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DEED OF TRUST 2 Q 110 2�� S <br />Loan No: 11085 (Continued) Page 2 <br />Nuisence, Waata. Trustor �hall not caue�, canduct or permit eny nuisanc� nor oommit, permit, or suffer any stripping of or weste on <br />or to the Property or any partion of the Property. Without limiting the generality of th� fbregding, 'Crustor will not r�m�5ve, or grant to <br />any other party the right to remove, any timber, minerais (including oil and gas), coal, clay, scoria, soil, gravel or rock products <br />without Lender's prior written consent. <br />Removal of Improvements. tru�tor shsii not demolish or remove �ny Improvemente frem 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 ��ach Improvem�nts with Improvements of at leaet equal value. <br />Lender's Right to @nter. Lender and Lender's eg�nte and r�presentatives mey enter u�on the li�ef Wrbp�rty et ell reesonet�le tim�s to <br />attend to Lender's interests and to inspect the Real Property for pu�poses of Trustor's compliance with the terms and conditions of <br />this �eed of Truet. <br />Compliance with (3overnmentel Requirements. Trustor shall promptiy comply with ell laws, ordinances, and reguletions, now or <br />hareefter in effect, ofi �II govemmentel authonties applicabie to the use or accupancy of the Property. 7rustor may contest in gaod <br />faith eny such iew, ordinance, or regulation end withhold compliance during any proceeding, including �ppropriate appeal�, so long as <br />Trustor has notified Lender in writing pribr ta doing so �nd so long as, in Lender's sole opinian, Lender'a inter�sts in the Property are <br />not jeopardized. Lender may require Trustor to post adequate security or a surety bond, reasonabiy satisfactory to Lender, to protect <br />Lender's interest. <br />Duty to Protect. Trustnr egrses neither to abandon or lesve un�ttendetl the Property. Trustor shalf do all oth�r acts, in edditior� 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 - GONSENT BY LENDER. Lender may, at Lender's optian, declare immediately due and payable all sums secured by this <br />Deed of Trust upon the sale or trensfer, without Lender's prior written consent, of aii or any part of the Real Property, or eny interest in the <br />Reel Property. A"aale or transfer" means the conveyence of Real Property or any right, title or interest in the Real Property; whether legal, <br />beneticiai or equitable; whether voluntary or involuntery; whether by outright sale, deed, installment selg contraat, land contract, contract <br />tor deed, leesehold interest with a term greater than three (3) y�ars, leeae-option contract, or by aele, �ssignm�nt, or tran�fer af any <br />beneficial interest in or to any land tru�t holding title to the Real Proparty, or by �ny other method of conveyance of an Intereat in the Real <br />Property. However, this option shall not be exercised by Lender ff such exeroise is prohibited by federal law or by Nebrask� law. <br />TAXES AND LIEN3. The fallowing provisions relating to the taxes end liens on the Property are part of this Deed of Trust: <br />Payment. Trustor shall p�y when due (and in all events prior to delinquency) all taxes, special taxes, assessments, charges (including <br />water and sawer), finss and impositions levied agsinst or or1 account of the Prop�rty, and shell pay when due all ciaims for work done <br />on or fior services rendered or material fumished to the Property. T�ustor shall meintain ih� Praperty free af ail liens heving priority <br />over or equai 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 whh a good faith disput� over the <br />obiigation to pay, so long as Lencler's intere�t in the Property i� not jeopardized. If a li�n arises or is filed as a result of nonpayment, <br />Trustor shall within fifteen (16) days �fter the lien ariaes or, if a lien is filed, within fift�en (16) days after Trustor has notice of the <br />filing, secure th� discharge of the lien, nr if requested by Lender, deposit with Lender ca�h or a sufficient corporate surety bond or <br />other security eetiefeatory t� L�nder in an amount sufficient to discharg� th� lien plue any coets and attomeye' fees, �r gther �herges <br />that could accrue e� e resuit of e P�reclosure or sale under the Ifen. in eny conteat, Trustpr shalf defend iteeff and Lend�r �nd shall <br />satisfy any adverse judgment before er�forcement against the Property. 7rustor shall name Lender as an additional obiig�e under any <br />surety bond furni�hed in the contest proceedings. <br />Evidence of Payment. Trustor shall upon demand fiumish to Lender satisfactory evidence of paytnent of the texes 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 Constructian. Truator ahali notify Lender et least fifteen (15) days before �ny work is commenced, eny servic�s �re <br />furnished, or �ny meterisle ere auppiled to the Prnp�rty, if eny meahanic`s Ifen, materialmen's lien, or Ather lien could b� ass�rt�d on <br />account of the work, services, or materials. Trustor wiii upon request of L�nder furnish to Lender advance assuranc�s 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 replacem�nt basis for the full insursble value cpv�ring all Improvements on the Real Property in an amount <br />aufficient to avoid applic�tion of any coinsurence clause, end with a stendard mortgagee clause in favor of L�nder, togeth�r with such <br />other hazard and liabifity insurence as Lender may reasonabiy require. Policie� shall be written in form, amounts, coverages and besis <br />re�sonably accept�ble to Lender and issued by a company or companies reesonably accepteble to Lender. Trustor, upon request of <br />Lender, will deliv�r to Lender from time to tim� the polici�s or certificete� of insurance in form satisfectory to Lender, inciuding <br />etipulations that coverages will not b� c�ncell�d �r dimini�hed without at le�st ten (10) days prior written notice to Lender. 6a�h <br />insurance policy also shelf include �n endorsem�nt providing thet coverage in f�vor of Lender wiii not be impaired in any way by any <br />act, omission or defauit of Trustor or any other person. Should the Real Property be located in an area designeted by the Dir�ctor of <br />the Federal �mergency Management Agency eg � epeciel flood hezerd ar�a, Trustor egreea to obtain �nd meintain Federal Flood <br />insurance, if �vailable, for the full unpaid principal belance of the loan and any prior Ifens on the property securing the loan, up to fh� <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 Proceeds. Trustor shell promptly notify L�nder of any loss or dam�ge #a th� Property, Lender may meke proof r�f loss <br />if 7rustor fails to do so within fifteen (16) deys of the casualty. WheYher or nc�t Lender's security is impaired, Lender may, st Lender's <br />election, receive and retein the proc�ed� af any In�urance �nd spplq the prace�ds to the reduotion di th� Indebtedness, payment of <br />eny lien affecting the Property, ar th� restor�tion and repair of the Prop�rty. If Lender electa to spply the prooaeds to reetoration end <br />repeir, Trustor eheil �epeir or repl�ce the damsged or destroyed Improvom�nta in a manner ��tisfeatory to L�nder. Lender shell, upon <br />satisfacfory proof of �uch expendit�re, pay or reimburse Trustor from the proceeds for the reasonable cost of repair or rest�ration if <br />Trustor is not in d�fault under this D�ed of Trust. Any praCe�ds which have not been disbursed within 1�0 days after their receipt <br />�nd which Lender hes not committed to the repair or restoratlon of the Property ahelf be us�d first to p�y any �mount owing to l.�nder <br />under this Deed of Trust, then to pay accrued interest, and the remainder, ifi ahy, shall be applied to the principal balance of the <br />Indebtedness. 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 lN$URANCE RESERVES. Subject to any limitetions snd con�ist�nt with eny raqui�emants set by epplicable law, Lender mey <br />require Trustar to maintain with Lender reserves for payment of annual taxes, �ss��sment�, and inaurence premiums, whicF� reserves shali <br />be created by �n initiaf deposit end �ubsequent monthly payments, or peyments at such oth�r interval �� p�ym�nts under the Note mey b� <br />due, of e sum �stimat�d by Lender to be �wfficient to pay the totai annual taxes, e�sessment�, and insurance premiums Lender r�asonably <br />anticip�tes to be paid from these reserves. The reserv� funds shall be held by L�nder as & genaral deposit from Trustor, whicl� Lencler may <br />satisfy by paymeni o# the t�xeg, assassmente, �nd in�urance premium� required to be peid by Trustor as they becoma due. Land�r shell <br />have the right to draw upan the reeerve funds to pay such items, �nd Lender shall not be required to determine the velidity or accuracy of <br />any item befor� paying it. Nathing in the Deed of Trust shall be �onstrued es requiri�g Lender to edvanGe other monies for such purposes, <br />and Lender shall not incur any li�bility for anything it may da or omit to do with respect to the reserve account� SubJect to any limitations <br />set by �pplicabie law, if the resarve funds discfose e shortag� or deficisncy, Trustor shell pay such shorta�� or deficiency as r�quired by <br />Lender. If Lender discovers that the payme�ts into the reserve account have produced a surplus beyond the annual amount� due to be <br />paid from the reserve funds by more than the cuahion p�rmitted by applicable I�w, but � payment on the Note ha� not been rac�ived within <br />30 days of the payment du� date, Lantiar m�y retain the exc�ss funds. Ali amounts in the reserve account are her�by pledged to further <br />secure th� Mdebtednese, and �.�nder ie h�reby authori�ed tc� withdraw �nd �pply su�h amaunte on th� indebtedn�ea upon the accurrence <br />of an Event of Defeult. Ler�der slsall nbt be r�quired to pay �ny int�eee# or earning� on tF�e r�serve funda unlees required by lew or egre�d <br />to by Lender in writing. Lender does not hold the reserve funds in trust for 7rustor, and Lender is not Trustor's agent for payment of the <br />