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�011064�� <br />t}EED OF TRUS7 <br />Loan No: 9009 (Colltinuedy Page 3 <br />compliance with the terms and conditions of this Deed of Trust. <br />Comptiance with Governmenta[ Requirements. Trus2or shall promptly compiy with all taws, ordinances, and <br />regulations, now or hereafter in effect, of ail gavernmente! authorities applicabte to ihe use or occupanoy oi the <br />Property, including without limitation, the Americans With Disabilities Act. Ttustor may contest in good faith any <br />such law, a�dinance, or regulation and withhold compiiance during any proceeding, inctuding appropriate appeals, <br />so long as Trustor has notitiad Lender in writing prior to doing so and so long as, in Lander's sole opinion, l.ender's <br />interests in the Property are not jeopardized. Lender may require Trustor to post adequate seaurity or a surety <br />bond, reasonably satisfactory to lender, to protect Lender's inierest. <br />Duty to Protect. Trustor agrees neither to abandon or leave unaitended the Property. Trustor shall do aEl other <br />acts, in eddition to those acts set forth above in this section, which from the character and use of ihe Property are <br />reasonably necessary to protect and preserve the Property. <br />Construction Loan. If some or all of the procee8s of the loan creating the tndebtedness are to be used to construct <br />ar oomplete construction of any Improvements on the Property, the Improvements shall be completed no later th�n <br />the maturity date of the Note {or such earlier date as Lender may reasonably establish� and Trustor shall pay in fuil <br />ali costs and expenses in connecYton with the work. Lender will disburse ioan proceeds under such terms and <br />conditians as Lender may deem reasonably neoessary to insure that the interest cteated by this Deed of 7rust shall <br />have priority over all possible liens, including thase of materiel suppl#ers end workmen. Lender may require, among <br />other thi�gs, ihat disbursement requests be supported by receipted bills, expense affidavits, waivets of iEens, <br />construciion progress reports, and such ether documentation as Lender may reasonably request. <br />DUE OIV SALE • COIVSENT 8Y tENDER. Lender may, at lender's option, dectare immediately due and payable all sums <br />secured by this Deed of 7rust upon the sale or transfar, without Lender's prior written cansent, of all or any part ot tha <br />Reai Prope�ty, or any interesi in the Real proparty. A"sale or transfer" means the conveyance of Real Property or any <br />right, title or interest in the Real Property; whether legal, baneficial or equitsble; whether valuntary or invoiuntary; <br />whether by outright sale, deed, installment sale contract, land coniract, contract for deed, leasehold interest with a <br />term greater than thrse (3} ysara, lease-option contract, or by sale, essignment, or transfer of any beneficial interest in <br />or to any land irust holding title to the Reai Property, or by any other method ef conveyance of an inEerest in the Reat <br />Property. ii any Trustor is a corporation, partnership or lirnited liability company, ttansfer also includes any change in <br />ownership of more than twenty-five percer�t �25a/oJ of the voting stxk, partnarship interests ar limited liabilky company <br />interests, as the case may be, of such Trustor. Flowever, this option shall not be exercised by 3.ender if such exercise <br />is prohibited by tederal ieva ar by Nsbraska law. <br />TAXES AND LIENS. The following provisions raEating to the taxes and liens on the Psoperty are part oi this Deed of <br />Trust: <br />Payment. Trustor shail pay when due {antJ in ali events prior to delinquency� a21 taxes, specisl taxes, assessments. <br />cherge9 (including water and sewer), fines and impositions Ievied against or on acoount of the Prapeny. and ahall <br />pay whan due all claims for work done on or for services rendered or meterial furnished to the Property. Trustor <br />shall maintain the Property frea of all liens having priority over ar equal to the interest of Lender under this Deed of <br />Trust, except tor the lien of taxes and assessments not duo and except as otherwise provided in this peed of <br />Trust. <br />Right to Contest, Trustor may withhold payment of eny tax, assessme�t, or claim in connection witA a qoad Taith <br />dispute over the obligetion to pay, so long as Lender's intsrest in the Property is not jeopa�dized. if a lien arises or <br />is filed as a result of nonpayment, Trustor shall within tifteen (15) days after the lien arises or, if a Iien is filed. <br />within fiiteen (1b� days affer Trustor has noiice of the filing, secure the discharge of tha lien, or if tequested by <br />Lender, deposit with Lander cash or a suffiCient corporate surety bond or ather securiiy satisfactory to lender in en <br />amount sufficient to discharge ihe lien pfus any casts and attorneys' fees, or aiher cherges that could accrue es a <br />result af a foreclosure or sale under the lien. In any contest, Trustor shatf defend itself and Lender and shell saiisiy <br />any adverse judgment beFore enforcement against the Property. Trustor shall name Lender as an additiOnal obl'sgee <br />under any surety bpnd iurnished in the contest praceedings. <br />Evidencs of Payment. 7rustor shal# upon demand furnish to Lender satisfactory evidence of payment ot the taxes <br />or assassments and shall authoriza the appropriate goverrtmental official to deliver to l.ender at any tirne a written <br />statoment of the taxes and asseasments ageinst the Proparty. <br />Natice of Construction. Trustor shall notify Lender at least illteen (35] days before any work is commenced, any <br />services are furnished, or any materials are supplied to tltie P+'operty, ii any mechanic's tien, materialmen's lien, or <br />other Iien coutd be asserted an account of the work, servicos, or materials. Trustor w+ll upan request of Lender <br />furnish to Lendsr advance assurances satisfactory ta tender that Trustor can and will pay the cost at such <br />improvements. <br />PROPER7Y DAMAOE lNSURANCE. Tho fo�#owing p�ovisions releti�g to i�suring the Property are a part of this Deed of <br />Trust. <br />Malntenance of lnsurance. Trustor shai! proCUre and maintain policies of €ire insurance with standard axtendsd <br />coverage endorsements on a repiacernent basis for the full ir�surabfe value covering all Improvements on the Reaf <br />Proparty in an amount suificient to avoid application of any aoinsurance clause, and with a standard mortgagee <br />clause in favor of Lender, Trustor shali aiso procure and maintain comprehensive gensral Iiabiiity insurance in seach <br />