D�ED OF TRUST 2 p 1 p 0 9 0 3 3 ��
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<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
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