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Loan No: 101241889 <br />�01105�6� <br />DEED OF TRUST <br />(Continued) <br />Page 3 <br />Real Property. A"sale or transfer" means the conveyance of Real Property or any right, title or interest in the Real Proparty; whether legal, <br />benefioial or equitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale contract; land contrect, contract <br />fior deed, leasehold interest with a term gceater than three (3) years, .lease-option contract, or by sale, assignmerrt, or transfer of any <br />beneficial interest in or to any land trust holding tttle to the Real Property, or by any other method of cQnveyance of an interest in the Real <br />Property. If any Trustor is a corporation, partnership or limited liability company, trensfer aiso includes eny change in ownership of more <br />than twenty-five percent (25 %) of the voting stock, partnership interests or limited liebility oompany interests, as the case may be, of such <br />Trustor. 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 foliowing provisions relating to the taxes and liens on the Property ere part of this Deed of Trust: <br />Paymerrt. Trustor shall pay when due (and in all events prior to delinquency) all texes, special taxes, assassments, charges (including <br />water and sewer), fines and impositions levied sgainst or on account of the P�operty, and shail 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 tree of all fiens 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 �xcept as <br />otherwise provided in this Deed of Trust. <br />Right to Contest. Trustor may withhold payment ot any tax, assessment, or claim in connection with a good faith dispute over the <br />obligation to pay, so lang as Lender's interest in the Property is not jeopardized. lf a lien arises or is filed as a result of nonpayment, <br />Trustor shali within tifteen (15} days after the lien arises or, if a lien is filed, within fifteen f 7 5) days after Trustor has notice of the <br />filing, secure the discherge.of the fien, or if requested by Lendar, deposit with Lender cash or a sufficient corporate surety bond or <br />other security satisfactory to Lender in a� amount sufficient to discharga the lien plus any costs and attorneys' fees, or other charges <br />thet could accrue as s result of a foreciosure or sale under the lien. In any contest, Trustor shall defend itself and Lender and shali <br />satisfy any adverse judgment before enforcement against the Property. Trustor shall name Lender as an additional obligee under any <br />surety bond furnishad in the contest proceedings. <br />Evidence of Payment. Trustor shell upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and <br />shall authorize the approprlate governmentai oificial to deliver to Lender at any time a written statament of the taxes and assessments <br />against the Property. <br />Notice of Construction. Trustor shall notify Lender at least fifteen (1b) 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 fumish to Lender advance assurances satisfactory to <br />Lender that Trustor can and will pay the cost of such improvements. <br />PROPERTY DAMAGE IN$URANCE. The following proylsions relating to insuring Yhe Property are a part of this Deed of Trust. <br />Maintenance of Insurance. T�ustor shall pracure- end meintain poliFies of fire insursnce with standard e�ctended coverage <br />endorsements on a fair value basis for the full insurabie value covering all Improvements on the Real Property in an amount sufficient <br />= to avoid applicetion of any coinsurance clause, and with a standard mortgag�e clause in favor of Lender. Trustor shall also procure <br />and maintain comprehensive general liability insurance in such coverage amounts as Lander may request with Trustee snd Lender <br />being named as additiona{ insureds in such liability insurance policiss. Additionally, Trustor shall maintain such other insurance, <br />including but not limited to hazard, business interruption, and boiler insurance, as Lender may reasonably require. Policies shall be <br />wrritten in form, amounts, coverages and basis reasonably acceptable to Lender and issued by a company or companies reasonably <br />acceptable to Lender. Trustor, upon request of Lender, will deliver to Lender from time to time the policies or certificates of insurance <br />in form satisfactory to Lender, including stipulations that coverages will not be cancelled or diminished without at least ten (101 days <br />prior written notice to Lender. Each insurance policy also shall include an endorsement providing that coverage in favor of Lender will <br />not be impaired in any way by any act, omission or default of Trustor or any other person. Should the Real Property be located in an <br />area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area, Trustor agrees to <br />obtain and maintain Federa! Flood Insurance, if available, for the full unpaid principal balance of the loan and any prior lians on the <br />property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required <br />by Lender, end to maintain such insurance for the term of the loan. <br />Application of Proceeds. Trustor shall promptly notify Lender of any loss or damege 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 sny insurance and epply the proceeds to the reduction ofi the Indebtedness, payment of <br />any lien afifecting the Property, or the restoretion and repair of the Property. Ifi Lendar elects to apply the proceads to restoration and <br />repair, Trustor shall repair or replace the damaged or destroyed Improvements in a manner satisfactory to Lendar. Lender shali, upo� <br />satisfiactory proof of such expenditure, pay or reimburse Trustor from the proceeds for the reasonable cost of repair or restoraYion if <br />Trustor is noi 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 not committed to the repair or restoration of the Property shall be used first to pay any amount owing to Lender <br />under this Deed of Trust, then to pey accrued interest, and the remainder, if any, shall be epplied to the principal belance of the <br />Indebtedness. If Lender holds any proceeds after payment in full of the Indebtedness, such proceeds shaU be paid to Trustor as <br />Trustor's interests may appear. <br />Trustor's Report on lnsurance. Upon request ot Lender, however not more than once a year, Trustor shall furnish to Lender a report <br />on each existing policy of insurence showing: (1) the name of the insurer, (2} the risks insurad; (3), the amount of the policy; (4) <br />the property insured, the than current replacement value of such proparty, and .the manner of determining that value; and (5) the <br />eXpiration date of the policy. Trustor shaU, upon request .ofi Lender, have an independent appraiser satisfactory to Lender determine <br />the cash value replacement cost of the Property. • <br />LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lender's interest in the PPoperty or if <br />Trustor tails to comply with any provision ofi this Deed of Trust or any Related Documents, including but not limited to Trustor's failure to <br />discharge or pay when due any amounts Trustor is required to discharge or pay undar this Deed of Trust or any Related Qocuments, Lender <br />on Trustor's behalf may (but shall not be obligated to) take any action that Lender deems appropriete, including but not limited to <br />discharging or paying all taxes, liens, sacurity interests, encumbrances and other claims, et any time levied or piaced on the Property and <br />paying all costs for insuring, maintaining and preserving the Property. All such expenditures incurred or paid by Lsnder for such purposas <br />