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201211058
<br /> DEED OF TRUST
<br /> Loan No: 7004882 (Co1'1t11lued) Page 2
<br /> any such laws; and (2) agrees to indemnifiy, defend, and hold harmless Lender against any and alI daims, losses,
<br /> Iiabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting firom
<br /> a breach ofi this section of the Deed ofi Trust or as a consequence ofi 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 ptovisions. of this section of the Deed of Trust,
<br /> including the obligation to indemnify and defend,shall survive the payment of the Indebtedness and the satisfaction
<br /> and reconveyance ofi 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 oiherwise.
<br /> Nuisance, Waste. Trustor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any
<br /> stripping oi or waste on or to the Property or any portion of the Property. Withoui limiting the generality of the
<br /> foregoing, Trustor will not remove,or grant to any othe� party the right to remove, any timber, minerals (including
<br /> oiI 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 arrangements 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 wi-[h the terms and conditions of this Deed of Trust..
<br /> Compliance with Governmental Requirements. Trustor shall prompily comply with all laws, ordinances, and
<br /> regulations, now or hereafter in efifect, of all governmental authorities applicable to the use or occupancy of the
<br /> Property. T�ustor may contest in good faith any such law, ordinance, or regulation and withhold compliance during
<br /> any proceeding, including appropriate appeais, 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 /> Trustor 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 all other
<br /> acts, i.n 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 this Deed of Trust upo�n the sale or ttansfet, witnout 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 interest in tne Real Property; whether legal, beneficial or equitable; whether voluntary or involuntary;
<br /> whether by outright sale, deed, instaliment sale contract, land contract, contrect for deed, leasehold interest with a
<br /> term greater than tAree (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 6y any othe�r method of conveyance of an interest in the Real
<br /> Property. However, this option shafl not be exercised by Lender if such exetcise is prohibited by federal law or by
<br /> Nebraska law. �
<br /> TAXES AND LIENS. The followi.ng provisions relating to the taxes and liens on the Property are part of this Deed of
<br /> Trust:
<br /> Payment. 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 Property, and,shall
<br /> pay when due all daims for work done on or for seroices 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 tnis Deed of
<br /> Trust, except for the lien of taxes and assessments not due and except as otnerwise provided in this Deed of
<br /> Trust.
<br /> Right to Contest. Trustor may withhold payment of any tax, assessment, or claim in connection with a good faitn
<br /> dispure 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 nonpaymeni, Trustor shall within fifteen (15) days after the lien arises or, if a lien is filed,
<br /> within fifteen (1 5) days after Trustor has notice of the filing, secure the discharge of the lien, or ifi requested by
<br /> Lender, deposiY with Lender cash or a sufifiicient corporete surety bond or other security satisfactory to Lender in an
<br /> amount sufficient to discharge the lien plus any costs and attomeys' fees, or other charges that could accrue as a
<br /> result of a foreclosu�e or sale u�nder the lien. In any contest, Trustor shall tlefend itself and Lender and shall sa'[isfy
<br /> any adverse judgment before 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 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 ihe Property.
<br /> Notice of Construction. Trustor shall. notify Lender at least fifteen (7 5) days before any work is commenced., any
<br /> services are furnished, or any materials are supplied to tne 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 /> furnish to Lender advance assurances satisfactory to Lender that Trustor can and will pay the cost of such
<br /> improvements.
<br /> PROPERTY DAMAG�E 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 witn standard extended
<br /> coverage endorsemenis on a replacement basis for the full insurable value covering all Improvements on the Real
<br /> Property in an amount sufificient to avoid application of any coinsurance clause, and witn a standard mortgagee
<br /> clause in favor of Lender, together with such other hazard and liability insurance as Lender may reasonabiy 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 to 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 (70) days prior written notice to Lender. Each
<br /> insurance policy also shall indude an endorsement providing that coverage�in fiavor 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 obYain 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 otherwfse 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. Lendet may
<br /> make proof of loss if Trustor fiails to do so within fifteen ("15) days of the casuaky. Wnetner 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 lien affecting the Property, o� the restoration
<br /> and repair of the Property. If Lerider elects to apply the proceeds to restoration and repair, Trustor shall repair or
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