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201200919
<br /> DEED OF �'RUST
<br /> Loan No: 10000758 �Contlnued) Page 2
<br /> any such laws;and (2) agrees to indemnify,defend,and hold harmless Lender against any and alI claims,losses,
<br /> liabilities,damages,penalties,and expenses which Lender maV directly or indirectiy susYain or suffer resulting from
<br /> a breach of this section of the Deed of Trust or as a consequenee of any use,generation,manufacture,storage,
<br /> disposal,release or threatened release occurring prior to Trustor's ownership or interest in the Property,whether or
<br /> not the same was or should have been known to Trustor. The provisions of this section of the Deed of Trust,
<br /> induding the obligation to indemnify and defend,shall survive the payment of the Indebtedness and the satisfaction
<br /> and reconveyance of the lien of this Deed of Trust and shail not be affected�hy Lender's acquisition of any interest
<br /> � in the Property,whether hy foreclosure or othe�.rwise.
<br /> Nuisance, Waste. Trustor shall not cause, conduct or permit any nuisance nor commit, permiL or suffet any
<br /> svipping of or waste on or to the Property or any portion of the Property. Without limiting the generality of the
<br /> forego�ing,Trustor will not remove,or grant to any other party the right to remove,any timber,minerals(including
<br /> oii and gas),coal,clay,scoria,soil,gravel or rock products without Lender's prior written consent.
<br /> Remova[of Improvements. Trustor shall not demolish or remove any Improvements from the Real Property without
<br /> LendePs prior written consent. As a condition io the removal of any Improvements,Lender may require Trustor to
<br /> make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal �
<br /> value.
<br /> Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all
<br /> reasonable times to attend to Lender's interests and to inspect the Real Property for purposes of T�ustor's
<br /> compliance with the terms and conditions of this Deed of Trust�.
<br /> Compliance with Governmental Requirements. Trustor shall promptly comply with all laws, ordinances, and
<br /> regulations, now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the
<br /> Property. Trustor may contest in good faith any such law,ordinance,or regulation and withhold compliance during
<br /> any proceeding, including appropriate appeals, so long as Trustor has notified Lender in writing prior to doing so
<br /> and so long as,in Lender's sole opinion,Lentler's interests in the Ptoperty are not jeopardized. Lender may require
<br /> Trustor to post adequate security or a suret}!bond,reasonably satisfactory to Lender,to protect Lender's interest.
<br /> Duty to Protect. Trustor agrees neither to aband�on or leave unattended the Property. TrusYor shall do all other
<br /> acts,in addition to those acts set forth above in this section,which from the character and use of the Property are
<br /> reasonably necessary to protect and preserve tfie Property.
<br /> DUE ON SALE-CONSENT BY LENDER. Lender may,at Lenders option,dectare immediately due and payable ail sums
<br /> secured by this Deed of Trust upon the sate or transfer,without Lender's prior written consent,of all or any part of the
<br /> Real Property,or any interest in the Real Property. A"sale or transfer"means the conveyance of Real Property or any
<br /> right, title or interest in the Real Property; whether legai, beneficial or equiYable; whether voluntary or i�voluntary;
<br /> whether by outrighi sale, deed, installment sale contract,land contract, contract for tleed, leasehold interest with a
<br /> term greater than three(3}years,lease-oprion contract,or by sale,assignment,or transfer of any ber�eficial interest in
<br /> or to any land trust holding title 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 federal law or tiy
<br /> Nebraska law.
<br /> TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Deed of
<br /> Trust:
<br /> Payment. Trustor shall pay when due(and in all events prior to delinquency)all taxes,special taxes,assessmentS,
<br /> charges(including water a�d sewer),fines and imposRions levied againsi or on account of the Property,and shall
<br /> pay when due all claims for work done on or for services rendered or material furnished to the Property. Trustor
<br /> shall maintain the Property free of all liens liaving priority over or equal to the interest of Lender under this Deed of
<br /> Trust,except for the lien of taxes and assessments not due, except for the Existing Indebtedness referred to
<br /> below,and except as otherwise provided in this Deed of Trust.
<br /> Right to Contest. Trustor may withhold payment of any tax,assessment,or daim in connection with a good faith
<br /> dispute over the obligation to pay,so long as Lender's interest in the Properry is not jeopardized. If a lien arises or
<br /> is filed as a result of nonpayment,Trustor shall within fifteen (15) days aher the lien arises o�, if a lien is filed,
<br /> within fifteen (151 days after Trustor has notice of the filing,secure the discharge of the lien,or if requested by
<br /> Lender,deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an
<br /> amount sufficient to discharge the lien plus any costs and attorneys'fees,or oiher charges that could accrue as a
<br /> result of a foreclosure or sale under the lien. In any contest,Trustor shall defend itself and Lender and shall satisfy
<br /> any adverse judgment before enforcement against the Property. Trustor shall name Lentler as an atlditional obligee
<br /> under any surety bond furnished in the contest proceedings.
<br /> Evidence of Payment. Trustor shall upon demand fumish to Lender satisfactory evidence of payment of the taxes
<br /> or assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written
<br /> statement of the taxes and assessments against the Property.
<br /> Notice of Construetion. Trustor shall notify Lender at least fifteen(15)days before any work is commenced, any
<br /> services are fumished;or�any materials are supplied to the Property,if any mechanic's lien,materialmen's lien,or
<br /> other lien could be asserted on account of the work,services,or materials. Trustor will upon reques'[of Lender
<br /> furnish to Lender advance assurances satisfactory to Lender that Trustor can and will pay the cost of such
<br /> improvements.
<br /> PROPERTY DAMAGE INSURANCE. The fiollowing provisions relating to insuring the Property are a part of this Deed of
<br /> Trust.
<br /> Maintenance of Insurance. Trustor shall procure and maintain policies of fire insurance with standard extended .
<br /> coverage endorsements on a replacement basis for the full insurable value covering all Improvements on the Real
<br /> Property in an amount sufficient to avoid application of any coinsurance clause,and with a standard mortgagee
<br /> clause in favor of Lender,together with such other hazard and liability insurance as Lender may reasonabiy require.
<br /> Policies shall be written in form, amounts,coverages and basis reasonably acceptable to Lender and issued 6y a
<br /> company or companies reasonably acceptable to Lender. Trustor,upon request of Lender,will deliver to Lender
<br /> from time to time the policies or certificates of insurance in form satisfactory to Lender,induding stipulations that
<br /> coverages will not be cancelled or diminished without a[least ten (10) 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
<br /> in any way by any act,omission or default of Trustor or any other person. Should the Real Properiy be located in
<br /> an area designated tiy the Director of the Federal Emergertcy Management Agency as a special flood hazard area,
<br /> Trustor agrees to obtain and maintain Federal Flood Insurance,if available,within 45 days after notice is given by
<br /> Lender that the Property is located in a special flood hazard area,for the full unpaid principal balance of the loan
<br /> and any prior liens on the property securing the loan,up to the maximum policy limits set under the National Flood
<br /> Insurance Program,or as otherwise required by Lender,and to maintain such insurance for the term of the loan.
<br /> Application of Proceeds. Trustor shafl promptly notify Lender of any loss or damage to the Property. Lender may
<br /> make proof of loss if Trustor fails to do so within fifteen �15) days of the casualty. Whether or not Lender's
<br /> security is impaired,Lender may,at Lender's election,receive and recain the proceeds of any insurance and appty
<br /> the proceeds to the reduction of the Indebtedness,payment of any lien affecting the�Property,or the restoration
<br /> and repair of the Property. If Lender elects to apply the proceeds to restoration and repair,Trustor shall repair oF
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