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201207609
<br /> DEED OF TRUST
<br /> Loan No: 10004016 {Continued) Page 2
<br /> any such laws;and (2) agrees to indemnify,defend,and hold harmless Lender against any and all claims,losses,
<br /> liabilities,damages,penalties,and expenses which Lender may directly or indirectly sustain or suffer resulvng from
<br /> a breach of this section of the Deed of Trust or as a consequence 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 Rrovisions of this section of the Deed of Trust,
<br /> including the obiigation to indemnify and defentl,shall survive the payment of the Indebtedness and the satisfaction
<br /> and reconveyance 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 permit any nuisance nor commit, permit, or suffer any
<br /> sYripping 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 gas),coal,clay,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 arrengements satisfactory to Lender to replace such Improvements with Improvements of at least equal
<br /> value.
<br /> Lender's Right to Enter. Lender and LendePs agents and representatives may enter upon the Real Property at all
<br /> reasonable times to attend to Lender's irrterests and to inspect the Real Property for purposes of T�ustor's
<br /> co�rnpliance with the terms and conditions of this Deed ot Trust.
<br /> Compliance with Governmental Requirements. Trustor shall promptly camply with aIl 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#aith any such law,ordinance,or regulation and withholtl 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,Lender's interests in the Property are not jeopardized. Lender may require
<br /> Trustot to post adequate security 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 ap other
<br /> acts,in addition to those acts set forth above in ihis 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 this Deed of Trust�pon the sale or transfer,without Lender's prior written consent,of all or any part of the
<br /> Real Property,or any inte�est in the Real Properry. A"sale or ttansfer"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 tiy outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interest with a
<br /> term greater thah 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. 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 foilowing provisions relating to the tsxes and liens on the Property are part of this Deed of
<br /> Ttust:
<br /> Payment. Ttustor shall pay when due(and in all events ptior 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�endered 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 ofi
<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 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 arises or
<br /> is fiied 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 /> Lender,deposit with Lender cash or a sufficient corporate surety bond or other security saYisfactory to Lender in an
<br /> amount sufficieni to discharge the lien plus any costs and attomeys'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 atlditional obligee
<br /> under any surety bond furnished in the contesY proceedings.
<br /> Evidence ofi Payment. Trustor shall upon demand furnish 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 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 /> services are furnished,or any materials are supplietl 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 request of Lender
<br /> fumish to Lender advance assurances sati5factory to Lender that Trustor can and will pay the cost of such
<br /> improvements.
<br /> PROPER7'Y�AMAGE INSURANCE. The following provisions telating to insuring fhe Property are a part of this Deed of
<br /> Trust.
<br /> MaiMenance of Insurance. Trustor shall procure and maintain policies of fire insurance with standard extended
<br /> coverage endorsements on a replacement basis for ihe 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 shall be written in form, amounts, coverages and basis reaso�ably acceptable to Le�der and issued by a
<br /> company or companies reasona6ly 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,including stipulations that
<br /> coverages will not be cancelled or dimi.nished without at 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 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 agrees to o6tain 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 PYogram,or as otherwise required by Lentler,and to maintain such insurance for the term
<br /> of the loan.
<br /> Application of Proceeds. Trustor shall promptly notify Lender oi 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. Wfiether or noY Lender's
<br /> security is impaired,Lender may, at Lende�'s election,receive and retain the proceeds of any insurance and apply
<br /> the proceeds to the reduction of the Intlebtedness,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 or
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