Laserfiche WebLink
� _ Y l <br />�-����; <br />Loan No: 127907 <br />DEED OF TRUST <br />(Continued) <br />���1a�29� <br />i I ' ' '� <br />.. <br />Page 2 <br />Nuisance, Waste. Trustor shall not cause, conduct or parmit any nuisance nor commit, permit, or suffer any stripping of or waste on <br />or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Trustor will not remove, or grant to <br />any other party the right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock products <br />without Lender's prior written consent. <br />Removal of Improvements. Trustor shall not demolish or remove any Improvements from the Real Property without Lender's prior <br />written consent. As a condition to the rernovel of any Improvements, Lender may require Trustor to make arrangements satisfactory <br />to Lender to replace such Improvements with Improvements af at least aqual 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 inspect the Real Property for purposes of Trustor's compliance with the terms and conditions of <br />this Deed of Trust. <br />Compliance with Governmental Requirements. Trustor shall promptly comply with all laws, ordinances, and regulations, now or <br />hereafter in effect, of all governmental autho 'ties applicable to the use or occupancy of the Property, including without limitation, the <br />Americans With Disabilities,Act. Tr,ustor ma� contest in good faith any such law, ordinance, or regulation and withhold compliance <br />during any proceeding, including appropriate appeals, so long as Trustor has notified Lender in writing prior to doing so and so long as, <br />in Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender may require Trustor to post adequate security <br />or a surety bond, reasonably satisfactory to Lender, to protect 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 saction, which from the character and use of the Property are reasonably necassary 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 Property, or any interest in the <br />Real Property. A"sale or transfer" means the conveyance of Real Property or any right, title or interast 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, assignment, or transfer of any <br />beneficial interest in or to any land trust holding title to the Real Property, or by any other method of conveyance of en interest in the Real <br />Property. However, this option shall not be exercised by Lender if such exercise is prohibited by federal law or by Nebreska law. <br />TAXES AND LIENS. The following provisions relating to tha taxes and liens on the Property are part of this Daed of Trust: <br />Payment. Trustor shall pay when due (and in all events prior to delinquency) alI taxes, special taxes, assessments, charges (including <br />water and sewerl, fines and impositions levied against or on account of the Property, and shall pay when due all claims for work dona <br />on or for services rendered or material fumished to the Property. Trustor shall maintain the Proparty free of all liens having priority <br />over or equal to the interest of Lender undar this Deed of Trust, except for the lien of taxes and assessments not due and except as <br />otherwise provided in this Daed of Trust. <br />Right to Cantest. Trustor may withhald 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 filed as a result of nonpeyment, <br />Trustor shall within fifteen (15) days after the lien arises or, if a lien is filed, within fifteen (15) days aftar Trustor hes notice of the <br />filing, secure the discharge of the lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety 6ond or <br />other security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and permissible fees, or other charges <br />that could accrue as a result of a foreclosure or sale under the lian. In any contest, Trustor, shall defend itself and Lender and shall <br />satisfy any adverse judgment before enforcement against the Property. Trustor shall 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 peyment 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 fifteen (15) 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 ba asserted on <br />accounx of the work, services, or ►naterials. �"rustor 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 INSURANCE. 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 Improvements 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. Trustor shall also <br />procure and maintain comprehensive general liability insurance in such coverage amounts as Lender may request with Trustee and <br />Lender being named as additional insureds, in such liability insurance policies. Additionally, Trustor shall maintain such other <br />insurance, including but not limited to hazard; business interruption, and boiler insurance, as Lender may reasonably require. Policies <br />shall be written in form, amounts, coverage,'s and basis reasonably acceptable to Lender and issued by a company or companies <br />reasonably acceptable to Lender. Trustor, u�on request of Lender, will deliver to Lender from time to time the policies or certificates <br />of insurance in form satisfactory to Lender, rncluding stipulations that coverages will not be cancelled or diminishad without at least <br />ten (10) days.prior written notice to Lender. Each insurance policy also shall include an endorsement providing that coverage in favor <br />of Lender will not be impaired in any way by any act, omission or default of Trustor or any other person. Should the Real Property be <br />located in an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area, Trustor <br />agrees to obtain and maintain Federal Flood Insurance, if available, within 45 days after notice is given by Lender that the Property is <br />located in a special flood hazard area, for the full unpaid principal balance of the loan and any prior liens on the property securing the <br />loan, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required by Lender, and to <br />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 Proparty. 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 any insurance and apply the proceeds to the reduction of the Indebtedness, payment of <br />any lien affecting the Property, or the restoration and repair of the Property. If Lender 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 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 pay accrued interest, and the remainder, if any, shall be applied to the principal balance of the <br />Indebtedness. If Lender holds any proceeds afYer payment in full of fihe Indebtedness, such proceeds shall ba paid to Trustor as <br />Trustor's interests may appear. <br />Trustor's Report on Insurance. Upon request of Lender, however not more than once a year, Trustor shall furnish to Lender a report <br />on each existing policy of insurance showing: (1) the name of the insurer; (2) the risks insured; (3) the amount of the policy; (4) <br />the property insured, the then current replacement value of such property, and the manner of determining that value; and (5) the <br />expiration date of the policy. Trustor shall, upon requast of 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 Property or if <br />Trustor fails to comply with any provision of 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 under this Deed of Trust or any Related Documents, Lender <br />on Trustor's behalf may (but shall not be obligated to) take any action that Lender deems appropriate, including but not limited to <br />discharging or paying all taxes, liens, security interests, encumbrances and other claims, at any time levied or placed on the Property and <br />paying all costs for insuring, maintaining and preserving the Property. All such expenditures incurred or paid by Lender for such purposes <br />will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of rapayment by Trustor. All <br />