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2oioo775s <br />DEED OF TRUST <br />Loan No: 808314 (Continued) page 2 <br />Removal of Improvements. 7rustar shall not demolish or remove any Improvements from the Real Property without Lender's prior <br />written consent. As a condition to #he remnval of any Improvements, Lender may require Trustor to make arrangements satisfactory <br />to Lender to raplace such Improvements with Improvements of at least equai value. <br />Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at ell reasonable times to <br />attend to l.ender's interests and to inspect the Real Property for purposes of Trustor's compliance with the terms and conditians of <br />this Deed 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 applicabls to the use or occupancy of the Property. Trustor may contest in gvvd <br />faith any such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as <br />7rustor has notified Lender in writing prior to doing so and so long as, in Lender's sole opinion, Lender's interests in the Property are <br />not jeopardized. Lender may require Trustor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect <br />Lander's interest. <br />Duty to Protect. Trustor agrees neithe� to abandon or leave unattended the Property. Trustor shall dv all ather acts, in addition to <br />those acts set forth above in this section, which from the character and usa of the Property are reasonably necessary to protect and <br />preserva the Property. <br />DUE ON SALE - CONSENl" 8Y LENDER. Lender may, at Lendar's option, declare immedietsly 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 I'roperty, or any interest in the <br />Real Proparty. A"sale or transfer" means tha conveyance of Real Praperty or any right, title or interest in the Real Property; whether legal, <br />beneficial or equita6le; whether voluntery or involuntary; whether by nutright sale, deed, installment sale contract, land contract, contrect <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 ta any land trust holding title to the Real Property, or by any other method of conveyence of an interest in the Real <br />Property. However, this pption shall not be exercised 6y Lender if such exarcise 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. Trustor shall pay when due (and in all gvents prior to delinquancy) all taxes, special taxes, assessments, charges (including <br />water and sewerl, fines and impositions levied against or on account vf tha 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 Praperty free of all liens having priority <br />over or equal to the interest of Lender under this Deed of ?rust, except for the lien of taxes and assessments not due and except as <br />otherwisa provided in this Deed vf Trust. <br />Right to Cantest. Trustor may withhold payment of any tax, assessment, ar claim in connection with a good faith dispute over tha <br />obliga#ipn to pay, so Iong as Lander's interest in the Property is not jeoperdized. If a lien arisas 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 fiftsen (15) days after Trustor hes notice of the <br />tiling, secure the discharge of the lien, or if requested by Lender, deposit with Lender cash or a sufficient oorporate 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 contsst, Trustor shall defend itself and Lender and shall <br />satisfy any adverse judgment before enforcement against the Property. Trustor shall name Lender as an sdditional obligee under any <br />surety bond furnished in the contest proceedings. <br />Evidence of Payment. trustor shall upon demand furnish to Lender satisfactory evidence vf 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 />Nptice of Construction. Trustor shall nvtify Lender at lesst fifteen (15) days before any work is commenced, any services are <br />turniabed, Qr_any msterials are supplied ta the Property, if any mechanic's lien, materialmen's lien, or other lien could be asserted an <br />account af the work, services, or materials. Trustor will upon request of Lender furnish to Lender advance assurances satisfactnry to <br />Lender that Trustor can and will pay the cost of such improvements. <br />PROPERtY DAMAGE INSURANCE. The following pravisions relating to insuring ths Property are a part of this Deed af ?rust. <br />Maintenance of Insurance. Trustor shall procure and maintain policies of fire insurance with standard extended coverage <br />endorsements on a replacement 6asis for the fult insurable value covering all Improvements an the Real Property in an amount <br />sufficient to auoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender, together with such <br />nther hazard and lia6ility 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 accepta6le to Lender. Trustor, upon request of <br />Lender, will deliver to Lender from time to time the policies or certificetes of insurance in form satisfactory to Lender, including <br />stipulations that covereges will not be cancelled or diminished without at least ten (10) days prior written notice to Lender. �ach <br />insurance policy also shall include an endorsement providing that coverage in favor of L.ender will not be impaired in any way by any <br />act, omission or default of Trustor or any othar person. Should the Real Property be located in an area designated by the Director of <br />the Federal Emergency Management Agency as a special flood hazard area, ?rustor agrees to obtain and maintain Federal Flood <br />Insurance, if availa6le, for the full unpaid principal balance of the Ioan and any prior liens on the praperty securing the loan, up to the <br />maximum policy limits set under the National Flvod Insurance Program, or as otherwisa required by Lender, and to maintain such <br />insuranca for the term of the loan. <br />Application of Proceeds. Trustor shall promptly notify Lender of any loss or damaga 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 nnt Lender's security is impaired, Lender may, at Lender's <br />election, receive and retain the proceeds of any insurance and apply the proceads 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 tn apply thp proceeds to restoration and <br />repair, Trustor shall repair or replace tha damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon <br />satisfactory proof of such expenditure, pay or reimburse Trustor from the proceeds for the reasonable cost of repair or restoration if <br />Trustor is not in default under this beed 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 ta 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 Trustor es <br />Trustor's interests may appear. <br />LENDER'S EXPENDITURES. If Trustor fails (A) to keep the Property free of all taxes, liens, security interests, encumbrances, and othar <br />claims, (B) to prpvide any required insurance on the Property, or (C) to mske repairs to the Property then Lender may do so. It any <br />actipn or proceeding is commenced that would materially affect Lender's interests in the Property, then Lender on Trustor's behalf may, <br />but is nqt required to, take any action that Lender believes to be apprapriate to protect Lender's interests. All expenses incurred or paid by <br />Lender for such purposes will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of <br />repayment by Trustor. Ail such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; <br />(6) be added to the balance of the Note and be apportioned among and be peyable with any installment payments to become due during <br />either (1) the term of any applicable insurance policy; or (2) the remaining term af the Note; or (C) be treated as a balloon payment <br />which will be due and payable at the Note's maturity. The Deed of Trust also will secure payment of these amounts. The rights provided <br />for in this paragraph shall be in addition to any other rights or any remedies to which Lender may be entitled on account ot any default. <br />Any such actian by Lender shall not be construed as curing the default so as to bar Lender from any remedy that it otherwise would have <br />had. <br />WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property ere a part of this Deed of Trust: <br />Title. Trustor warrants thst: (a) Trustor holds good and marketabie title of record to the Praperty in fee simple, free and clear of all <br />liens and encumbrances ather than those set forth in the Real Property descriptian or in any title insurance policy, title report, or finel <br />title opinion issued in favor of, and accepted by, Lender in connection with this Deed of Trust, and (b) Trustor has the full right, <br />power, and authority to execute and de�iver this Peed of Trust to Lender. <br />Defense of Title. 5ubjec# to the exceptian in the paragraph above, Trustor warrants and will forever defend the title to the Prnperty <br />against the lawful claims of all persons. In the event any action ar proceeding is commenced that questions ?rustor's title or the <br />