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DEED OF TRUST <br />(Continued) <br />interest in the Property, whether by foreclosure or otherwise. <br />�U��u45�� <br />Page 2 <br />Nuisance, Waste. Trustor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to <br />the Property or any portion of the Property. Without limiting the generality of the foregoing, Trustor will not remove, or grant to any other <br />party the right to remove, any timber, minerals (including oil and gas), coai, clay, scoria, soil, gravel or rock products without Lender's prior <br />written consent. <br />Removal of Improvements, Trustor shaii not demolish or remove arty lmprovaments from the Real Property without Lender's prior written <br />consent. As a condilion !o the removal of any Improvements, Lender may require Trustor to make arrangements satisfactory tq Lender to <br />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 irtspect the Real Property for purposes of Trustor's compliance with the terms and conditions of this Deed <br />of Trusi. <br />Compliance with Governmental Requirements. Trustor shail promptly comply with all laws, ordinances, and regulations, now or hereafter <br />in effect, of alI governmental authorities applicable to the use or occupancy of the Property, including wiihout limitation, tha Americans Wiih <br />Disabilities Act. Trustor may contest in good faith any such law, ordinance, or regulation and withhold compliance during any proceeding, <br />including appropriate appeals, so long as Trustor has notified Lender in wrfting prior to doing so and so long as, in Lender's sole opinion, <br />Lender's interests in the Property are not jeopardized. Lender may require Trustor to post adequate security or a surety bond, reasonably <br />satisfactory to Lender, to protect Lender's interest. <br />Duty to Proteci. Trusior agrees neither to abandon or leave unattended the Property. Trustor shall do all other acts, in addition to those <br />acts set forth above in this section, which from the character and use of the Properry are reasonably necessary to protect and preserve the <br />Property. <br />DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums secured by this Deed <br />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 Real Property. <br />A"sale or transfer" means the conveyance of Real Property or any right, title or interest in the Real Property; whether legal, beneficial ar equitable; <br />whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, tand contract, contract for deed, leasehold interest with <br />a term greater than three (3) years, lease-option contract, or by sale, assignment, or Vansfer of any beneficial interest in or to any land trust <br />holding tiUe to the Real Property, or by any otF�er method of conveyance of an interest in ihe Real Property. However, this option shall not be <br />exercised by Lender if such exercise is prohibited by federal law or by Nebraska law. <br />TAXES AND LlENS. Tha 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 water <br />and sewer}, fines and impositions levied against or on account of the Property, and shall pay when due all claims for work done on or for <br />services rendered or material furnished to the Propsrty. Trustor shali maintain the Property free of all liens having priority over or equal to the <br />interest of Lender under this Deed of Trust, except for the lien of ta�ces and assessments not due and except as othenvise provided in this <br />Deed of Trust. <br />Right to Contest. Trustor may withhofd payment of any tau, assessment, or claim in connection with a good faith dispute over the obligation <br />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, Trustor shall within <br />fifteen (15) days after the lien arises or, if a lien is filed, within fifteen (15) days after Trustor has notice of the filing, secure the discharge of the <br />lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an <br />amouni sufficient to discharge the lien plus any costs and attomeys' fees, or other charges that could accrue as a result of a foreclosure or <br />sale under the lien. In any contest, Trustor shall defend itself and Lender and shall satisfy any adverse judgmenf before enforcement against <br />the Property. Trustor shall name Lender as an additional obligee under any surety l�nd fumished in the contest proceedings. <br />Evtdence of Payment. i'rustor shall upon demand fumish to Lender satisfactory evidence of payment of the taxes or assessments and shall <br />authorize the appropriate govemmental official to deliver to Lender at any time a written statement of the taxes and assessments against the <br />Property. <br />Notice of Construction. Trustor shall notify Lender at least fifteen (15j days before any work is commenced, any services are furnished, or <br />any materials are supplied to the Property, 1f any mechanic's lien, materialmen's iien, or other lien could be asserted on account of the work, <br />services, or materials. Trustor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Trustor can and <br />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 oi Insurance. Trustor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on <br />a fair value basis for the full insurable value covering all Improvements on the Real Property in an amount sufficient to avoid application of <br />any coinsurance clause, and with a standard mortgagee clause in favor of Lender. Trustor sfiall also procure and maintain comprehensive <br />general liability insurance in such coverage amounts as Lender may request with Trustee and Lender being named as additional insureds in <br />such Iiability insurance policies. Additionally, Trustor shall maintain such other insurance, including but not limited to hazard, business <br />interruption, and boiler insurance, as Lender may reasonably require. Policies shall be written in form, amounts, coverages and basis <br />reasonatrly 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, including stipulations <br />that coverages will not be cancef(ed or diminished without at least thirty {30) days prior written notice to Lender. Each insurance policy also <br />shall include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any act, omission or default of <br />Trustor or any other person. Should the Real Property be located in an area designated by the Director of the Federaf Emergency <br />Management Agency as a special fiood hazard area, Trustor agrees to obtain and maintain Federal Flood .Insurance, if avaiiable, for the full <br />unpaid principal balance of the loan and any prior liens on the property securing the loan, up to the maximum policy limits set under the <br />National Flood Insurance Program, or as otherwise required by Lender, and to maintain such insurance for the term of the loan. <br />Application of Proceeds. Trustor shall promptly notify Lender of any loss or damage to the Property. Lertder may make proof of loss if <br />Trustor fails to do so within tifteen (15) days of the casualty. Whether or not Lender's security is impaired, Lender may, at Lender's election, <br />receive and retain the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness, payment of any lien affecting <br />the Property, or the restoration and repair of the Property. tf Lender elects to apply the proceeds to restorafion and repair, Trustor shall <br />repair or replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such <br />expenditure, pay or reimburse Trustor from the proceeds for the reasonable cost of repair or restoration if Trustor is not in default under this <br />Deed of Trust. Any proceeds which have not been disbursed within 180 days after their receipt and which Lender has noi committed to the <br />repair or restoration of the Property shall be used first to pay any amount owing to Lender under this Deed of Trust, then to pay accrued <br />interest, and the remainder, if any, shall be applied to the principal balance of the Indebtedness. (f Lender holds any proceeds after payment <br />in full of the Indebtedness, such proceeds shall ba paid to Trusior as Trustor's interests may appear. <br />Trustor's Report on Insurance. <br />each existing policy of insurance <br />property insured, the then curren <br />date of the policy. Trustor shall, <br />replacement cost of the Property. <br />Upon requsst of Lender, however not more than once a year, Trustor shali furnish to Lender a report on <br />showing: (1) the name of the insurer; (2) the risks insured; (3) the amount of the policy; (4) the <br />reptacement value of such property, and the manner of determining that value; and (5) the expiration <br />upon request of Lender, have an independent appraiser satisfactory to Lender determine the cash value <br />LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lender's interest in the Property or if Trustor <br />fails to comply with any provision of this Deed of Trust or any Related Documents, including but not limited to Trustor's failure to discharge or pay <br />when due any amounts Trustor is required to discharge or pay under this Deed of Trust or any Related Documents, Lender on Trustor's behalf <br />may (but shall not be obligated to) take any action that Lender deems appropriate, including but not limifed to discharging or paying ali taxes, <br />fiens, security interests, encumbrartces artd other claims, at any tima levied or placed on the Property and paying all costs for insuring, maintaining <br />and preserving the Property. All such expenditures incurred or paid by Lender for such purposes will then bear interest at the rate charged under <br />ihe Note from the date incurred or paid by Lender to the date of repayment by Trustor. All such expenses will become a part of the Indebtedness <br />and, at Lender's opiion, will {A) be payable on demand; (B) be added to the balance of the Note and be apportioned among and be payable <br />with any installment payments to become due during efther (1) the term of any applicable insurance policy; or (2) the remaining term of the <br />Note; or (C) be treated as a bafloon payment which wi(I be due and payable at the Note's maturity. The Desd of Trust also will secure paymeni <br />