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201209932
<br /> DEED OF TRUST
<br /> Loan No: '10004734 (COntillued) Page 2
<br /> liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resuiting firom
<br /> a breach of this section of the Deed of Trust or as a consequence of any use, generation, manufiacture, storage,
<br /> disposal, release or threatened release occurring prior to Trustor's owne�ship or interest in the Property, whether or
<br /> not the same was or should have been known to Trustor. The provisions of this section of tFie Deed ofi Trust,
<br /> inciuding the obiigation to indemnify and defand,shall s�urvive the payment of the Indebtedness and the satis'Faction
<br /> and reconveyance of the lien of this Deed of Trust and shall not be affected by Lender's acquisition ofi any interest
<br /> in the Property,whether by foredosure or otherwise.
<br /> Nuisance, 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 limiting the general�ity of the
<br /> foregoing, Trustor will not remove, or grant to any other party the right to remove, any timber, minerals (induding
<br /> oil and gas),coal,clay,scoria, soil,gravel or rock products without Lender's prior wrirtten consent.
<br /> Removal of Improvements. Trustor shall not demolish or remove any Improvements from tne Real Property without
<br /> Lender's prior written consent. As a condition.to the removal of any Improvemen4s, Lender may require Trustor to
<br /> make ar�angements satisfactory to Lender Yo replace such Improvements with Improvements of at least equal
<br /> value.
<br /> Lender's RFght 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 inierests 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 all laws, ordinances, and
<br /> regulations, now or hereafter in effect, of all govemmenta:l authorities applicable to the use or occupancy ofi 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 notified Lender in writing prio�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 security or a surety bond, reasonably saiisfactory io Lender, fo protect Lender's interest.
<br /> Duty to Protect. Trustor agrees neither to abandon or leave unattended the Property. Trustor shall do all ofher
<br /> acts,in additio.n 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 afl 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 transfier" means the conveyance of Real Property or any
<br /> right, title or in'terest in the Real Property; whether legal, beneficial or equitable; whether voluntary or involuntary;
<br /> whether by outright sale, deed, installment sale contract, land contract, contrect for deed, leasehold interest with a
<br /> term greaYer than three (3) years, lease-option contract, or by sale, assignment, or transfer of any beneficial inYerest 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 relati.ng to the taxes and liens on tne ProPerty are part of this Deed of
<br /> Trust:
<br /> Payrnent. Trustor shall pay when due (and in all events prior to delinquency) all taxes, special taxes, assessments,
<br /> charges (including water and sewer),fines and impositions levied against or on account of the Pro�erty, and shail
<br /> pay when due all claims for work done on or for services rendered or material furnished to the Property. Trustor
<br /> shafl 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, 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 daim in connection with a good faith
<br /> dispute over the obligation Yo pay, so long as Lender's interest in the Property is not jeopardized. If a lien arises o�r
<br /> is filed as a resuk of nonpayment, Trustor shall within fifteen (15) days after the lien arises or, if a lien is filed,
<br /> within fifteen (15) days after Trustot has notice of the filing, secure the discharge of tne lien., or if requested by
<br /> Lender,deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory 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 foreciosure 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 shafl name Lender as an additionai obligee
<br /> under any surety bond furnished in the contest proceedings.
<br /> Evidence of Payment. Trustor shall upon demand furn�ish to Lender saTisfactory evitlence of payment of tne taxes
<br /> or assessments and shall autho�ize the apptopriate governmental ofificial to deliver to Lender at any time a written
<br /> statemeni ofi 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 supplied to the Property, if any mechanic's lien, maYerialmen's Iien, or
<br /> other lien could be asserted on account of the work, services, or maieri�als. Trustor will u�pon request of Lendsr
<br /> furnisn to Lender advance assurances satisfactory 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 of fire insurance with standard extended
<br /> coverage endorsements on a replacement basis for the fiull insurable value covering all Improvements on the Real
<br /> Property in an amount sufficient to avoid application of any coinsurence clause, and with a standard mortgagee
<br /> clause in favor of Lender,Yogether with such other hazard and liabifity 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, will deliver to Lender
<br /> from time Yo time the policies or certificates of insurance in form satisfactory to Lender, including stipulations that
<br /> coverages will not be cancelled or di.minisned 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 defiault 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 filood 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 insurance for the term
<br /> of the loan.
<br /> Application of Proceeds. Trustor sliall 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 the reduction of the Indebtedness, payment of any fien 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
<br /> replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon
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