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DEED OF TRIJST <br />(Continued) 2 0��, 0 3 717 Page 2 <br />Compliance with Governmental Requirements. Trustor 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 withhold compfiance during any proceeding, including appropriate appeals, so long as <br />Trustor has notitisd 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 />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 necessery 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 a(f sums secured by this <br />Deed of Trust upon the sale or transfer, without Lender's prior written consent, ot 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, essignment, or transfer of any <br />beneficial interest in or to any land trust holding titie 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 federai 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, special taxes, assessments, charges (including <br />water and sewerl, fines and impositions lavied against or on account of the Property, and shali pay when due all claims for work dona <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 ot taxes and assessments noi due and except as <br />oYherwise 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 fi(ed as e result of nonpayment, <br />Trustor shall within fifteen (151 days after the lien arises or, if a lien is tiled, within fifteen (15) days after Trustpr has notice of the <br />tiling, secure the discharge of the lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or <br />other security satisfactory to Lander in an amount sufficient to discharge the lien p(us any costs and attorneys' fees, or other charges <br />that could accrue as a result ot a foreclosure or sale under the lien. In any contest, Trustor shall defend itself and Lender and shall <br />satisfy any adverse judgment before enforcement against tha Property. Trustor shal) 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 fiftean (15) days bafore any work is commenced, any services are <br />furnished, or any materials are supp(ied to ihe 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 asaurances satisfactory to <br />Lender that Trustor can and will pay the cost of such improvements. <br />PROPERTY DAMAGE INSURAIVCE. The following provisions relating to insuring the Property are a part of this Deed of Trust. <br />Maintenance of Insurance. Trustor shall procure and maintain policies of fire insurance with standard extended coverage <br />endorsements on a replacement basis for the full insurable value covering all lmprovements 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 with such <br />other hazard and liability insurance as Lender may reasonably require. Poficies shaff 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 />Lander, will deliver to Lender from time to time the policies or certificates of insurance in form satisfactory to Lender, including <br />stipulations that coverages wili not be cancelled or diminished witfiout at teast thirly (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 defauit of Trustor or any othar 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 available, within 45 days after notice is givan 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 prior liens on the property securing tha loan, up to the maximum poficy limits set <br />undar the National Ffood fnsurance Program, or as otherwise required by Lender, and to maintain such insurance for the term of tha <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 (7 5) 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 Yhe proceeds to the reduction of the Indebtedness, payment of <br />any lien affacting the Property, or the restoration and repair of the Property. If Lander 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 Dead of Trust. Any proceeds which have not been disbursed within 180 days after their receipt <br />and which Lender has not committed to tfie repair or restoration of the Property shali 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 after payment in full of the Indebtedness, such proceeds shall be paid to Trustor as <br />Trustor's interests may appear. <br />LENDER'S EXPENDITURES. ff Trustor fails (A) to keep the Property free ot 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 Leniier's interests in the Proparty, then Lender on Trustor°s behalf may, <br />but 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 tor such purposes will then bear interest at the rate 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 Indebtedness and, at Lender's option, wiff (A) be payable on demand; <br />(B) be added to the balance of the Note and tre apportioned among and be payable with any installment payments to become due during <br />either (7) the term of any applicable insurance policy; or (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 wi(f 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 pn 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 otharwise would have <br />had. <br />WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership ot the Property are a part of this Daed of Trust: <br />Title. Trustor warrants that: (a1 Trustor holds good and marketable title ot record to the Property in fee simple, free and clear of ail <br />liens and encumbrances other than those set forth in the Real Property description or in any title insurance policy, title report, or final <br />title opinion issued in favor of, and accepted by, Lender 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 paragraph above, Trustor warrants and will forever defend the title to the Property <br />against the lawful claims of all persons. In the event any action or proceeding is commenced that questions Trustor's title or the <br />interest of Trustee or Lender under this Daed of Trust, Trustor shalf defend the action at Trustor's expense. Trustor may be the <br />nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be reprasented in the proceeding <br />by counsel of Lender's own choice, and Trustor will deliver, or cause to be delivered, to Lender such instruments as Lender may <br />request from time to time to permit such participation. <br />Compliance With Laws. Trustor warrants that the Property and Trustor's use of the Property complies with all existing applicable <br />