do so. If any action or prpceeding is commenced that <br />would materially affect Lender's interests in the Property, then Lender on Trustor's bahalf may, but is not required to, take any action that <br />Lender believas to be appropriate to protect Lender's interests. All expenses incurred or paid 6y 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) ba added to the balance of <br />the Note and be apportioned among and 6e payable with any installment payments to became due during either (1 � the term of any <br />applicable insuranca policy; or (2► the remaining term of the Note; or (C) 6e treated'as e belloon payment which will be due and payable <br />at the No#e's meturity. The Deed of Trust also will secure payment of these amounts. The rights provided for in this paragraph shall be in <br />additipn ,to eny other rights or any remedies tv which Lender may be entitled on account of any default. Any such actian by Lender shall. <br />not be .construed as curing the default so as to 6ar Lender from any remedy that it otherwise would have had. <br />WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Deed of Trust: <br />