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` DEED OF TRUST z o i o u 9 o i i <br />Loan No: 1 0 9 235829 (Contlnu9d) Page 3 <br />than twenty-five percent (25%) of tha voting stack, partnership interests ar limited liability company interests, as the case may be, af such <br />Trustqr. Howsvar, this option shall not be exercised by Lender if such exercise is prohibited by federal law or by Nebraska I�w. <br />7AX�S AND LIENS. 7he following prpvisions relating ta the taxas and liens nn th� Praperty are part of this Deed of Trust: <br />Payment. Trustor shall pay when due (and in all events priar ta delinquency) all texes, special taxes, assessments, charges (including <br />water and sewer►, fines and impositions levied against or on account pf the Property, and shall pay when due all claims for wark dana <br />an or for sarvices rendered or material furnished to the Property. Trustor shali maintain the Property free of all liens having priprity <br />over or equal to the interest of Lender under this Deed of Trust, except for the lien of taxes and assesaments nvt dus end expept as <br />otherwise prnvided in this Deed of Trust. <br />Right to Contest. 7rustor mey withhold payment of eny tax, assessment, or claim in connection with a good faith dispute over the <br />obligation to pay, so lang as Lender's interest in the Property is not jeopardized. If a lien arises or is filed as a result of nvnpaymant, <br />Trustor shall within fifteen (15) days after the lien arises or, if a lien is filed, within fifteen (15) days efter Trustor has notice of the <br />filing, secure the discharge of the lien, or if requested by t�ender, deposit with Lender cash ar a sufficient corporate surety bond or <br />other security satisfactory to Lendar in an emount sufficient to discharge the lien plus any costs and attorneys' fees, or other charges <br />that cou�d acerue as a result of a foreclosure or sale under the lien. In any contest, Trustor shall defend itself and Lender and shall <br />satisfy any adverse judgment before enforcement against the Property. Trustor shall name Lender as an additional obligee under any <br />surety bond furnished in the contest proceedings. <br />Evidence of Payment. 7rustor shall upon demand fumish tn Lender satisfactory evidence of paymef�t of the texes pr essessments and <br />sh�ll authorize the apprnpriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments <br />against the Property. <br />Nvtica vf Constructipn. Trustor shall notify Lender at least fifteen (15) days before any work is commencad, any services are <br />furnished, or any materials are supplied to the Property, if any mechanic's lien, matarialmen's lien, or other lien could be asserted on <br />account of the wark, services, or materials, Trustor will upnn request nf Lender furnish to Lender advance assurances satisfactory to <br />Lender that Trustar can and will pay the cost nf such improvements. <br />PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Deed af Trust. <br />Maintenance of Insurance. Trustor shall procure and maintain policies of fire insurance with standard extended caverege <br />endarsements on a fair value basis for the full insurable value covering all Improvements on the Real Prqperty in en amount sufficient <br />to avoid application of any coinsurance clause, and with a standard mortgagee clausa in favnr of Lender. Trustor shall also procure <br />and maintain comprehensive general liability insurence in such caverage ampunts as Lender may request with Trustee and Lender <br />being named as additional insureds in such liability insurance policies. Additionally, Trustor shall maintain such other insurance, <br />including but not limited #o hazard, business interruption, and boiler insurance, as Lender may reasonably require. Pplicies shall be <br />written in form, emounts, coverages and hasis reasonably acceptable to Lender and issued by a company or campanies reasnnably <br />acceptable to Lender. Trustor, upon request of Lender, wil) deliver tv l.ender from time to time the policies or certificates of insurance <br />in form satisfactory to Lender, including stipulations that cnverages will not be cencalied or diminished without at least ten (10) days <br />prior written notice to Lender. Each insurance policy elsa shali include �n endorsement providing that coverage in favor of Lender will <br />not be impaired in any way by any act, omission or default of Trus[or or any other person. Should the Real Property be Incated in en <br />araa designated by ths Director of the Federal Emergency Management Agency as a special flood hazard area, Trustor agrees to <br />obtain and maintain Federal Flood Insurance, if availabls, within 45 days after natice is given py Lender that the Property is located in <br />a special flood hazard area, for the full unpaid principal balance af the loan and any prior liens on the property securing the loan, up to <br />the maximum policy limits set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such <br />insurance for the term of the loan. <br />Applicatinn of Proceeds. Trustor shall promptly notify 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 tha proceads af 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 tv restaration end <br />repeir, Trustor shall repeir or replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon <br />satisfactory proof of such expenditure, pay pr reimburse Trustar frpm the proceeds for the reasonable cost of repair or restoration if <br />'frustor is nat in default under this Deed of Trust. Ariy proceeds whic}i have not been disbursed within 180 dayx after their receipt <br />and which Lender has not committed to the repair or restoration of the Property shall be used first tn pey any ampunt owing to Lender <br />under this Deed of Trust, then to pay accrued interest, and the r�mainder, if any, shall be applied to the principal balance of the <br />Inde6tedness. If Lender holds any proceeds after payment in full of the Indebtedness, such proceads shall be paid ta Trustor as <br />Trustor's interests may appear. <br />Complisnce with Existing Indebtedness. During the period in which any Existing Indebtedness described 6elow is in effect, compliance <br />wi[h the insurance provisions contained in the instrument evidencing such Existing Inde6tedness shall constitute compliance with the <br />insuranca pravisions under this Deed of Trust, to the extent enmpliance with the terms of this Deed of Trust would constitute a <br />duplicatinn of insurance requirement. If any proceeds from the insurance become payable on loss, the provisions in this Dead af Trust <br />tor division of proceeds shall apply only to that portion of the proceeds not payable to the holder pf the Existing Indebtedness. <br />Trustor's Report on Insurance. Upan request pf Lender, howevar not mpre than nnce a year, Trustor shall furnish to Lender a report <br />nn each existing pnlicy of insurance showing: (1) the name of the insurer; (2) the risks insured; (3) the amount of the policy; (a) <br />the property insured, the then current replacement value of such property, and the manner of determining that value; and (5) the <br />expiration date of the palicy. Trustor shell, upon request of Lender, have an independent appraiser satisfactory to Lender determine <br />the cash value replacement cost of the Property. <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 or any Related Pocuments, including but not limited to 7rustor"s failure ta <br />comply with any obligation to maintain Existing Indebtedness in good standing as requirad 6elow, or to discharge or pay when due any <br />amounts Trustor is required to discharge or pay under this Deed of Trust or any Related Documents, Lender on Trustor's behalf may (but <br />