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DEED OF TRUST
<br />(Continued) � p i2 a���� Page 2
<br />to any other person. The representatlons and warranties contained herein are based on Trustor's due dilfgen� in
<br />investigating the Property for Hazardous Substances. Trustor hereby (1) releases and waives any future claims
<br />against Lender for indemnity or contributfon in the event Trustor �mes Ilable for cleanup or other costs under
<br />any such laws; and (2) agrees to indemnfiy, defend, and hold harmless Lender against any and all claims, losses,
<br />IiabiliUes, damages, penalUes, and e�enses which Lender may directly or indirectly sustain or suffer resulting from
<br />a breach of thfs section of the Dced of Trust or as a consequenc�e of any use, generation, manufacture, storage,
<br />disposal, retease or threatened release occurring prior to Trustor's ownership or interest in the Property, whether or
<br />not the sarr� was or should have been known to Trustor. The provisions of this section of the Deed of Trust,
<br />including the obligaUon to indemnffy and defend, shall survive the payment of the Indebtedness and the satisfaction
<br />and re�nveyance of the lien 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 cause, conduct or permft 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 Ifmitfng 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 gas), coal, clay, scorfa, sofl, gravel or rock products without Lender's prfor written consent.
<br />Removal of Improvements. Trustor shall not demoUsh 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 equat
<br />value.
<br />Lende�'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 fnspect the Real Property for purposes of Trustor's
<br />compliance wfth the terms and conditions of this Deed of Trust.
<br />Compliance wlth Governmental Requlrements. Trustor shall promptly comply with all laws, ordinances, and
<br />regulations, now or hereafter in effect, of all govemmental authorfties 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 notifled Lender in writing prior to doing so
<br />and so long as, in Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender may require
<br />Trustor to post adequate securiry 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
<br />acts, in addition to those acts sef forth above in this section, which from the charader 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 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 fn the Real Property. A"sale or transfer" means the conveyance of Real Property or any
<br />right, title or interest in the Real Properly; whether legal, beneflcfal or equitable; whether voluntary or involuntary;
<br />whether by outright sale, deed, installment sale contrect, land contract, contract for deed, leasehold interest with a
<br />term greater than three (3) years, lease-optfon contract, or by sale, ass(gnment, or transfer of any beneflcial 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 by
<br />Nebraska law.
<br />TAXES AND LIENS. The following provisions relatlng to the taxes and Iiens on the Properly are part of this Deed of
<br />Trust:
<br />Payment Trustor shall pay when due (and in all events prior to delinquenc.y) all taxes, special taxes, assessments,
<br />charges (including water and sewer), flnes and imposftfons 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 fumished to the Property. Trustor
<br />shall mafntain the Property free of all Ifens having prfority 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 otherwfse provided in this Deed of Trust. �
<br />Rlght 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 Lenders interest in the Properiy is not jeopardized. If a I(en arises or
<br />is filed as a result of nonpayment, Trustor shall within flfteen (15) days after the lien arises or, if a lien is filed,
<br />within fifteen (15) days after Trustor has notic� of the filing, secure the discharge of the Ifen, or if requested by
<br />Lender, deposit with Lender cash or a sufflcfent corporate surety bond or other security sat(sfactory to Lender in an
<br />amount sufficient to discharge the Iien plus any costs and attorneys' fees, or other charges that could accrue as a
<br />result of a foreclosure or sale under the Iien. In any contest, Trustor shall defend itself and Lender and shall satisiy
<br />any adverse judgment before enforcement against the Properly. Trustor shall name Lender as an addi�onal 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 govemmental official to deliver to Lender at any time a wrltten
<br />statement of the taxes and assessments agafnst the Property.
<br />Notice of Constructlon. Trustor shall notify Lender at least flfteen (15) days before any work is commenced, any
<br />services are furnished, or any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or
<br />other Iien could be asserted on account of the work, services, or mater(als. Trustor will upon request of Lender
<br />fumish to Lender advance assurances satisfactory to Lender that Trustor can and wfll pay the cost of such
<br />fmprovements.
<br />PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Deed of
<br />Trust.
<br />Malntenance of Insurance. Trustor shall procure and maintain policies of flre 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 coinsuranc� clause, and with a standard mortgagee
<br />clause in favor of Lender, together with such other hazard and liability insurance as Lender may reasonably require.
<br />Policies shall be written in form, amounts, coverages and basis reasonably acceptable to Lender and issued by a
<br />company or companies reasonably acceptable to Lender. Trustor, upon request of Lender, w(II deliver to Lender
<br />from time to time the polic(es or certiflcates of insurance in form satisfactory to Lender, including stipulaUons that
<br />coverages will not be cancelled or diminished without at least ten (10) days prior written nodce to Lender. Each
<br />insurance policy also shall include an endorsement providing that coverage in favor of Lender w(II not be Impaired
<br />in any way by any act, omission or default of Trustor or any other person. Should the Real Property be located in
<br />an area designated by the Director of the F�eral Emergency Management Agency as a spec(al flood hazard area,
<br />Trustor agrees to obtain and maintain Federal Flood Insurance, if available, for the full unpaid principal balance of
<br />the loan and any prior liens on the property securing the loan, up to the maximum policy limits set under the
<br />National Flood Insurance Program, or as otherwise required by Lender, and to maintain such insuranc:e for the term
<br />of the loan.
<br />Application of Proceeds. Trustor shall 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 flfteen (15) days of the casualty. Whether or not Lender's
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