Laserfiche WebLink
DE�D OF TRUST 2 O 1 O O S s� g <br />Laan No: 101236207 (Continued) Page 3 <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, deed, installment sale contract, land contrect, contract <br />for deed, Isasehold interest with a term greater than three (3) years, lease-option cvntract, or by sale, assignment, or transfer of any <br />6eneficial interest in or to any land truat holding title to the Real Property, or by any qther method of conveyence of an interest in the Real <br />Proper[y. 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 vn the Prqperty are part of this Deed af Trust; <br />Payment. Trustor shall pay whan due (and in all events prior to delinquency) all taxes, special taxes, assessments, charges (including <br />water and sewer►, fines and imppsitions levied against or on accaunt ot the Prpperty, and shall pay when due all claims for work done <br />on or for services rendered or material furnished to the Proparty. Trustor shall maintain the Praperty free of all liens having priarity <br />over or equal to the interest of Lender under this Deed pf Trust, except for the lien of taxes and assessments not due and except as <br />otherwise provided in this Deed of T'rust. <br />Right to Contest. Trustor may withhold payment of any tax, assessment, or claim in connection with a good faith disputa aver the <br />obligation 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 nqnpayment, <br />Trustor shall within fifteen (15) days after the lien arises or, if a lien is filed, within fifteen (15) days after Trustar has notice of the <br />filing, secure the discharge af the lien, or if requested by l.ender, depasit with Lender cash or a sufficient corporate surety bond or <br />other security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and attorneys' fees, or othar charges <br />thet could accrus as a result of a forsclnsure or sale under the lien. In any contest, Trustar shall defend itself and Lender and shall <br />satisfy any adverse judgment before entorcement against the Property. Trustor shall name Lender as an additinnal ohligee under any <br />surety bond furnished in the contest proceedings. <br />Evidence of Payment. Trustnr shall upon demand furniah to Lender setisfactory evidence of payment of the taxes or assessments and <br />shall authorize the appropriate governmental official ta deliver to Lender at any time a written statement of the taxes and assessments <br />against ths Property. <br />Notice of Conatruction. 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 1'raperty, if any mechanic's lien, materialmen's lien, or other lien could be asserted on <br />account af the work, services, ar materials. Trustor will upon request of l.ender furnish to Lender advance assurances satisfectory to <br />Lendar that Trustor can and will pay the cost of such improvements. <br />PROPERTY DAMAGE INSURANCE. The follpwing provisions relating to insuring the Prqperty are a part of this Deed af Trust. <br />Maintenance vf Insurance. Trustor shall prncure and maintain policies of fire insurance with standard extended coverage <br />endorsements on a fair value basis fnr the full insurable value covering all Improvemsnts on the Real Property in an amount sufficient <br />to avoid application of any coinsurance cfause, and with a standard martpagee clause in favor of l.ender. Trustar shall also procure <br />and maintain comprehen5ive general liability insurance in such covarage amounts as Lender may request with Trustee and Lender <br />being named as sdditipnal insureds in such liability insurance 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 l.endar. Trustor, upon request of l.ender, will deliver to Lender from time to time the policies or certificates of insurance <br />in form satisfactory to Lender, including stipuletions that coverages will not be cancelled or diminished without at least ten (10) days <br />prior written natice to Lender. Each insurence policy also shall include an endorsament providing that coverage in favor of Lender will <br />not be impaired in any way by any act, omission or default of Trustar pr any other person. Should the Real Prpperty be located in an <br />area designated by the Director of the Federal Emergency Management Agency as a special flovd hazard area, Trustor agrees to <br />obtain and maintain Federal Flood Insurance, if available, for the full unpaid principal balanqe of the loan and any prior liens on the <br />property securing the Ipan, up to the maximum palicy limits set under the National Flood Insurance Program, or as otherwise required <br />by Lander, and to maintain such insuranca for the term of the loan. <br />Application of Proceeds. Trustor shall promptly notify Lender of any loss or damage to ths Property. Lender may make proof of lass <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 ths Indebtedness, payment of <br />any lien affacting the Property, or the rastoration and repair of the Prnperty. If Lender elects to apply the proceeds to restpration and <br />repair, Trustor shall repair or replace the damaged or destroyed Improvements in a manner satisfactory to Lendar. Lender shall, upon <br />satisfactory proof of such expenditure, pay or reimburse 7rustor from the proceeds for the reasanable cost of repair or restoration if <br />Trustor is not in default under this Deed ot Trust. Any proceeds which have not besn disbursed within 180 days after their raceipt <br />and which Lender has nat 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 Truat, then to pay accrued interest, and the remainder, if any, shall be applied to the principal balance of tha <br />Indebtedness. If Lender holds any prviceeds after payment in full of the Indebtedness, such proceeds shall be paid ta Trustor as <br />Trustor's interests may appear. <br />Compliance with Existing Indebtedness. �uring tha period in which any Existing Indebtedness described below is in effact, compliance <br />with the insurance provisions containad in the instrument evidencing such Existing Indebtedness shall constituta compliance with the <br />insurance provisions under this Deed of Trust, to the extent compliance with the terms of this Deed of Trust would constitute a <br />duplication of insurance requirement. If any proceads frnm the insurance become payable vn loss, the provisions in this bead of Trust <br />for division of praceeds shall apply only to that portion of the proceeds nat payable to the holder of the Exiating Indebtedness, <br />Trustor's Report on Insurance. Upon request of Lender, however not mvre than once a year, Trustor ahall furnish to Lender a report <br />on each existing policy of insurance showing: (1) tha name of the insurer; (2) the risks inaured; (3) the amount of the palicy; (4) <br />the property insured, the then current replecement value of such property, and the manner of determining that value; and (5) the <br />expiration date of the policy. Trustor shall, upon requast af Lender, have an independent appraisar satisfactory to Lender determine <br />the cash value replacement cost of the Property. <br />LENDER'S EXP�NDITURES. If any action or proceeding is aommenced that would materially affact Lender's interest in the Proparty vr if <br />7rustor fails to comply with any provision of this �eed of Trust or any Related Documents, including but not limited to Trustor's failure to <br />