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DEED OF TRUST
<br />(Continued) 2 012 0 0 9�°� Pe 2
<br />any such laws; and (2) agrees to indemnify, defend, and hold hermleas Lender against any and all clalms, losses,
<br />Ilabilities, damages, penalties, and expensea which Lender may directly or Indirectly sustain or suffer result(ng from
<br />a breach of this section of the Deed of Trust or as e consequence of any use, generation, manufacture, storege,
<br />disposel, 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 thls section of the Deed of Trust,
<br />including the obligation to indemnify and defend, shall survive the payment of the Indebtedness and the satisfaction
<br />and reconveyance of the Ifen of this Deed of Trust and shall not be affected by Lender's acquisition of any interest
<br />in the Property, whether by foreclosure or otherwise. '
<br />Nuisance, Waste. Trustor shall not ceuse, conduct or permit any nuisance nor commit, permit, or suffer any
<br />stripping of or waste on or to the Property or any portion of the Property. Without limiting the generality of the
<br />foregoing, Trustor will not remove, or grent to any other party the right to remove, any timber, minerals (including
<br />oil and gas), coal, clay, scoria, soil, grevel or rock products without Lender's prior written consent.
<br />Removal of Improvements. Trustor shall not demolish or remove any Improvements from the Real Property without
<br />Lender's prior written consent. As a condition to 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 intereats and to inspect the Real Property for purposes of trustor's
<br />compliance with the terms and conditions of this Deed of Trust.
<br />Compliance with Qovernmental Requlremer�ts. Trustor shall promptly comply with all laws, ordinances, and
<br />reguletions, now or hereafter in effect, of all governmental authorities epplicable to the use or occupancy of the
<br />Property, including without limitatlon, the Americens With Disebilities Act. Trustor may contest in good faith any
<br />such lew, ordinance, or regulation and withhold comp�iance during any proceeding, including eppropriate appeals,
<br />so long as Trustor has notified Lender in writing prior to doing so end so long as, in Lender's sole opinion, Lender's
<br />interests in the Property are not jeopardized. Lender may require Trustor to post adequate security or e surety
<br />bond, reasonebly 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
<br />ects, in addition to those acts set fonh above in this section, which from the character and use of the Property are
<br />reasonably necessary to protect and preserve the Property.
<br />DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and peyable all sums
<br />secured by this Deed of Trust upon the sale or transfer, without Lender's prtor 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 legal, beneficial or equitable; whether voluntary or involuntary;
<br />whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interest with a
<br />term greater than three (3) years, lease-option contract, or by sale, assignment, or transfer of any beneficial 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. It any Trustor is a corporation, partnership or limited liability company, transfer also includes any change in
<br />ownership of more than twenty-five percent (26%) of the voting stock, partnership interests or limited liability company
<br />interests, as the case may be, of such Trustor. However, this option shall not be exercised by Lender if such exercise
<br />is prohibited by federal law or by 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 />Paymerrt. Trustor shall pay when due (and in ail events prior to deHnquency) all taxes, special taxes, assessments,
<br />charges (including water and sewer), fines and impositions levied against 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 />shell maintain the Property free of all Ilens hav(ng 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 and except as otherwise provided in this Deed of
<br />Trust.
<br />Right to Contest. Trustor may withhold payment of any tex, assessment, or claim in connection with a good faith
<br />dispute over the obligation to pay, so long es Lender's interest in the Property is not jeopardized. If a lien arises or
<br />is filed as a result of nonpayment, Trustor shall withln fifteen (1b) days after the lien arises or, if a lien is filed,
<br />within fifteen (15) 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 eny costs and ettorneys' fees, or other charges that could accrue as a
<br />result of a foreclosure or sale under the Ilen. In eny contest, Trustor shall defend itself and Lender and shall satisfy
<br />any adverse judgment before enforcement egeinst the Propeny. Trustor shell name Lender as an additional obligee
<br />under any surety bond furnished in the contest proceedings.
<br />Evidence of Payment. Trustor shall upon demand furnish 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 ageinst the Property.
<br />Notice of Construction. Trustor shall notify Lender at least fifteen (15) days betore any work is commenced, any
<br />services are furnished, or any matertals are supplied to the Property, if any mechanic's 11en, materialmen's lien, or
<br />other lien could be asserted on account of the work, services, or materials. Trustor will upon request 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 following provisions relating to insuring the Properry are a part of this Deed of
<br />Trust.
<br />Malntenance of Insurance. Trustor shall procure and maintein policies of flre insurance with standerd extended
<br />coverage endorsements on e fair value besia for the full insureble value covering all lmprovements on the Real
<br />Property fn an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee
<br />clause in fevor of Lender. Trustor shall also procure and maintain comprehensive general liability insurance in such
<br />coverage amounts as Lender mey request with Trustee end Lender being named as additional insureds in such
<br />liability insurence policies. Additionally, Trustor shall maintain such other insurance, including but not limited to
<br />hazard, business interruption, and boiler insurance, as Lender may reasonably require. Policies shall be written in
<br />form, amounts, coverages and basis reasonably acceptable to Lender and issued by a company or companies
<br />reasonably acceptable to Lender. Trustor, upon request of Lender, will deliver to Lender from time to time the
<br />policies or certificates of insurance in form satisfactory to Lender, including stipulations thet coverages will not be
<br />cancelled or diminished without et least thirry (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,
<br />omission or default of Trustor or any other person. Should the Real Property be loaated in an area designated by
<br />the Director of the Federel Emergency Management Agency as a apecial fiood haaard area, Trustor agrees to obtain
<br />and maintain Federal Fiood Insurence, if available, for the full unpaid principal belance of the loan and any prior
<br />liens on the property securing the loan, up to the maximum po8cy limits set under the National Flood Insurance
<br />Program, or as otherwise required by Lender, and to maintain such insurance for the term of the loen,
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