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201400240
<br /> DEED �F TRUST
<br /> Loan No: 10008537 [Contir�U�d� Page 2
<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 priar to TrusYor's ownership or interest in the Property, whether or
<br /> not the same was or should have heen known to Trustor. The provisions of this section of the Deed of Trust,
<br /> including the obligation to indemnify and defend, sha[I survive the payment of the Indebtedness and the satisfaction
<br /> and reconveyance of the ]ien vf this Deed o€Trust and shall not be affected by Lender`s acquisition of any interest
<br /> in the Praperty, whether by fareclosure or otherwise.
<br /> Nuisance, Waste. Trustor shall nat cause, concfuct or permit any nuisance nor commit, permit, or suffer any
<br /> strfpping of or waste on or ta the Property or any portion of the Property. Without limiting the generality of the
<br /> foregoing, Trustor wil[ nat remove, or grant to any other party the right to remove, any timber, rr�inerals [inc[uding
<br /> oil and gasl, coal, clay, scoria, sai�, gra�el or rock products without Lender's prior written consent.
<br /> Remova[of]mprovements. Trustor shali not demolish or remove any]mprovements from the Real Property without
<br /> Lender's prior written consent. As a condition to the removal of any [mpro�ements, Lender may require Trustar to
<br /> make arrangements sat9sfactory to Lender to replace such Impro�ements with Improvemen#s of at least equal
<br /> value.
<br /> lender's Right to Errter. Lender and Lender's agents and representatives may enter upon the Rea] Property at all
<br /> reasonable times to attend to Lender's interests and to inspect tF�e Real Propert}r for purposes of Trustor's
<br /> compiiance with the terms and conditions of this Deed of Trust.
<br /> Complian�e with Govemmental Requirements. Trustor shall promptly comply witf� a[I [aws, ordinances, and
<br /> regulations, now or hereafter in e#fect, of all governmental authorities applicable to the use or occupancy of the
<br /> Praperty. Trustor may contest in good faith any such Eaw, ordinance, or regulation and wiYhhold comp[iance 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 so[e opinion, Lender's interests in the Property are not jeopardized. Lender may require
<br /> Trustor to pos#adeq�ate security or a surety bond, reasonably satisfactory to Lender,to protect Lender's interesY.
<br /> Duty to Protect. Trustor agrees neither to ahandon or leave unattended Yhe Property. Trustor shall do aA other
<br /> acts, in addition to those acts set forth abave in this section, which from the character and use of ihe Property are
<br /> reasonabty 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 6y this Deed ofi Trust upon the sale or transfer, without Lender's prior written consent, of al! or any part of the
<br /> ReaE Property, or any interest in the Real Property. A "sale or#ransfer" means the conveyance of Rea[ Property or any
<br /> right, title or interest in the Rea! Praperty; whether legal, beneficia[ or equital�le; whether voluntary or involuntary;
<br /> whether by outright sale, deed, installmeni sale contract, land corttract, contract for deed, leasehold interest with a
<br /> term greater than three [3} years, [ease-option cantract, or by sale, assignment, or tra�sfer of any 6eneficial interest in
<br /> or to any ]and trust holding #itle to the Real Property, or by any ot[�er method of conveyance of an interest in the Real
<br /> Property. However, this option shall no# be exercised by Lender if such exercise is prohibited by federal [aw or by
<br /> Nebraska law.
<br /> TAXES AND �.IENS. The following provisions relating to the taxes and liens on the Property are part ofi th9s Deed of
<br /> 7rust:
<br /> Payment. Trustor shall pay when due {and in all events prior to delinquency) all taxes, speciaE iaxes, assessmenis,
<br /> charges fincluding waYer and sewer), fines and impositions levied against or on account of the Property, and shall
<br /> pay when due alE claims fpr work done on or fior services rentlered or material furnished to the Property. Trustor
<br /> shall main#ain the Properry free of a11 liens having priority a�er or equal to the interest of Lender under this �eed of
<br /> Trust, except for the lien of taxes and assessEnents not due, excep# for Ehe Existing Indebtedness referred to
<br /> below, and except as otherwise prpvided in this [Jeed of Trust.
<br /> Right to Contest. Trustor may withhold payment of any tax, assessment, or claim in connection with a gaod #aith
<br /> dispute over the obligation to pay, so long as Lender's interest in the ?roperty is not jeoparcfized. If a lien arises or
<br /> is filed as a resuit of nonpayment, Trustor shall with�n fifEeen {151 days after the ]ien arises or, if a lien is filed,
<br /> within fifteen [15} days after Trustor has notice of the filing, secure the discharge of the ]ien, or if requesteci by
<br /> Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an
<br /> amount sufficient to discharge the lien plus any costs anci attorneys' fees, or other charges that could accrue as a
<br /> resuEt of a foreclosure or sale unc€er the lien. In any contest, Trustor shal[ defend itself and Lender and shall satisfy
<br /> any adverse judgment before enforcement against#he Property. Trustor shall name Lender as an additional obligee
<br /> undet any surety bond furnished in the contest proceedings.
<br /> Evfdence of Payment. Trustos shal[ upon demand fiurnish to Lender satis'factory evidenca of payment of the taxes
<br /> or assessmenls and shal! authorize the appropriate governmentaf official to deliver to Lender at any time a written
<br /> statement of the taxes and assessments againsY the Property.
<br /> Notice ot Construction. Trustor shal[ noti�y Lender at tesst fi�teen [15} days before any work is commenced, any
<br /> serv9ces are fvrnished, or any materials are supplied to the Property, if any mechanic's lien, materialmen's [ien, os
<br /> other Eien could be assertec! on account of ihe work, services, or materiafs. Trustor will upon request of Lender
<br /> furnish xo Lender advance assurances satisfactory to Lender that Trustor can and wil[ pay the cosi of such
<br /> improvements.
<br /> PROPERTY DAMAGE INSURANCE. The folEowing provisions relating to insuring the Property are a part of this Deed of
<br /> Trust.
<br /> Maintenance of Insurance. Trustor shall grocure and maintain policies of fire insurance wiYh standard extended
<br /> coverage endorsements on a replacement basis for the ful] insurable �alue covering all [mprovements on #he Real
<br /> Property in an amouni sufficie�t to avoid application of any coinsurance cEause, and with a standard mortgagee
<br /> cEause in favor of Lender, together with such other hazard and liability insurance as Lender may reasonab�y require.
<br /> Policies shali be written in form, amounts, co�erages and basis reasoriably acceptable to Lender and issued by a
<br /> company or companies reasonably acceptable to Lender. Trustor, upon request of Lender, wi11 deli�er to Lender
<br /> from tirrte to time tf�e policies or certificates of insurance in form satisfactory to Ler�der, including stipulations that
<br /> coverages will not be cancelled or dirrtinished without at least ten [10] days prior written notice to Lender. Each
<br /> insurance policy also shall include an endorsemenF providing that coverage in favor of Lender w'sll not be impaired
<br /> in any way by ar�y 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 [�axard area,
<br /> Trustor agrees to obtain and maintain Federal �[ood Insurance, if available, for the '�ull unpaici principal balance of
<br /> the loan and any prior liens on the property securing the laan, up to the maximum policy limits set under the
<br /> Natianal Flood Insurance Program, or as otherwise required by Lender, and to maintain such insurance for the term
<br /> of the loan.
<br /> Appl9cation 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 a�ci apply
<br /> the proceeds to the reduction of the Indebtedness, payment of any ]ien 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 ihe damaged or destroyed Improvemenis in a manner satisfactory Eo Lender. Lender shall, upon
<br /> saiisfactory proof of such expenditure, pay or reimburse Trustor from the proceeds for the reasonable cost of
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