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P � 'l <br />M' . Y <br />�, :,. <br />e� <br />`; : �EED OF TRUST <br />°�� (Continued) 2 0110 3 6 5 2 Pes� 2 <br />;;. <br />; <br />Removal of Improvemerrts. Trustor shall not de#nolish or remove any Improvements from the Real Property without Lender's prior <br />written consent. As a condition to the removal of �'a�y Improvements, Lender may require Trustor to make arrangements satisfactory <br />to Lender to replace such Improvements with Impro�'ements of at least equal value. <br />, � <br />Lender's Rlght 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 Re�l, Property for purposes of Trustor's compliance with the terms and co�ditions of <br />this Deed of Trust. ' `�' • <br />Compliance with Govemmerrtal Requirements. 'Trtistor shall promptly comply with all laws, ordinances, and regulations, now or <br />hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property. Trustor may contest in good <br />faith any such law, ordinance, or regulation and viiit�,ahold compliance during any proceeding, including appropriate appeals, so long as <br />Trustor has notified Lender in writing prior to doing:so 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 />; ': <br />Duty to Protect. Trustor agrees neither to abandoh, 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, Lender's 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 Properry, 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;;rnrhether by outright sale, deed, installment sale contract, land contract, contract <br />for deed, leasehold interest with a term greater than tNnree (3) years, lease-option contract, or by sale, assignment, or transfer of any <br />beneficial interest in or to any land trust holding title � 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 x;L.ender if such exercise is prohibited by federal law or by Nebraska law. <br />TAXES AND UENS. The following provisions relating fo;tk�e taxes and liens on the Property are part of this Deed of Trust: <br />Payment. Trustor shall pay when due (and in all eve"nts prior to delinquency) all taxes, special taxes, assessments, charges (including <br />water and sewerl, fines and impositions levied agein�t 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't'o �the Property. Trustor shall maintain the Property free of all liens having priority <br />over or equal to the interest of Lender under this' D,eed 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 Corrtest. Trustor may withhold paymeru�Y �f 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 �rises or, if a lien is filed, within fifteen (15) days after Trustor has notice of the <br />filing, secure the discharge of the lien, or if requested by Lender, deposit with Lender cash or a suffiaient corporate surety bond or <br />other security satisfactory to Lender in an amourrx 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 .sa�� under the lien. In any contest, Trustor shall defend itself and Lender and shall <br />satisfy any adverse judgment before enforcemen; a�gainst the Property. Trustor shall name Lender as an additional obligee under any <br />surety bond furnished in the contest proceedings.' <br />Evidence af Paymerrt. Trustor shall upon demand fuenish to Lender satisfactory evidence of payment of the taxes or essessments and <br />shall authorize the appropriate governmental offici$I ;to deliver to Lender at any time a written statement of the taxes and assessments <br />against the Property. _ : � <br />Notice of Construction. Trustor shall notify Le'nder at least fifteen (16) days before any work is commenced, any services are <br />furnished, or any materials are supplied to the Prpperty, if any mechanic's lien, materialmen's lien, or other lien could be asserted on <br />accaunt of the work, services, or materials. Trust�riwill upon request of Lender furnish to Lender advance assurances satisfactory to <br />Lender that Trustor can and will pay the cost of such improvements. <br />i <br />PROPERTY DAMAGE INSURANCE. The following provisio.ns relating to insuring the Property are a part of ,this Deed of Trust. <br />Maintenance of Insurance. Trustor shall procur@ and maintain policies of fire insurance with standard extendad coverage <br />endorsements on a replacement basis for the full"insurabte value covering all Improvements on the Real Property in an amount <br />sufficient to avoid application of any coinsurance'claUse, and with a standard mortgagee clause in favar of Lender, together with such <br />other hazard and liability insurance as Lender may re�sonably require. Policies shall be written in form, amounts, coverages and basis <br />reasonably acceptable to Lender and issued by ai' company or companies reasonably acceptable to Lender. Trustor, upon request of <br />Lender, will deliver to Lender from time to tim$ the policies or certificates af insurance in form satisfactory to Lender, including <br />stipulations that coverages will not be cancelled or diminished without at least thirty (30) days prior written natice 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, omissian or default of Trustor or any other person. Should the Real Property be located in an area designated by the Director of <br />the Federal Emergency Management Agency as a special flood hazard area, Trustor agrees to obtain and maintain Federal Flood <br />Insurance, if availabte, within 45 days after notice'is given by Lender that the Property is located in a special flood hazard area, for the <br />full unpaid principal balance of the loan and any: pri�r liens on the property securing the loan, up to the maximum policy limits set <br />under the National Flood Insurance Program, or as pxherwise required by Lender, and to maintain such insurance for the term of the <br />loan. <br />Applicetion of Proceeds. Trustor shatt promptly notiTy Lender of any loss or damage to the Property. Lender may make praof 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;�r�d repair of the Property. If Lender elects to apply the proceeds to restoration and <br />repair, Trustor shall repair or replace the damaged ort destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon <br />satisfactory proof of such expenditure, pay or reimb;,�rse 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 180 days after their receipt <br />and which Lender has nat cammitted to the repait or{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 of the <br />Indebtedness. If Lender holds any proceeds af�er� �payment in full of the Indebtedness, such proceeds shall be paid to Trustor as <br />Trustor's interests may appear. <br />LENDER'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 Property, or (C) to make repairs to the Property then Lender may do so. If any <br />action or proceeding is commenced that would materially affect Lender's interests in the Property, then Lender on Trustor's behalf may, <br />but is not required to, take any action thai Lender believgs to be appropriate to protect Lender's interests. All expenses incurred ot' paid by <br />Lender for such purposes will then bear interest at the �ate charged under the Note from the date incurred or paid by Lender to the date of <br />repayment by Trustor. All such expenses will become a part of the Indebtednass and, at Lender's option, will (A) be payable on demand; <br />(B) be added to the balance of the Note and be appot�tioned among and be payable with any installment payments to become due during <br />either (1) the term of any applicable insurance policy;'�r (2) the remaining term of the Note; or (C) be treated as a balloon payment <br />which will be due and payable at the Note's maturity. ,� The Deed of Trust also will secure payment of these amounts. The rights provided <br />for in this paragraph shall be in addition to any other:rights or any remedies to which Lender may be entitled on account of any default. <br />Any such action by Lender shall not be construed as curing the default so as to bar Lender from any remedy that it otherwise would F�ave <br />had. <br />WARRANTY; DEFENSE OF TITLE. The following provisions retating to ownership of the Property are a part of this Deed of Trust: <br />Title. Trustor warrants that: (a1 Trustor holds good� and marketable title of record to the Property in fee simple, ftee and clear of all <br />liens and encumbrances other than those set forth iet the Real Property description or in any title insurance policy, title report, or final <br />title opinion issued in favor of, and accepted by; Cender in connection with this Deed of Trust, and (b) Trustor has the full right, <br />power, and authority to execute and deliver this Deed of Trust to Lender. <br />Defense of Title. Subject to the exception in the, paragreph above, Trustor warrants and will forever defend the title to the Property <br />�. <br />, t <br />: �i�: <br />