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201206526
<br /> DEED OF TFiUST
<br /> Loan No: 10003471 (Continued) Page 2
<br /> liabilities, damages, penalties,and expenses which Lender may directly or indirectly sustain or suffer resulting from
<br /> a breach ofi this section ofi tne Deed of Trusi or as a consequence of any use, generation, man�ufacture> stotage,
<br /> disposal, release or threatened release oceurring 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 ofi this section of the Deed of Trust,
<br /> includ�ing the obFigation to indemnify and defend,shall survive the payment of the Indebtedness and the satisfactiort
<br /> and reconveyance of the lien of this Deed.of Trust and shall not be afFected by Lender's acquisition of any inte�est
<br /> in the Property,whether by foreclosure o�r otherwise.
<br /> Nuisance. Waste. Trustor shall not cause, conduct or permiY 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 generatity of the
<br /> foregoing, Trustor will not remove, or grant to any other party the right to remove, any tim6er, minerals (including
<br /> oil and gas), coal, clay, scoria, soil, gravel oe rock products without Lender's prior written consent.
<br /> Removal of Improvements. Trustor shall not demofish ot remove any Improvements from the Real Property without
<br /> Lender's prior w:ritten consent. As a condition to the removal of any Improvements, Lender may require Trustor to
<br /> make arrangements satisfiactory to Lender to replace such Improvements with Improvements ofi 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 ofi Trustor's
<br /> compliance with the terms and conditions of tnis Deed of Trust.
<br /> Compliance with Govemmental Requirements. Trustor shall promptly comply with all laws, ordi.nances, and
<br /> regulations, now or hereafter in effect, of all governmental authorities applicable to ihe use or occupancy of the
<br /> Property. Trustor may coMesY in good faith any such law, ordinance, or regulation and withhold compliance during
<br /> any proceeding, induding appropriate appeals, so long as Trustor has notified Lender in writing prior to doi�ng so
<br /> and so long as, in Lender's sole opinion, Lendet's intetests in tne Property are not jeopardized. Lender may requi:re
<br /> Trustor to post adequate security or a surety bond, reasonably satisfactory to Lender,to protect Lender's interest.
<br /> Duty to Proteot. Trusior 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 /> DUE ON SALE-CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums
<br /> secured by tnis Deed of Trust upon the sale or transfer, without Lender's prior written consent, of all or any part of the
<br /> Real Prope�ty, or any interest in the Real Property. A "sale or transfier" means the conveyance of Real Property or any
<br /> rignt, title or interest in the Real Property; whether lega�l, beneficial or equitable; whether volunYary or involuntary;
<br /> whether by outright sale, deed, installmeni sale contract, land coMract, contract for deed, leasehold interest.with a
<br /> term greater tnan three (3) years, lease-option co�tract, 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 meihod of conveyance of an inte�est 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 relating to the taxes and liens on rthe Property are part of this Deed of
<br /> Trust:
<br /> Payment. Trustor shatl pay when due (and in all events prior to delinquency) aIl taxes,special taxes, assessments,
<br /> charges (induding wate�and sewer), fines and impositions levied aga.inst or on account of the Property, and shall
<br /> pay when due all dairns 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 fior the lien of taxes and assessments not due, except for the F�cisting 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 iax, assessmeM, or daim in connecYion with a good faitn
<br /> � dispute over the obligation to pay, so long as Lender's interest in the Property is not jeopardized. If a lien arises or
<br /> is filed as a result of nonpayment, Trustor shall within fifteen ('15) tlays after the lien arises or, if a Iien 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 sufificient corporate surety bond or other security satisfactory to Lender i�n an
<br /> amount sufficient to discharge the lien plus any costs and attorneys' fees, or other cna[ges tnat could accrue as a
<br /> resuk of a foreclosure or sale under the lien. In any contest,Trustor shall defend itself and Lender and shall satisfy
<br /> any adverse judgment befiore enforcement against the Property. Trustor shall name Lender as an additional obligee
<br /> under any surety bond fumished in the contest proceedings.
<br /> Evidence of Payment_ Trustor shall upon demand furnish io Lender satisfactory evitlence 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 notiiy Lender at least fifteen (95) days before any work is commenced, any
<br /> � services are furnished, or any materials are supplied to the Prope:rty, if any mechartic's lien, materialmen's lien, or
<br /> otiher lien could be asserted on account of the work, services, or materials. Trustor will upon request of Lender
<br /> furnish to Lender advance assurances satisfiactory 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 Property are a part of this Deed of
<br /> Trust.
<br /> Maintenance of Insurance. Trustor shall procure and maintain policies ofi 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 reasonably require.
<br /> Policies sha❑ be written in form, amounts, cove��rages and basis reasonably acceptable to Lender and issued by a
<br /> company or companies reasonably acceptable to Lender. Trus�tor, u:pon request of Lender, will deliver to Lender
<br /> from time m time the policies or certificates of insurance in form satisfactory to Lender, including stipulations that
<br /> coverages will not be cancelled or diminished without at least ten (10) days p�ior written notice io 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 Property be located in
<br /> an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area,
<br /> Trustor agYees 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 Iimits set under the
<br /> National Flood Insurance Program, or as otherwise required by Lender, and to maintain such insurance 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 ofi 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 reta�in the proceeds of any insurance and apply
<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 a:pply the proceeds to restoratiort and repair, Trustor shall tepair or
<br /> replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon
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