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D�ED OF TRUST 2 p 1 p 0 9 0 3 3 �� <br />IContinued) g� 2 <br />attend to Lender's interests and to inspect the Real Propsrty for purposes of Trustor's compliance with the terms and conditians of <br />this Deed af Trust. <br />Compliance with Governmental Requirements. Trustor shall promptly comply with all laws, ordinances, and regulations, now or <br />hereafter in effec[, of all governmental authorities applicable [o the use or occupancy of the Property. Trustor may contest in good <br />faith any such law, ordinance, or regulation and withhold campliance during any proceeding, including appropriate appeals, so long as <br />Trustor hss notified Lender in writing prior to doing so and so Iong as, in Lender's sole opinion, Lender's interests in the Property are <br />nat jeopardized. Lender may require Trustor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect <br />Lender's interest. <br />Duty tn Protect. Trustor agrees neither to abandon or leave unattended the Property. 7rustor shall do atl other acts, in addition to <br />those acts set forth above in this section, which from the character and use of the Property are raasanably necessary to protect end <br />preserve the Property. <br />DUE ON SALE - CONSENT BY LENDEii. Lender may, at Lender's option, declare immediately due and payable all sums secured by this <br />�eed of Trust upon [he sale or trsnster, without Lender's prior written cansent, of all or any part of the Real Property, or any interest in the <br />Real Property. A"sale or transfer" means the conveyance of Raal Property or any right, title or interest in the Real Praperty; whether legel, <br />6eneficial or equitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land contract, contract <br />for deed, leasehold interest with a term greater than three (3) years, lease-option cantract, or 6y sale, assignment, or transfer of any <br />beneficial interest in or to any land trust holding title to 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 4y 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 on the Property are part of this Deed of Trust: <br />Payment. Trustor shall pay when due (and in all events prior to delinquency) all taxes, specisl taxes, assessments, charges (including <br />watar end sewer►, fines and impositions levied against or on account of the Proparty, and shall pay when due all claims for work done <br />on or for services rendered or material furnished to [he Property. Trustor shall maintein the Property free of all liens having priority <br />over or equal to the interest af Lender under this Deed of Trust, except for the lien of taxes and assessments not due and except as <br />otherwise provided in this Deed of 7rust. <br />Right to Cnntest. Trustor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the <br />obligetion 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 nonpayment, <br />7rustor shall within fifteen (15) days after the lien arises or, if a lien is filed, within fifteen (15) days after Trustor has notice of the <br />filing, secure the discharge of the lian, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or <br />other security satisfactory to Lender in an amount sufficient ta discharge tha lien plus any costs and attorneys' fees, or other charges <br />that could accrue as a result of a foreclosure or sale under the (ien. In any contest, Trustor shall defend itself and Lender end shall <br />saYisfy any adverse judgment before enforcemeni against the Property. Trustor shall name Lender as sn additional o6tigee under any <br />surety bond furnished in the contest proceedings. <br />Evidence of Payment. Trustor shall upon demand furnish to Lender satisfactory evidenca of payment of the taxes or assessmen[s and <br />shall authoriz� the appropriate governmental afficial ta deliver to Lender at any time a written statement of the taxes and assessments <br />against the Property. <br />Notice of Construction. 7rustor shall notify Lender at Isast fifteen (15) days before any work is commenced, any services are <br />furnished, ar any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, ar other lien could be asserted on <br />account of the work, services, or materials. Trustor will upon request ot Lender furnish to Lender advance assurances satisfactory to <br />Lender that Trustor can and will pay the cast af such improvements. <br />PROPERTY DAMAGE INSURANCE. 7he following provisions relating to insuring the Proper[y are a part af this Deed af 7rust. <br />Maintenance of Insurance. Trustor shall procure and maintain policies of fire insurance with standard extended coverage <br />endorsements on a replacement basis far the full insurable value covering all Improvements on the Real Property in an amount <br />sufificient to avoid application of any comsurance clsuae, and with a standerd mortgagee clause in favor of Lender, together with such <br />other hazard and liability insurance as Lender may raasana6ly require. Policies shall be written in form, amounts, coverages and basis <br />reasonsbly acceptable to Lender and issued by a company or compsnies reasona6ly acceptable to Lender. Trustor, upon request of <br />Lender, will deliver to Lender from time to time the policies or certificates of insurance in form satisfactory to Lender, including <br />stipulations tha[ coverages will not be cancelled or diminished without at least [hirty (30) days prior written notice to Lender. Each <br />insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any <br />act, omission or default of Trustor or any other person. The Real Property is or will be located in an area designated 6y the birector of <br />tha Federal Emergency Management Agency as a special flood hazard area. Trustor agrees to ohtain and maintain Federal Flood <br />Insurance, if available, for the full unpaid principal balance nf the loan and any prior liens on tha property securing the loan, up to [he <br />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 />Application of Froceeds. Trustor shall promptly notify Lender pf any loss or damage Yo the Property. Lender may make proot ot 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 />electian, 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, Trustor shall repair or replace the damaged or destrayed Improvements in a manner satisfactory to Lender. Lender shall, upon <br />satisfactory proof of such expenditure, pay or reimburse 7rustor from ihe proceeds far the reasonable cost of repair or restoration if <br />Trustor is not in default under this Deed of Trust. Any proceeds which have not been disbursed within 180 days after their receipt <br />snd which Lender has not committed to the repair or restoration of the Prnperty shall 6e used first to pay any amaunt owing to Lender <br />under this �eed of Trust, then to pay accrued interest, and the remainder, 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 proceeds shall be paid to Trustor as <br />Trustor's interests may appear. <br />TAX AND INSURANCE RESERVES. Subject to any limitations and consistent with eny requirements set by appticable law, Lender may <br />require Trustor to maintain with Lender reserves for payment of annual taxes, assessments, and insurance premiums, which reserves shall <br />be created by an initial deposit and subsequent monthly payments, or payments at such other interval as payments under the Note may be <br />due, of a sum estimated by Lender to be sufficient to pay the total annual [axes, assessments, and insurance premiums Lender reasonably <br />anticipates to be paid from these reserves. The reserve funds shall be held by Lender as a general dapasit from Trustor, which Lender may <br />setisfy by payment of the taxes, assessmenis, and insurance premiums required [o he paid 6y Trustor as they become due. Lender shall <br />have the right to draw upon the reserve funds to pay such items, and Lender shall not be required to determine the validity or accurecy of <br />any item before paying it. Nothing in the Deed of Trust shall be canstrued as requiring Lender to advance other monies for such purposes, <br />and Lender shall not incur any liability for anything it mey do or omit to do with respect to the reserve account. Subject to any limitations <br />set by applicable law, if [he reserve funds disclose a shortage or deficiency, Trustor shall pay such shortage or deficiency as required by <br />Lender. If Lender discovers that the payments into the reserve account have produced a surplus 6eyond the annual amounts due to be <br />peid from the reserve funds by more than the cushion permitted by applicable law, but a psyment on the Note has not been received within <br />3� days of the payment due date, Lender may retain the excess funds. All amounts in the reserve account are hare6y pledged to further <br />secure the Indebtedness, and Lender is hereby authorized ta withdraw and apply such amounts on the Indebtedness upon the occurrence <br />of an Event of Default. Lender shall not be required ta pay any interest or earnings on the raserve funds unless required by law or agresd <br />to by Lender in writing. Lender does not hold the reserve funds in trus[ for Trustor, and Lender is not Trustor's agent for payment of the <br />taxes and assessments required to be paid by 7rustor. <br />LEN�ER'S EXPENDITURES. If Trustor fails (A) to keep the Property free of all taxes, liens, security interests, encumbrances, and other <br />claims, (B) to provide any required insurance on the F'roperty, or (C) to make repairs to the Property then l.ender may da sa. If any <br />action or proceeding is commencad that would materially affect Lender's interests in the Property, then Lendsr on Trustor's behalf may, <br />6ut is not required to, take any action that Lender believes to be appropriate 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 da[e of <br />repayment by Trustor. All such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; <br />(B) be added to the balance of the Note and be apportioned among and be payable wi[h any installment payments to become due during <br />