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;GUliUi��� <br />DEED OF TRUST <br />(Continued) <br />affected bv Lender's acquisition of any interest in the Property, whether by foreclosure or otherwise. <br />Page 2 <br />Nuisance, Waste, Trustor shall not cause, conduct or permit any nuisance nor commit, permit, or sufter any siripping of or waste on <br />or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Trustor will not remove, or grant to <br />any other party the right to remove, any timber, minerals lincluding oil and gas), coal, clay, scoria, soil, gravel or rock products <br />without Lender's prior written consent <br />Removal of Improvements. Trustor shali not demolish or remove any Improvements from the Real Property without Lender's prior <br />written consent. As a condition to the removal of any Improvements, Lender may require Trustor to make arrangements satisfactory <br />to Lender to replace such Improvements with Improvements of at least equal value. <br />Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to <br />attend to Lender's interests and to inspect the Real Property for purposes of Trustor's compliance with the terms and conditions of <br />Lhis Deed ot Trust. <br />Compliance with Governmental Requirements. Trustor shall promptly comply with all laws, ordinances, and regulations, now or <br />hereafter in effect, of all governmentai authorities aF�pticable to the use or occupancy of the Property. Trustor may contest in good <br />faith any such law, ordinance, or regulation and wit�.f�old compliance during any proceeding, including appropriate appeals, so long as <br />Trustor has notified Lender in writing prior to doing s;o and so long as, in Lender's sole opinion, Lender's interests in the Property are <br />not 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 to Protect. Trustor agrees neither to abandon or leave unattended the Property. Trustor shall do all other acts, in addition to <br />those acts set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and <br />preserve the Property. <br />DUE ON SALE - CONSENT BY LENDER. Lender may, at LendePs option, declare immediately due and payable all sums secured by this <br />Deed of Trust upon the sale or transfer, without Lender's prior written consent, 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 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 contract, contract <br />for deed, leasehold interest with a term greater than three (3) years, lease-option contract, or by sale, assignment, or transfer of any <br />beneficial inYerest 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 by Lender if such exercise is prohibited by federal law or by Nebraska law. <br />TAXES AND LIENS. The following provisions retating to the taxes and liens on the Property are part of ihis Deed ot Trust: <br />Payment. Trustor shalt pay when due (and in all events prior to delinquency) all taxes, special taxes, assessments, charges lincluding <br />water and sewer►, fines and impositions levied against or on account of the Property, and shall pay when due all claims for work done <br />on or for services rendered or material furnished to the Property. Trustor shall maintain the Property free of all liens having priority <br />over or equal to the interest of 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 Trust. <br />Right to Contest. Trustor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over 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 nonpayment, <br />Trustor 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 ot the lien, or if requested by Lender, deposit with �ender 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 other charges <br />that could accrue as a result of a foreclosure or sale under the tien. 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. Trustor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and <br />shall authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments <br />against the Property. <br />Notice of Construction. 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 Property, if any mechanic's lien, materialmen's lien, or other lien could be asserted on <br />account of the work, services, or materials. Trustor will upon request of Lender furnish to Lender advance assurances satisfactory to <br />Lender that Trustor can and will pay the cost of such improvements. <br />PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Deed of Trust. <br />Maintenance of Insurance. Trustor shall procur�; and maintain policies of fire insurance with standard extended coverage <br />endorsements on a replacement basis for the full insurable value covering all Improvements on the Real Property in an amount <br />sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender, together wiih such <br />other hazard and liability insurance as Lender may reasonably require. Policies shall be written in form, amounts, coverages and basis <br />reasonably acceptable to Lender and issued by a company or companies reasonably 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, inctuding <br />stipulations that coverages will not be cancelled or diminished without at least thirty f30) 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. Shoufd the Real Property be located in an area designated by the Director ot <br />the Federal Emergency Management Agency as a special flood hazard area, Trustor agrees to obtain and maintain Federal Flood <br />Insurance, if available, within 45 days after notice is given by Lender that the Property is located in a special flood hazard area, tor the <br />full unpaid principal balance of the loan and any prior liens on the property securing the loan, up to the maximum policy limits set <br />under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such insurance for the term of the <br />loan. <br />Application 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 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 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 restoration if <br />Trustor is not in default under this Deed of Trust. Any proceeds which have not been disbursed within 1SQ days a#ter their receipt <br />and which Lender has not committed to the repair dr restoration of the Property shall be used first to pay any amount owing to Lender <br />under this Deed of Trust, then to pay accrued interest, and the remainder, if any, shall be applied to the principal balance ot the <br />Indebtedness. If Lender holds any proceeds after payment in full of the Indebtedness, such proceeds shall be paid to Trustor as <br />TrustoPs interests may appear. <br />TAX AND INSURANCE RESERVES. Subject to any limitations and consistent with any 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 taxes, assessments, and insurance premiums Lender reasonabty <br />anticipates to be paid from these reserves. The reserve funds shall be held by Lender as a general deposit from Trustor, which Lender may <br />satisfy by payment of the taxes, assessments, and insurance premiums required to be paid by 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 accuracy of <br />any item before paying it. Nothing in the Deed of Trust shall be construed as requiring Lender to advance other monies for such purposes, <br />and Lender shall not incur any liability for anything it may do or omit to do with respect to the reserve account. Subject to any limitations <br />set by applicable law, if the reserve funds disclose a shortage or deficiency, Trustor shall pay such shortage or deticiency as required by <br />Lender. If Lender discovers that the payments into the reserve account have produced a surplus beyond the annual amounts due to be <br />paid from the reserve funds by more than the cushion permitted by applicable law, but a payment on the Note has not beert received within <br />30 days of the payment due date, Lender may retain the excess funds. All amounts in the reserve account are hereby pledged to further <br />