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D�ED OF TRUST 2 Q 1Q Q'� "7 $� <br />(Can#inued) Page 3 <br />Trustor. Hvwever, this option shall nof be exercised by Lender if such exercise is prohibited by federal law or by Nebraska law. <br />TAXES ANL� 11EN5. The following prvvisions relating to the taxes and liens on the Property are part of this Deed pf Trust: <br />Payment. Trustar shall pay when due (and in all events prior to delinquency) all taxas, special taxes, assessments, charges (including <br />water and sewer�, fines and impositians levied against or on account af the Property, and shall pay when due all claims for work done <br />an or for services rendered or material furnished to the Property. Trustar shall maintain the Proparty free of all liens heving priority <br />nver or equal to the interest of l.ender under this Deed of Trust, except for the lien of taxes and assessments not dus and except as <br />�therwise provided in this Deed of Trust. <br />Right to Contes#. Trustor may withhold payment of any tax, assessment, or claim in connection with a gopd faith dispute over the <br />obligation to pay, so Iong 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 fifteen (15) days after the lien arises or, if a lien is filed, within fifteen (15) days alter Trustor has notice of the <br />filing, secure the discharge of the lien, or if requssted by Lender, deposit with Lender cash or a sufficisnt corporate surety bond pr <br />other security satisfactory to Lender in an amount sutficient to discharge the lien plus any costs and attorneys' fees, or other charges <br />tMat could acerue as a result of a foreclosure or sale under the lien. tn any contest, Trustor shall defend itself and Lender and shall <br />satisfy any adverse judgment befare enforcement against the Property. Trustor shall name Lender as an additianal obligee under any <br />surety bond furnished in the contest proceedings. <br />Evidence af Peyment. Trustor shall upon demand turnish to Lender satisfactory evidence af payment of the taxes or assessments and <br />shall autharize the appropriate governmental official tn deliver to Lender at any time a writtsn statement of the texes and assessments <br />against the Property. <br />Notice of Construction. Trustor shall nptify Lender at least fifteen (15) days befpre 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 pther lien could be asserted on <br />account of the wnrk, services, or materials. Trustor will upon request of Lender furnish to Lender advance assurances satisfactory ta <br />Lender that Trustor can and will pay the cost af such improvements. <br />PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Prpperty are a part of this Deed of 7rust. <br />Maintenance of Insuranca. Trustor shall procure and maintain policies of fire insurance with standard extended ooverage <br />endorsements on a fair value basis tor the full insurahle value cpvering all Improvements on the Real Prpperty in an amount sufficient <br />to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor ofi Lendsr. Trustor shall also procure <br />and meintain comprehensive ganeral liability insurance in such coverage amounts as Lender may request with Trustee and Lender <br />being named as additional insureds in such liability insurence policies. Additionally, Trustor shall maintain such other insurance, <br />including but not limited to hazard, business interruption, and boiler 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 Lender. Trustor, upon request oi Lender, will deliver to Lender from time to time the policies or certiticates af insurance <br />in form satisfactary to Lender, including stipulations that coverages will not 6e cancelled ar diminished without at least thirty (30) <br />days pripr written notice to Lender. Each insurance policy also shall include an endorsement providing that coverage in favpr of <br />Lender will not be impaired in any way by any act, omission or default of Trustor or any oChsr person. Should the Real Property be <br />located in an erea designated by the Director of the Federal Emergency Management Agency as a special flood hazard area, 7rustor <br />agrees to obtain and maintain Federal Flood Insurance, if available, within 45 days after notice is given by Lender that the Property is <br />located in a special .flood hazard area, for the full unpaid principal balance of the laan and any prior liens on the property securing the <br />loan, up to the maximum policy limits set under the Natipnal Fload Insurance Program, or as otherwise required by Lender, and to <br />maintain such insurance for the term of the loan. <br />Appliaation of Proceeds. Trustor shall promptly notify Lender of any loss or damage tn the Property. Lender may maka propf pf loss <br />if Trustar fails to do so within fiiteen 115) days of the casualty. Whether or not Lender's security is impaired, Lendar 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, 7rustor 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 the proceeds for the reasonable cost of repair or restoratian if <br />Trustor is nnt in default under this f7eed of Trust. Any proceeds which have not been dishursed within 180 days after their recaipt <br />and which Lender has not committed tp tha repair or restoration of the Property shall be used first to pay any amount owing to Lender <br />under this Deed nf Trust, then to pay aceruad interest, and the remainder, if any, shall be applied to the principal balance of ths <br />Indebtadness. If Lender holds any proceeds after payment in full of the Indebtedness, such proceeds shall be paid to Trustor as <br />Trustor's interes#s may appear. <br />1'rustor's Report on Insurance. Uppn request of Lender, however not mvre than once a year, Trustor shall fumish ta 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 property insured, the then currant replacement value of such property, and the manner of determining that value; and (5) the <br />expiration date of the policy. Trustor shell, upon request of Lender, have an independent appraiser satisfactory to Lender determine <br />the cash value replacement cost of the Property. <br />I.END�R'S EXPENDITUR�S. If any action or proceeding is commenced that would materially affect Lender's interest in the Property or if <br />7rustor fails tv comply with any provision of this Deed of Trust or any Relatad Documents, including but not limited to Trustar's failure to <br />discharge or pay when due any amounts Trustor is required to discharge or pay under this Deed of Trust or any Related Documents, Lender <br />on Trustor's behalf may (but shall not be obligated to► take any action that Lendar deems appropriate, including but not limited to <br />discharging nr paying all taxes, liens, security interests, encumbrancas and other claims, at any time levied or placed on the Property and <br />paying all costs for insuring, maintaining and preserving the 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 rapayment by Trustor. All <br />such expanses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; (B) be added to the <br />balance of the Note and be apportipned among and be payable with any installment payments to become due during either (11 the term of <br />any applicable insurance policy; or (2) the remaining term of the Note; or (C) be treated as a balloon payment which will be due and <br />payabla at the Note's maturity. The Deed of Trust also will secure payment of thase amounts. Such right shall be in addi[ion to all othar <br />