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201207757
<br /> DEED OF TRIJST
<br /> Loan No: 10003950 (Contenued) Page 2
<br /> against Lender for indemnity or contribution in the event Trustor becomes Iiable for cleanup or other costs under
<br /> any such faws; and (2? agrees to indemnify, defend; and hold harmiess Lender against any and all cia:ims, losses,
<br /> liabilities, damages, penalti�es, and expenses which Lender may directly or indirectly sustain or suifier resulting from
<br /> a breach of this section ofi the Deed of Trust or as a consequence ofi any use, generation, manufiacture, storage,
<br /> disposal,release or threatened release occurring prior to Trustor's ownership or interest in the Property, whethe�or
<br /> not the same was or should have been known to Trustor. The provisions of this section of the Deed of Trust,
<br /> including the obligation to indemnify and defend,shall survive the payment of the Indebtedness and tne satisfiaction
<br /> and reconveyance of the lien of this Deed of Trust and snall not be affected by Lender's acquisition of any interest
<br /> in.the Property,whether by fiore�closure or otherwise_ �
<br /> IVuisance. Waste. Trustor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any
<br /> stripping ofi or waste on or to the Property or any portion of the Property. Without limiiing the generality of the
<br /> foregoing, Trustor will no'[remove, or grant to any other party the �ight to remove, any timber, minerals (i�n�duding
<br /> oil a:nd gas), coai, clay, scoria, soil, gravel�or rock products without Lender's prior written consent.
<br /> Removal of Improvements. Trustor shali not demolish or remove any Improvements from the R:eal Property without
<br /> Lender's prior written consent... As a condition to the removal of any Impeovements, Lender may require Trustor to
<br /> make aYrang�emeMs 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 /> Complfance with Governmental Requirements. Trustor shail promptly com:ply with all laws, ordinances, and
<br /> regulations, now or hereafter in effect, of all governm�.ental authorities a.ppiicable to the use or occupancy of the
<br /> Property. Trustor may contest in good faith any such law, ord�inance,or regulation and withhoid compliance during
<br /> any proceed5ng, including appropriate appeals, so long as Trustor has notified Lender i�.n writing prior to doing sa
<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 security or a surety bond, reasonably satisfactory to Lender, to protect Lender's iMerest.
<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 tne Property are
<br /> reasonably necessary to protect and preserve the Property.
<br /> DUE ON SALE-CONSENT BY LEIVDEi�_ Lender may, at Lender's option, declare immediately due and payable ali 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 inierest in the Real Property; whether legal, beneficial or equitable; whether vnluntary or involuntary;
<br /> whether by outright sale, deed, installment sale contract, land contract, contract fior deed, isasehold interest with a
<br /> terrn greate;than three (3) years, lease-.option contract, or by sale, assignment, or transfer of any beneficial interest i�n
<br /> or Yo any land trust holding tiile to the Real Property, or by any other method ofi conveyance of an interest in the Real
<br /> Property. However, this option snall not be exercised by Lender if such exercise is prohibited by federaf law or by
<br /> Nebraska law.
<br /> TAXES AND LIENS.. The following provisions relating to the taxes and liens on the Peoperty are part ot this Deed of
<br /> Trust:
<br /> Payment. Trustor shall pay when due (and in all events prior to delinq�uency) all taxes, special taxes, assessments,
<br /> charges (incl.uding water and sewer), fines and impositions tevied against or on account of the Property, and shaii
<br /> pay when due all ciaims for work done on or fior services rendered or material furnished to the Property. Trustor
<br /> shall maintain the Property free of alt liens having priori2y over or equal to the interest of Lender under this Deed of
<br /> Trust, except for the lien of taxes and assessm�ents not due, except for the Existing Indebtedness referred to
<br /> below, and except as otnerwise 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 fa"ith
<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) days after the lien arises or, if a lien is filed,
<br /> within fifteen (15) days after Trustor has notice of ihe filing, secure the discharge of �the fien, or if requested by
<br /> Lender, de�posit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an
<br /> amount sufficient tio discharge the lien plus any costs and attorneys' fees, or other charges that could accrue as a
<br /> result of a foredosure ar sale under the lien, In any contest, Trustor shall defend itselfi arid Lender and shall satisfiy
<br /> any adverse judgmenti before enforcement against the Property: Trustor snall name Lender as an a.ddition�al obiigee
<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 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 befo�re any work is commenced, any
<br /> services are furnished, or any materi.als are supplied to the Prope�ty, 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 /> furnish to Lender advance assurances satisfactory to Lender that Trustor can and wilf. pay the cosY of such
<br /> improvements.
<br /> PROPERTY DANiAGE 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 of 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 applica#ion of any coinsurance clause, and with a standard mortgagee
<br /> clause in favor ofi Lender, together with such other hazard and liability insurance as Lender may reasonably require.
<br /> Policies shall be written i.n form, amounts, coverages and basis reaso�nably accepta6le to Lender and issued by a
<br /> company or companies reasonably acceptable to Lender. Trustor, u.pon request of Lender, will deliver to Lender
<br /> from time to time the poli.cies or certificates of insurance in form.satisfactory to Lender, including stipulations YhaY
<br /> coverages will not be canceiled or diminished without at I.east ten (70) days prior written notice to Lend�er. Each
<br /> insura�nce policy also shall include an endorsement provitling that coverage in favor of Lendet will noi be impaired
<br /> in any way 6y any act, omission or default of Trustor or any oiher person. Shouid the Reai Property be located in
<br /> an area designated by the Director of the Federai Emergency Management Agency as a speciai 'Flood hazard area,
<br /> Trustor agrees to obtain and mai��ntain Federal Flooti Insurance, if available, for the full unpaid principal balance of
<br /> the loan and any prior liens on Yhe 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 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 of 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 retain�the proceeds of any insurance and apply
<br /> the proceeds to tha reduction of the Indebtedness, payment of any lien affecting the Property, or the restoratian
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