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DEED OF TRUST <br />Loan No: 101249158 �� � (COtltinued) 2 012 010 4 4 Page 3 <br />Nuisance, Waste. Trustor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer eny <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 grant to any other party the right to remove, any timber, minerals (including <br />oil and gas1, coal, ciay, scoria, soil, gravel 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 interests 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 Governmental Requirements. Trustor shall promptly comply with ell laws, ordinances, and <br />regulations, now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the <br />Property, including without limitation, the Americans With Disabilities Act. Trustor may contest in good faith eny <br />such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, <br />so long as Trustor has notified Lender in writing prior to doing so and 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 a surety <br />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 <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 the Property. <br />Construction Loan. If some or all of the proceeds of the loan creating the Indebtedness are to be used to construct <br />or complete construction of any Improvements on the Property, the Improvements shall be completed no later than <br />the maturity date of the Note (or such earlier date as Lender may reasonably establish) and Trustor shall pay in full <br />all costs and expenses in connection with the work. Lender will disburse loan proceeds under such terms and <br />conditions as Lender may deem reasonably necessary to insure that the interest created by this Deed of Trust shall <br />have priority over all possible liens, including those of material suppliers and workmen. Lender mey require, among <br />other things, that disbursement requests be supported by receipted bills, expense affidavits, waivers of liens, <br />construction progress reports, and such other documentation as Lender may reasonably request. <br />DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums <br />secured by this Deed of Trust upon the sale 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 legal, beneficial or equiteble; 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. If any Trustor is a corporation, partnership or limited liability compeny, trensfer also includes any change in <br />ownership of more than twenty-five percent (25%) 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 />Payment. Trustor shall pay when due (and in all events prior to delinquency) all taxes, special taxes, assessments, <br />charges (including water and sewerl, 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 />shall maintain the Property free of all liens having 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 tax, assessment, or claim in connection with a good faith <br />dispute over the obligation to pay, so long as Lender's interest in the Property is not jeopardized. If a lien erises or <br />is filed as a result of nonpayment, Trustor shall within fifteen (15) 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 />Lendar, deposit with Lender cash or a sufficient corporete surety bond or other security satisfactory to Lender in an <br />amount sufficient to discharge the lien plus any costs and attorneys' fees, or other 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 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 against the Property. <br />Notice of Construction. Trustor shall notify Lender at least fifteen (15) days before any work is commenced, any <br />